Local and special acts and resolutions of the General Assembly of the state of Georgia 1990 [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 19900000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1990 19900000 Compiled and Published by Authority of the State

GEORGIA LAWS 1990 TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2427 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral LII 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 CCXCV State Auditor's Report on Retirement Bills CCCIV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5283 Municipal Home Rule Actions 5355 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral LII 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 CCXCV State Auditor's Report on Retirement Bills CCCIV

COMPILER'S NOTE General Acts and Resolutions of the 1990 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 2427. 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 1989 are printed in Volume II beginning at page 5283. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1989 are printed in Volume II beginning at page 5355. There are no numbered pages between page 2446 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they 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.

Page vi

ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 705 3501 706 3504 707 1 708 5 709 6 710 3506 711 3508 712 3510 713 3517 714 8 715 44 716 3525 717 3529 718 45 719 53 720 54 721 131 722 132 723 3530 724 3534 725 133 726 3539 727 3542 728 135 729 3550 730 3554 731 3556 732 3558 733 137 734 138 735 3560 736 3640 737 3643 738 139 739 3648 740 3650 741 3658 742 3662 743 3665 744 143 745 157 746 159 747 3668 748 161 749 3677 750 162 751 164 752 3715 753 167 754 168 755 3717 756 3724 757 3729 758 3731 759 3734 760 3740 761 3743 762 3745 763 3764 764 3765 765 3768 766 3770 767 3774 768 3780 769 3783 770 3785 771 3787 772 3790 773 3794 774 3807 775 3840 776 3843 777 3845 778 3855 779 3860 780 3868 781 3880 782 3882 783 3884 784 3886 785 3888 786 3891 787 3894 788 3896 789 172 790 3900 791 3914 792 3916 793 3918 794 3921

Page vii

795 3928 796 3931 797 3935 798 3941 799 3944 800 3978 801 3982 802 3989 803 3992 804 3995 805 3998 811 4011 812 4013 813 4016 814 4018 815 4020 816 4022 817 4025 818 4030 819 4032 820 4035 821 4038 822 4040 823 4042 824 4045 825 4047 826 4054 827 4056 828 4059 829 4070 830 4072 831 4074 832 4077 833 4079 834 4080 835 4083 836 4085 837 4100 838 4102 839 4104 840 4109 841 4111 842 4113 843 4117 844 4119 845 4121 846 4123 847 4125 848 4127 849 4130 850 4131 851 4134 852 4142 853 4145 854 4146 855 4149 856 4155 857 4159 858 4163 859 4167 860 4171 861 4175 862 4177 863 4179 864 4181 865 4183 866 4185 867 4187 868 4189 869 4191 870 4193 871 4200 872 4202 873 4205 874 4207 875 4209 876 4212 877 4215 878 4217 879 4220 880 4224 881 4234 882 4236 883 4238 884 4242 885 4246 886 4251 887 4273 888 175 889 176 890 179 891 190 892 194 893 220 894 4291 895 4296 896 4298 897 4302

Page viii

898 4304 899 4307 900 4310 901 4317 902 4320 903 4322 904 4324 905 4326 906 4329 907 4331 908 4334 909 4337 910 4339 911 4341 912 4343 913 4345 914 4347 915 4351 916 4355 917 4357 918 4361 919 222 920 4367 921 4371 922 4376 923 4378 924 4384 925 4388 926 4390 927 4392 928 4396 929 4398 930 4400 931 4402 932 4406 933 4408 934 4410 935 4415 936 4421 937 4424 938 4427 939 4430 940 4432 941 4435 942 4445 943 4447 944 4451 945 4456 946 4459 947 4466 948 4469 949 4474 950 4476 951 4479 952 4481 953 4484 954 4518 955 4520 956 4522 957 223 958 227 959 243 960 252 961 254 962 255 963 256 964 257 965 282 966 283 967 284 968 285 969 4524 970 4526 971 4528 972 4531 973 4534 974 4537 975 286 976 4540 977 4542 978 4544 979 4547 980 4549 981 4552 982 4587 983 4589 984 4592 985 4596 986 4601 987 4603 988 4606 989 4609 990 4611 991 4616 992 4618 993 4621 994 4623 995 4626

Page ix

996 4630 997 4632 998 4635 999 4646 1000 4648 1001 4650 1002 4652 1003 4654 1004 4657 1005 4660 1006 4663 1007 4665 1008 4680 1009 4685 1010 4703 1011 4708 1012 4709 1013 4711 1014 4720 1015 4723 1016 4724 1017 4726 1018 4729 1019 4736 1020 4739 1021 4743 1022 4745 1023 4759 1024 4762 1025 4764 1026 4767 1027 4775 1028 4778 1029 4781 1030 4784 1031 4786 1032 4790 1033 4823 1034 4861 1035 4863 1036 4869 1037 4871 1038 4877 1039 4911 1040 4913 1041 4918 1042 4920 1043 4923 1044 4925 1045 4929 1046 4931 1047 4934 1048 4980 1049 4982 1050 4984 1051 4988 1052 4990 1053 5022 1054 289 1055 291 1056 292 1057 293 1058 294 1059 296 1060 297 1061 298 1062 299 1063 300 1064 301 1065 304 1066 309 1067 310 1068 312 1069 315 1070 317 1071 318 1072 320 1073 322 1074 325 1075 326 1076 328 1077 333 1078 336 1079 338 1080 340 1081 341 1082 343 1083 344 1084 346 1085 349 1086 350 1087 354 1088 356 1089 360 1090 362 1091 366 1092 368 1093 371

Page x

1094 372 1095 373 1096 376 1097 378 1098 380 1099 381 1100 382 1101 383 1102 384 1103 386 1104 391 1105 392 1106 412 1107 471 1108 474 1109 482 1110 487 1111 488 1112 489 1113 497 1114 5025 1115 5033 1116 5040 1117 5044 1118 5051 1119 5114 1120 5132 1121 5140 1122 506 1123 508 1124 510 1125 511 1126 514 1127 516 1128 518 1129 521 1130 523 1131 525 1132 527 1133 529 1134 532 1135 534 1136 536 1137 539 1138 540 1139 543 1140 546 1141 550 1142 553 1143 554 1144 556 1145 558 1146 560 1147 561 1148 565 1149 567 1150 568 1151 570 1152 572 1153 573 1154 576 1155 579 1156 585 1157 587 1158 588 1159 590 1160 591 1161 594 1162 606 1163 640 1164 642 1165 643 1166 644 1167 646 1168 647 1169 649 1170 650 1171 662 1172 5146 1173 5149 1174 5151 1175 5165 1176 5168 1177 5170 1178 5207 1179 5210 1180 5232 1181 667 1182 685 1183 688 1184 689 1185 690 1186 692 1187 705 1188 709 1189 711 1190 731 1191 732

Page xi

1192 735 1193 738 1194 739 1195 747 1196 761 1197 762 1198 764 1199 767 1200 770 1201 780 1202 781 1203 782 1204 791 1205 793 1206 794 1207 797 1208 799 1209 805 1210 814 1211 816 1212 817 1213 5239 1214 847 1215 856 1216 860 1217 861 1218 865 1219 870 1220 872 1221 876 1222 877 1223 879 1224 881 1225 882 1226 886 1227 889 1228 891 1229 892 1230 894 1231 915 1232 917 1233 918 1234 920 1235 5253 1236 5263 1237 922 1238 992 1239 993 1240 997 1241 1000 1242 1001 1243 1003 1244 1004 1245 1013 1246 1032 1247 1034 1248 1035 1249 1039 1250 1051 1251 1057 1252 1061 1253 1062 1254 1079 1255 1081 1256 1087 1257 1088 1258 1097 1259 1101 1260 1118 1261 1122 1262 1131 1263 1132 1264 1134 1265 1146 1266 1147 1267 1148 1268 1149 1269 1154 1270 1164 1271 1166 1272 1201 1273 1203 1274 1207 1275 1211 1276 1212 1277 1216 1278 1218 1279 1222 1280 5265 1281 5267 1282 1225 1283 1226 1284 1231 1285 1235 1286 1236 1287 1238 1288 1241 1289 1243

Page xii

1290 1247 1291 1251 1292 1253 1293 1254 1294 1256 1295 1261 1296 1263 1297 1269 1298 1270 1299 1274 1300 1275 1301 1282 1302 1283 1303 1284 1304 1312 1305 1315 1306 1316 1307 1319 1308 1320 1309 1324 1310 1327 1311 1329 1312 1331 1313 1332 1314 1337 1315 1339 1316 1341 1317 1343 1318 1344 1319 1345 1320 1347 1321 1348 1322 1350 1323 1351 1324 1353 1325 1354 1326 1359 1327 1361 1328 1363 1329 1364 1330 1367 1331 1369 1332 1371 1333 1372 1334 1396 1335 1397 1336 1399 1337 1400 1338 1402 1339 1408 1340 1409 1341 1421 1342 1423 1343 1425 1344 1427 1345 1434 1346 1436 1347 1440 1348 1441 1349 1443 1350 1445 1351 1446 1352 1448 1353 1466 1354 1469 1355 1471 1356 1476 1357 1477 1358 1484 1359 1487 1360 1489 1361 1491 1362 1495 1363 1496 1364 1500 1365 1501 1366 1505 1367 1506 1368 1534 1369 1560 1370 1566 1371 1572 1372 1642 1373 1650 1374 1653 1375 1657 1376 1672 1377 1676 1378 1686 1379 1689 1380 1690 1381 1691 1382 1696 1383 1701 1384 1731 1385 1735 1386 1761 1387 1765 1388 1772 1389 1778 1390 1785 1391 1795 1392 5272 1393 5279 1394 1796 1395 1798 1396 1808 1397 1810 1398 1811 1399 1817 1400 1829 1401 1830 1402 1831 1403 1832 1404 1834 1405 1836 1406 1837 1407 1843 1408 1857 1409 1858 1410 1866 1411 1867 1412 1869 1413 1871 1414 1875 1415 1883 1416 1901 1417 1902 1418 1903 1419 1913 1420 1916 1421 1924 1422 1930 1423 1939 1424 1943 1425 1944 1426 1945 1427 1959 1428 1965 1429 1967 1430 1968 1431 1969 1432 1972 1433 1980 1434 1983 1435 1986 1436 2004 1437 2009 1438 2012 1439 2015 1440 2018 1441 2019 1442 2022 1443 2024 1444 2026 1445 2028 1446 2033 1447 2037 1448 2041 1449 2043 1450 2046 1451 2048 1452 2336 1453 2338 1454 2422 1455 2423

Page xiii

RESOLUTIONS BY NUMBERS, PAGE REFERNECES Res. Act No. Page 46 128 47 170 48 197 49 199 50 201 51 202 52 203 53 206 54 207 55 209 56 212 57 214 58 217 59 219

Page xiv

60 394 61 399 62 405 63 406 64 407 65 658 66 661 67 2429 68 929 69 930 70 933 71 934 72 2430 73 939 74 941 75 2432 76 943 77 945 78 946 79 948 80 951 81 952 82 954 83 956 84 957 85 2433 86 959 87 2435 88 962 89 965 90 968 91 969 92 970 93 972 94 974 95 2437 96 977 97 978 98 979 99 2440 100 983 101 984 102 985 103 988 104 989 105 1732 106 2441 107 2443 108 2445 BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 9 1255 1081 10 1082 343 44 1109 482 46 1282 1225 67 1083 344 109 1122 506 115 1084 346 141 1283 1226 156 1123 508 164 1284 1231 192 1085 349 198 1124 510 222 1381 1691 230 1125 511 251 1285 1235 253 1110 487 255 1286 1236 256 1181 667 273 1394 1796 319 1270 1164 346 1287 1238 357 1086 350 402 1288 1241 436 1126 514 441 1127 516 442 1289 1243 452 1290 1247 458 1182 685 502 958 227 515 764 3765 516 1291 1251 539 1239 993

Page xv

552 1292 1253 553 1293 1254 560 1395 1798 577 1396 1808 580 1397 1810 620 1087 354 623 1128 518 628 1294 1256 639 1398 1811 663 1269 1154 671 1378 1686 677 1183 688 686 1256 1087 695 1129 521 702 1184 689 704 1295 1261 738 1223 879 744 1377 1676 752 1130 523 754 1296 1263 761 1131 525 764 1185 690 769 1132 527 770 1264 1134 776 1054 289 796 1186 692 840 794 3921 842 1187 705 848 926 4390 883 1053 5022 887 1188 709 923 733 137 947 1189 711 951 1297 1269 964 1133 529 999 1259 1101 1009 927 4392 1035 1298 1270 1038 1039 4911 1050 1190 731 1053 1299 1274 1073 712 3510 1088 1088 356 1094 1191 732 1095 1134 532 1098 1089 360 1105 1382 1696 1113 928 4396 1114 1135 534 1128 1300 1275 1131 1301 1282 1137 1399 1817 1139 1440 2018 1140 713 3517 1145 1441 2019 1149 1111 488 1151 1442 2022 1152 1400 1829 1154 1157 587 1158 1224 881 1159 1443 2024 1160 1444 2026 1163 728 135 1167 959 243 1168 1266 1147 1171 1445 2028 1172 744 143 1173 1040 4913 1174 796 3931 1177 1401 1830 1180 1158 588 1181 960 252 1184 1192 735 1185 1267 1148 1186 1244 1004 1189 765 3768 1195 1302 1283 1196 1193 738 1200 1268 1149 1202 1303 1284 1204 1402 1831 1206 1055 291 1207 961 254 1208 1194 739 1212 1304 1312 1214 1403 1832 1219 1241 1000 1220 750 162 1225 1446 2033 1226 1250 1051 1228 1305 1315 1231 1447 2037 1232 1306 1316 1235 962 255 1238 716 3525 1239 1393 5279 1240 1090 362 1244 708 5

Page xvi

1246 1307 1319 1247 725 133 1249 754 168 1250 1195 747 1252 1448 2041 1254 1271 1166 1261 1449 2043 1263 1450 2046 1272 1308 1320 1273 719 53 1274 1159 590 1275 718 45 1277 715 44 1278 714 8 1282 963 256 1283 705 3501 1285 882 4236 1286 929 4398 1288 720 54 1290 1041 4918 1292 1172 5146 1294 1225 882 1295 1160 591 1296 1196 761 1297 1404 1834 1298 1309 1324 1302 1042 4920 1309 1091 366 1312 1310 1327 1313 1161 594 1314 1453 2338 1316 1386 1761 1317 1388 1772 1318 1390 1785 1319 1389 1778 1320 1387 1765 1321 1391 1795 1323 1385 1735 1326 1405 1836 1327 1173 5149 1329 1043 4923 1333 1162 606 1335 1056 292 1336 1092 368 1340 1238 992 1341 930 4400 1342 1093 371 1343 766 3770 1349 1406 1837 1350 1452 2336 1351 1057 293 1352 1094 372 1360 1451 2048 1361 964 257 1366 1373 1650 1367 1095 373 1371 710 3506 1372 1197 762 1373 1096 376 1374 709 6 1377 1163 640 1378 767 3774 1381 1407 1843 1383 1097 378 1385 1237 922 1389 1455 2423 1390 1164 642 1391 1198 764 1392 1058 294 1396 795 3928 1397 1226 886 1398 768 3780 1399 769 3783 1400 770 3785 1401 771 3787 1402 772 3790 1403 797 3935 1404 1044 4925 1406 707 1 1407 711 3508 1408 965 282 1412 1098 380 1413 773 3794 1415 1199 767 1417 1059 296 1419 Voted 1420 1045 4929 1421 1200 770 1422 890 179 1423 1380 1690 1424 706 3504 1425 1201 780 1426 1202 781 1427 1251 1057 1431 774 3807 1433 1408 1857 1434 1099 381 1435 1311 1329

Page xvii

1439 727 3542 1440 1312 1331 1441 1248 1035 1442 1372 1642 1443 1379 1689 1444 1100 382 1445 734 138 1446 1203 782 1449 1369 1560 1457 1204 791 1459 1368 1534 1461 1046 4931 1462 775 3840 1463 1313 1332 1464 776 3843 1465 1165 643 1470 745 157 1480 1314 1337 1483 777 3845 1485 1114 5025 1489 726 3539 1491 931 4402 1493 1409 1858 1494 778 3855 1495 798 3941 1499 1315 1339 1502 779 3860 1505 1410 1866 1508 1205 793 1512 Vetoed 1513 1316 1341 1516 1317 1343 1517 1318 1344 1518 1263 1132 1520 1206 794 1521 1411 1867 1523 1113 497 1524 799 3944 1529 781 3880 1539 1412 1869 1540 1227 889 1541 748 161 1545 800 3978 1548 1101 383 1549 1242 1001 1553 1102 384 1554 1207 797 1555 1245 1013 1559 724 3534 1560 1136 536 1563 1228 891 1567 1319 1345 1568 1246 1032 1569 1047 4934 1570 1320 1347 1571 1262 1131 1574 1107 471 1575 1048 4980 1576 801 3982 1578 1261 1122 1579 802 3989 1582 732 3558 1586 782 3882 1588 1049 4982 1595 721 131 1597 1374 1653 1601 1321 1348 1608 1166 644 1610 889 176 1611 783 3884 1612 1208 799 1614 1322 1350 1616 1323 1351 1617 1413 1871 1620 1414 1875 1622 1415 1883 1623 1324 1353 1625 1050 4984 1628 Vetoed 1629 1103 386 1630 1167 646 1632 Vetoed 1633 Vetoed 1634 1392 5272 1635 Vetoed 1636 1051 4988 1638 1052 4990 1639 891 190 1640 1325 1354 1641 1326 1359 1644 1168 647 1645 932 4406 1646 1416 1901 1647 1384 1731 1648 803 3992 1649 804 3995 1651 1209 805 1654 1104 391

Page xviii

1660 1327 1361 1663 1328 1363 1665 1417 1902 1666 729 3550 1668 933 4408 1670 934 4410 1674 1210 814 1677 1169 649 1679 1170 650 1680 1329 1364 1684 784 3886 1686 1211 816 1687 785 3888 1692 1174 5151 1694 805 3998 1696 738 139 1708 1212 817 1710 1330 1367 1711 1331 1369 1712 786 3891 1714 1028 4778 1715 806 4000 1716 807 4002 1717 808 4004 1718 1029 4781 1727 717 3529 1728 1332 1371 1734 787 3894 1735 1115 5033 1736 935 4415 1737 936 4421 1750 809 4006 1751 810 4008 1753 1105 392 1754 1213 5239 1756 1214 847 1757 1370 1566 1761 937 4424 1763 1215 856 1764 883 4238 1765 811 4011 1771 812 4013 1772 1030 4784 1773 723 3530 1776 813 4016 1777 1031 4786 1778 814 4018 1779 1060 297 1783 815 4020 1786 938 4427 1788 816 4022 1790 1333 1372 1791 817 4025 1795 818 4030 1796 819 4032 1798 746 159 1800 820 4035 1805 821 4038 1807 1278 1218 1809 730 3554 1811 1061 298 1812 1032 4790 1813 1257 1088 1822 939 4430 1823 1175 5165 1824 822 4040 1825 823 4042 1827 1276 1212 1828 824 4045 1829 825 4047 1830 826 4054 1831 827 4056 1832 940 4432 1834 1062 299 1835 828 4059 1836 829 4070 1839 1033 4823 1840 830 4072 1841 831 4074 1844 832 4077 1846 1334 1396 1849 1280 5265 1850 739 3648 1851 1116 5040 1853 941 4435 1854 1418 1903 1855 737 3643 1856 834 4080 1857 731 3556 1858 740 3650 1859 741 3658 1860 833 4079 1861 742 3662 1862 736 3640 1863 1034 4861 1871 1035 4863 1873 835 4083 1876 836 4085

Page xix

1878 1036 4869 1879 942 4445 1880 943 4447 1881 944 4451 1882 Vetoed 1883 837 4100 1884 Vetoed 1885 Vetoed 1886 838 4102 1887 881 4234 1889 Vetoed 1891 839 4104 1892 840 4109 1897 1037 4871 1898 1038 4877 1901 841 4111 1902 842 4113 1903 1117 5044 1904 735 3560 1905 843 4117 1907 844 4119 1908 1005 4660 1909 845 4121 1910 1006 4663 1916 780 3868 1917 1007 4665 1918 1008 4680 1919 1009 4685 1920 945 4456 1921 846 4123 1922 946 4459 1923 947 4466 1927 1010 4703 1928 948 4469 1930 743 3665 1931 949 4474 1932 847 4125 1933 848 4127 1934 950 4476 1935 1011 4708 1936 849 4130 1937 850 4131 1939 1216 860 1942 951 4479 1943 1012 4709 1944 1118 5051 1945 1013 4711 1946 1108 474 1947 1014 4720 1949 851 4134 1950 852 4142 1951 1112 489 1952 853 4145 1953 747 3668 1955 854 4146 1956 1176 5168 1957 1217 861 1959 1281 5267 1962 952 4481 1963 855 4149 1965 884 4242 1967 859 4167 1968 Vetoed 1970 856 4155 1972 858 4163 1973 953 4484 1975 857 4159 1976 860 4171 1979 861 4175 1980 1015 4723 1981 862 4177 1982 954 4518 1983 955 4520 1984 1016 4724 1985 863 4179 1986 885 4246 1987 864 4181 1988 1017 4726 1989 865 4183 1990 866 4185 1991 956 4522 1992 867 4187 1993 1018 4729 1994 868 4189 1995 1019 4736 1997 869 4191 1998 1119 5114 1999 870 4193 2000 1020 4739 2001 1021 4743 2002 902 4320 2003 1022 4745 2005 871 4200 2008 1023 4759 2009 872 4202 2010 1024 4762 2011 1025 4764 2012 903 4322

Page xx

2014 904 4324 2015 1120 5132 2016 905 4326 2017 1026 4767 2018 906 4329 2019 907 4331 2020 1027 4775 2021 873 4205 2022 874 4207 2023 1121 5140 2024 908 4334 2025 909 4337 2026 910 4339 2027 911 4341 2028 875 4209 2029 876 4212 2030 912 4343 2031 887 4273 2035 913 4345 2036 914 4347 2037 877 4215 2039 915 4351 2040 916 4355 2041 917 4357 2042 981 4552 2043 1177 5170 2044 982 4587 2045 983 4589 2046 918 4361 2047 984 4592 2048 878 4217 2049 921 4371 2050 985 4596 2051 879 4220 2052 986 4601 2053 987 4603 2055 1178 5207 2056 988 4606 2057 989 4609 2058 990 4611 2059 991 4616 2060 992 4618 2061 920 4367 2062 922 4376 2063 923 4378 2064 1179 5210 2065 993 4621 2066 1180 5232 2067 994 4623 2068 995 4626 2069 996 4630 2070 997 4632 2071 998 4635 2072 999 4646 2073 1000 4648 2074 1001 4650 2075 1002 4652 2076 1003 4654 2080 1004 4657 2081 924 4384 2082 886 4251 2084 925 4388 House Resolution Resolution Act No. Page No. 279 67 2429 466 108 2445 574 68 929 580 69 930 582 70 933 583 71 934 585 72 2430 586 73 939 587 74 941 588 75 2432 592 76 943 638 77 945 639 65 658 682 78 946 684 79 948 719 80 951 729 81 952 731 82 954 735 83 956 761 84 957 763 85 2433 764 86 959 777 87 2435 778 88 962 779 89 965 785 90 968 787 91 969 796 106 2441 809 92 970 810 93 972

Page xxi

812 94 974 836 95 2437 847 96 977 848 97 978 849 98 979 850 59 219 861 99 2440 887 100 983 909 101 984 912 102 985 931 103 988 Senate Bill Act No. Page No. 10 1137 539 20 1145 558 28 1138 540 58 1139 543 71 1140 546 72 1218 865 76 1066 309 79 1141 550 121 1142 553 162 1143 554 204 1258 1097 229 1067 310 230 1146 560 232 1219 870 238 Vetoed 248 1419 1913 250 1383 1701 262 966 283 291 1420 1916 312 1144 556 333 1147 561 335 893 220 349 788 3896 354 1148 565 357 969 4524 358 970 4526 359 971 4528 363 789 172 364 1335 1397 411 Vetoed 412 Vetoed 415 1336 1399 417 1149 567 420 1337 1400 433 892 194 434 1338 1402 440 1229 892 442 972 4531 443 1371 1572 445 1068 312 447 1421 1924 448 Vetoed 449 1150 568 450 1375 1657 454 1339 1408 455 1069 315 457 751 164 460 1220 872 462 1247 1034 464 1340 1409 468 1230 894 472 1341 1421 477 1342 1423 478 1279 1222 484 1422 1930 486 1423 1939 488 888 175 489 1151 570 490 1070 317 500 1436 2004 503 1437 2009 508 1249 1039 509 1343 1425 512 1438 2012 516 1071 318 517 1152 572 518 1072 320 519 1344 1427 523 722 132 524 1376 1672 529 1345 1434 530 1346 1436 533 1106 412 534 957 223 537 1073 322 540 1063 300 544 1347 1440 545 1439 2015 548 Vetoed 552 1074 325 553 1153 573 554 1348 1441

Page xxii

560 1424 1943 561 1349 1443 563 1075 326 566 1425 1944 567 1231 915 568 1265 1146 570 1426 1945 572 1350 1445 573 967 284 574 1154 576 575 1076 328 579 1351 1446 580 1427 1959 586 1221 876 588 1428 1965 590 790 3900 591 1260 1118 593 1429 1967 594 1430 1968 595 1077 333 597 1352 1448 600 1431 1969 601 1064 301 602 1243 1003 605 1272 1201 606 1277 1216 608 1275 1211 613 1353 1466 614 973 4534 615 1065 304 620 968 285 622 1432 1972 623 1155 579 624 755 3717 628 1354 1469 629 1232 917 632 1355 1471 634 1078 336 636 753 167 637 1356 1476 640 919 222 641 1433 1980 642 1156 585 645 894 4291 646 791 3914 647 749 3677 652 1434 1983 659 756 3724 662 1357 1477 663 1252 1061 665 1079 338 668 1358 1484 671 1359 1487 675 757 3729 677 974 4537 680 1360 1489 681 1361 1491 683 1362 1495 685 758 3731 686 Vetoed 687 1222 877 691 1080 340 693 1240 997 696 1273 1203 699 1081 341 705 1435 1986 706 975 286 707 1171 662 708 1233 918 709 1363 1496 710 895 4296 711 1364 1500 713 759 3734 714 1274 1207 716 Vetoed 717 1253 1062 718 1254 1079 719 976 4540 720 896 4298 722 760 3740 724 752 3715 727 1234 920 728 1365 1501 731 1235 5253 735 1366 1505 741 1454 2422 742 1236 5263 743 761 3743 744 792 3916 746 1367 1506 747 793 3918 748 762 3745 749 897 4302 752 763 3764 756 898 4304 757 899 4307 758 900 4310 760 901 4317

Page xxiii

761 977 4542 762 880 4224 764 978 4544 765 979 4547 766 980 4549 Senate Resolution Resolution Act No. Page No. 23 48 197 54 60 394 64 61 399 116 107 2443 280 62 405 297 49 199 304 105 1732 306 50 201 307 51 202 314 52 203 315 46 128 331 63 406 332 53 206 335 54 207 336 55 209 362 56 212 413 64 407 414 104 989 427 47 170 432 66 661 443 58 217 461 57 214

Page 3501

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1990 WESTERN JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENTS. No. 705 (House Bill No. 1283). AN ACT To amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3780), so as to change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3780), is amended by

Page 3502

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 governing authorities of the counties which comprise the Western Judicial Circuit shall provide supplementary compensation to the judges of the Western Judicial Circuit in the amounts provided for in this section. Clarke County shall pay to each judge the sum of $12,100.00 per annum. Oconee County shall pay to each judge the sum of $6,000.00 per annum. These sums shall be payable in equal monthly installments from the funds of the counties. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3780); and for other purposes. This 14th day of December, 1989. Wendell T. Dawson, Chairman Oconee County Board of Commissioners 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

Page 3503

Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following date: December 21, 1989. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, approved February 16, 1950 (Ga. L. 1950, p. 295), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 42), by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), and an Act approved March 5, 1987 (Ga. L. 1987, p. 3780); and for other purposes. This 14th day of December, 1989. Wendell T. Dawson Chairman Oconee County Board of Commissioners 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 Athens Observer which is the official organ of Clarke County, on the following date: December 21, 1989.

Page 3504

/s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved January 31, 1990. LOWNDES COUNTY BOARD OF EDUCATION; COMPENSATION; ACT REPEALED. No. 706 (House Bill No. 1424). AN ACT To repeal an Act fixing the compensation of the members of the Board of Education of Lowndes County, approved March 20, 1963 (Ga. L. 1963, p. 2335); 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 fixing the compensation of the members of the Board of Education of Lowndes County, approved March 20, 1963 (Ga. L. 1963, p. 2335), is repealed in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3505

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to repeal an Act approved March 20, 1963 (Ga. L. 1963, p. 2335); and for other purposes. This 10th day of Jan., 1990. Honorable James M. Beck Representative, 148th District 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 12, 1990. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 16th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 6, 1990.

Page 3506

STEPHENS COUNTY BOARD OF EDUCATION; SCHOOL DISTRICTS; ELECTIONS. No. 710 (House Bill No. 1371). AN ACT To amend an Act dividing Stephens County into school districts and providing for the election of members of the Board of Education of Stephens County, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, so as to change the provision relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County, dated December 4, 1989, dividing former Toccoa Voting Precinct Number 2 into two new precincts to be known as Toccoa Precincts #2 and #3; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act dividing Stephens County into school districts and providing for the election of the members of the Board of Education of Stephens County, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, is amended by striking that portion of Section 2 which reads as follows: Education District 2: All that portion of the Toccoa (440) Militia District known as a Toccoa Voting District Number 2. and inserting in lieu thereof the following: Education District 2: All that portion of Stephens County designated as Toccoa Precincts #2 and #3, as described in an order of the Probate Court of Stephens County, dated December 4, 1989, which description is incorporated by reference. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 3507

Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act dividing Stephens County into education districts; to provide for other matters relative thereto; and for other purposes. This 8th day of January, 1990. JEANETTE JAMIESON, REPRESENTATIVE 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 4, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 12th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 9, 1990.

Page 3508

ELBERT COUNTY BOARD OF EDUCATION; SALARY AND EXPENSES. No. 711 (House Bill No. 1407). AN ACT To amend an Act reconstituting and re-creating the Board of Education of Elbert County, approved February 13, 1986 (Ga. L. 1986, p. 3578), so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority; 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 reconstituting and re-creating the Board of Education of Elbert County, approved February 13, 1986 (Ga. L. 1986, p. 3578), is amended by adding immediately following Section 6 thereof a new section to read as follows: Section 6.1. Each member of the Board of Education of Elbert County shall be paid a salary of $200.00 per month, payable on or before the tenth of each month, plus reimbursement for actual expenses necessarily incurred in traveling within or outside the state on official business, the latter to be first authorized by the board, and all such funds shall be payable from the funds of the Elbert County school system. Section 2. This Act is passed pursuant to the authority of Code Section 20-2-55 of the O.C.G.A. and Article VIII, Section V, Paragraph II of the Constitution. 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

Page 3509

Notice is hereby given that there will be introduced at the January, 1990 Session of the General Assembly of Georgia, a bill to provide for monthly compensation and reimbursement for actual expenses for the members of the Board of Education of Elbert County; to provide an effective date; and to repeal conflicting laws. This December 15, 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: December 19, 1989. /s/ Charles W. Yeargin Representative, 14th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 9, 1990.

Page 3510

HOUSTON COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; ELECTION; COMPENSATION; POWERS. No. 712 (House Bill No. 1073). AN ACT To amend an Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2962), so as to provide for the chairman of the board of commissioners to be elected from the county at large; to provide that the office of chairman of the board shall be a full-time position; to provide that the chairman of the board shall be the chief executive and administrative officer of the county; to change the provisions relating to the powers of the board of commissioners and the powers of the chairman of such board; to change the provisions relating to the compensation of the chairman and other members of the board; to provide for an expense account for the chairman; to provide for vacancies in the office of chairman of the board; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2962), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The members of the board of commissioners of Houston County shall receive a salary of $450.00 per month from the funds of Houston County; provided, however, that, on and after January 1, 1991, the chairman of the board of commissioners of Houston County shall receive an annual salary of not less than $48,000.00, the exact amount to be determined and approved by the board of commissioners and paid in equal monthly installments from the funds of Houston County. In addition, each time the board of commissioners grants an increase in salary paid from county funds to the county officers of Houston County whose offices are listed in Article IX, Section

Page 3511

I, Paragraph III of the Constitution, upon approval by the board of commissioners, the chairman's salary shall be increased by the same amount. (b) The chairman of the board of commissioners of Houston County shall have an expense account from which funds may be withdrawn to be used in carrying out the duties of such office which shall be in addition to any other compensation provided for said chairman. The expense account shall be approved by the board of commissioners annually and shall be a part of the county budget. The chairman shall publish annually a detailed statement accounting for the expenditures from such expense account. (c) A monthly contingent expense allowance for the members of the board of commissioners of Houston County, other than the chairman, shall be and the same is fixed in the sum of $200.00, which shall be in addition to any other compensation provided for said members other than the chairman. Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The commissioners elected as provided in this Act shall meet at the courthouse in Houston County on the first Tuesday in each month and shall meet at the county building in Warner Robins in said county on the third Tuesday in each month. Except as otherwise provided in subsection (b) of this section, on the first Tuesday in January of each year, said commissioners shall organize and choose one from their number as chairman, whose term of office shall be one year; and a chairman of said board shall be elected by said board on the first Tuesday in January of each year through December 31, 1990. The board of commissioners shall have full and complete right and power to fix the time or times for its regular meetings and may also call and set the times and places for any special meetings as said board of commissioners may within its discretion require. (b) Beginning with the general election in 1990 and continuing thereafter, Post 1 shall be designated the Chairman Post and the candidate elected to Post 1 from the county at

Page 3512

large shall be the chairman of the board of commissioners. Any person appointed or elected to fill a vacancy in Post 1 after January 1, 1991, pursuant to the provisions of Section 4 of this Act shall be the chairman of the board of commissioners for the remainder of the unexpired term of office. Any other member of the board may be appointed by the board to fill a vacancy in Post 1. Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The board of commissioners shall elect a clerk or secretary whose duty it shall be to keep in well-bound books complete records of all the proceedings of the board of commissioners and to do and perform all of the duties and services usual and incident to the position of clerk or secretary of such a board. Said clerk or secretary shall be elected to serve at the pleasure of the board, and he shall be paid a salary commensurate with the duties and requirements of his office, in an amount to be in the discretion of the board of commissioners and payable monthly. The board of commissioners shall elect any other clerical or secretarial help as it shall deem necessary. Such clerical or secretarial help shall be elected to serve at the pleasure of the board and shall be paid a salary commensurate with the duties and requirements of their employment, in an amount to be in the discretion of the board of commissioners and payable monthly. Section 4. Said Act is further amended by striking Section 7 in its entirety and inserting new Sections 7 and 7A to read as follows: Section 7. The board of commissioners of Houston County is authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. In addition, the board shall have the following powers and duties: (1) To cause the Code of Ordinances of Houston County to be updated at least annually;

Page 3513

(2) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to publish a report annually in a newspaper of general circulation located in the City of Perry and a newspaper of general circulation located in the City of Warner Robins; (3) To inspect roads, bridges, buildings, or other public works of the county; (4) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property; and (5) To undertake and transact such other business as is necessary for the orderly conduct of county affairs. Section 7A. (a) The office of chairman shall be a fulltime position and a person serving as chairman shall not perform any other job or occupation during such tenure as chairman. The chairman of the board shall: (1) Preside at all meetings of the board but shall not vote unless the board is equally divided, in which event the chairman shall vote and that vote shall be counted the same as the vote of any other member of the board; (2) Appoint members and chairmen of all committees of the board; (3) Be recognized as the official head of Houston County by state, federal, and other authorities for military and ceremonial functions; (4) Veto, approve, or fail to approve resolutions of the board as provided in subsection (b) of this section; (5) Be the chief executive officer of Houston County with authority and responsibility to implement the actions of the board and generally to supervise, direct, control, and provide for the administration of the affairs of Houston County'

Page 3514

(6) Appoint and remove all officers and employees of the county, subject to confirmation by the board and consistent with any personnel policies adopted by the board, except the county attorney, clerk or secretary, or other clerical help appointed pursuant to Section 6, and the outside auditor who shall be appointed and removed by the board of commissioners; (7) See that all laws and ordinances of the county are enforced; (8) Exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (9) Prepare and submit to the board of commissioners an annual budget; (10) Keep the board of commissioners fully advised as to the financial condition and needs of said county; (11) Supervise and direct the official conduct of all county officers and department heads appointed by the chairman; (12) Provide for the salaries or compensation of all county officers and employees, subject to confirmation by the board and consistent with any personnel policies adopted by the board; (13) Maintain offices in the City of Perry and the City of Warner Robins and spend sufficient time in each office to carry out the duties of such office of chairmanship in both areas of the county; and (14) Perform such other duties as may be required by the board. (b) Every official act of the board having the force and effect of law shall be by resolution of the board. Any such resolution adopted or approved by the board shall be submitted to the chairman thereof within two calendar days following its adoption or approval. The chairman shall approve or veto the

Page 3515

resolution within eight calendar days after adoption or approval, and no resolution shall become effective without the chairman's approval except as provided in this subsection. If the chairman vetoes a resolution, the chairman shall within two business days of such veto return it to the board accompanied by a written statement of the reasons for that veto. If the board shall pass the resolution by a vote of three of its members at the meeting next held after the resolution has been returned with the chairman's veto, it shall become law without the chairman's approval. In the event the chairman does not approve or veto the resolution within the time required, it shall become law without the chairman's approval. The chairman may veto any item or items of any resolution making appropriations; the part or parts of any resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the chairman's veto as provided in this subsection with respect to the passage of a vetoed resolution. (c) (1) The chairman of the board shall be the chief purchasing agent for the county, by whom all purchases or supplies and all contracts therefor shall be made. He shall sign checks and all vouchers for the payment of the same under such rules and regulations as the board may adopt, not inconsistent with this subsection. The board shall adopt rules for regulating purchases made by the county and the chairman shall be governed thereby. In no event shall the chairman 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. (2) The chairman of the board is further vested with the authority to sign all payroll checks for the employees of Houston County. (3) The chairman shall be directly responsible for the construction and maintenance of all roads and bridges under the jurisdiction of Houston County. He shall appoint a superintendent of roads and bridges whose primary duty shall be to supervise the construction and maintenance of all county roads and bridges. A complete written record shall be kept of the requisitions made by the chairman or

Page 3516

superintendent of roads and bridges for all supplies and equipment for the maintenance of the public works forces and the carrying out of the work under the supervision of said superintendent. Section 5. Section 2 of this Act shall become effective July 1, 1990, and the remaining provisions of this Act shall become effective January 1, 1991. 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 creating a Board of Commissioners of Houston County, approved August 15, 1922 (GA. L. 1922, p. 372); and for other purposes. This 13th day of February, 1989. Honorable Roy H. Watson, Jr. Representative, 114th Dist. Honorable Larry Walker Representative, 115th Dist. Honorable Ted Waddle Representative, 113th Dist. Honorable Ed Barker Senator, 18th District GEORGIA, HOUSTON COUNTY Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates:2/22/89

Page 3517

This 2 day of March, 1989 /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 2 day Of March, 1989. /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct. 3, 1992 (SEAL) Approved February 14, 1990. HOUSTON COUNTY ENHANCED 911 SERVICE DISTRICT ACT. No. 713 (House Bill No. 1140). AN ACT To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title; to provide for definitions; 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:

Page 3518

Section 1. Short title. This Act shall be known and may be cited as the Houston County Emergency Communications Service District Act. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) District means the corporate boundaries, including its municipalities, of Houston County, Georgia, providing an enhanced emergency telephone number 911 system. (2) Enhanced emergency telephone number 911 system means emergency 911 service that provides the telephone number and the location of the calling party to the public safety answering point. (3) Exchange access facilities means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, wide area telecommunications service (WATS), foreign exchange (FX), or incoming other lines. (4) Governing authority means the Board of Commissioners of Houston County. (5) 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. (6) Service supplier means any legal entity providing exchange telephone service to any service user in the district. (7) Service user means any legal entity who is provided exchange telephone service in the district.

Page 3519

(8) 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. Section 3. Establishment and funding of district. (a) The governing authority may establish by ordinance an enhanced emergency telephone number 911 system district and levy an emergency telephone service charge in an amount not to exceed the total operating budget of the emergency telephone number 911 system divided by the total number of exchange access facilities within the district. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possible in conformity with the availability of such service in any area of the district; and the funds generated by the service charge shall be utilized by the county solely to defray the actual cost of communication equipment and communication personnel hired primarily to operate and maintain 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) The governing authority may impose the emergency telephone service charge provided for in subsection (a) of this section in an amount not to exceed $1.50 per month per exchange access facility provided to the service user. (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 ordinance enacted by the governing authority. 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. The service supplier shall

Page 3520

provide the governing authority with the name and address of each user who has notified the service supplier in writing of such user's refusal to pay the emergency telephone service charge. The service supplier shall so notify the governing authority within 60 days of receipt of such notice by the user. 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; provided, however, that no such charge shall be levied or collected prior to 30 days following the date the enhanced emergency telephone number 911 system becomes fully operational. (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 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 to the district. 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 maintained by the governing authority. (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.

Page 3521

(4) The service supplier shall be entitled to retain as an administrative fee an amount equal to 3 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. (f) The emergency telephone service charge is not subject to state and local tax. (g) The service charge does not apply to exchange access facilities provided to federal, state, and local governments. 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 and law enforcement 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 to be known as the Houston County Emergency Communications Advisory Board shall be created and comprised of 15 members as follows: (1) A member of the Board of Commissioners of Houston County, Georgia, to be named to a three-year term by such board prior to July 1, 1990; provided, however, that the initial such term shall commence upon such member's appointment and terminate on December 31, 1992; (2) The mayor of the City of Warner Robins, Georgia, or a representative to serve on the board concurrently during his term of office as mayor of such city; (3) The mayor of the City of Perry, Georgia, or a representative to serve on the board concurrently during his term of office as mayor of such city;

Page 3522

(4) The mayor of the City of Centerville, Georgia, or a representative to serve on the board concurrently during his term of office as mayor of such city; (5) The Houston County Emergency Management Director; (6) The chief of the Warner Robins Fire Department or a representative, who shall be a full-time, permanent employee of the Warner Robins Fire Department, appointed by the chief of the Warner Robins Fire Department; (7) The chief of the Perry Fire Department or a representative, who shall be a full-time, permanent employee of the Perry Fire Department, appointed by the chief of the Perry Fire Department; (8) The chief of the Centerville Fire Department or a representative, who shall be a full-time, permanent employee of the Centerville Fire Department, appointed by the chief of the Centerville Fire Department; (9) The chief of the Warner Robins Police Department or a representative, who shall be a full-time, permanent employee of the Warner Robins Police Department, appointed by the chief of the Warner Robins Police Department; (10) The chief of the Perry Police Department or a representative, who shall be a full-time, permanent employee of the Perry Police Department, appointed by the chief of the Perry Police Department; (11) The chief of the Centerville Police Department or a representative, who shall be a full-time, permanent employee of the Centerville Police Department, appointed by the chief of the Centerville Police Department; (12) The sheriff of Houston County or a representative, who shall be a full-time, permanent employee of the Houston County Sheriff's Office, appointed by the sheriff of Houston County;

Page 3523

(13) The base commander of Robins Air Force Base in Houston County, Georgia, or a representative appointed by the base commander; (14) A private citizen who resides north of Georgia Highway 96 in Houston County and who is elected to a two-year term by the Houston County Emergency Communications Advisory Board. The initial member shall be elected prior to July 1, 1990, and successors shall be elected at the last regularly scheduled meeting immediately preceding the expiration of the member's term of office; and (15) A private citizen who resides south of Georgia Highway 96 in Houston County and who is elected to a two-year term by the Houston County Emergency Communications Advisory Board. The initial member shall be elected prior to July 1, 1990, and successors shall be elected at the last regularly scheduled meeting immediately preceding the expiration of the member's term of office. (b) The advisory board shall assist the governing authority in: (1) Reviewing and analyzing the progress by public safety agencies in developing enhanced 911 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of an enhanced 911 system; (3) Identifying mutual aid agreements necessary to effect the enhanced 911 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the governing authority.

Page 3524

Section 6. 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 7. 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 8. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; and for other purposes. This 14th day of December, 1989. Honorable Roy H. Watson, Jr. Representative, 114th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy H. Watson, Jr., who, on oath, deposes and says that he is Representative from the 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: December 20, 1989. /s/ Roy H. Watson, Jr. Representative, 114th District

Page 3525

Sworn to and subscribed before me, this 8th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 14, 1990. CHATHAM COUNTY CLERK OF PROBATE COURT; COMPENSATION. No. 716 (House Bill No. 1238). 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 the clerk of probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act 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

Page 3526

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..... 33,000.00 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 (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..... 33,000.00 per annum Judge of the recorder's court..... 59,500.00 per annum Judge of the probate court..... 50,000.00 per annum

Page 3527

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 orth in paragraph (1) of this subsection effective January 1, 1990. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, G. M. Bucky Johnson, to me known, who being sworn, deposes and says:

Page 3528

That he is the Advertising Director 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 9, 1989, Dec 16, 1989, and finds that the following Advertisment, towit: NOTICE IS HEREBY GIVEN that there will be introduced during the 1990 session of the Georgia General Assembly, a Bill affecting the compensation of the Office of Clerk of the Probate Court of Chatham County. This 6th day of December, 1989. ROY L. ALLEN, II State Representative District 127 appeared in each of said editions. /s/ G. M. Johnson (Deponent)

Page 3529

Sworn to and subscribed before me this 19 day of December, 1989. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires April 18, 1993 (SEAL) Approved February 16, 1990. LOWNDES COUNTY BOARD OF EDUCATION; MEMBERS; ACT REPEALED. No. 717 (House Bill No. 1727). AN ACT To repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved March 1, 1989 (Ga. L. 1989, p. 3578); and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved March 1, 1989 (Ga.L. 1989, p. 3578); is 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 given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to repeal an Act providing for the number of members and for the election of

Page 3530

members of the Board of Education of Lowndes County, approved March 1, 1989 (Ga. L. 1989, p. 3578; and for other purposes. This 29th day of January, 1990. L. Warren Turner, Jr. 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: February 2, 1990. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 16, 1990. CITY OF WRIGHTSVILLE CORPORATE LIMITS. No. 723 (House Bill No. 1773). AN ACT To amend an Act providing a new charter for the City of Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved March 30, 1971 (Ga. L.

Page 3531

1971, p. 2707), 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 Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2707), is amended by adding after Section 2-B thereof a new Section to read as follows: Section 2-C. In addition to any territory included within the corporate limits of the City of Wrightsville, those corporate limits shall also include the following described territory: All that tract or parcel of land lying and being in the 1201st GMD of Johnson County, Georgia, containing 213.06 acres more or less, and being more particularly described as follows: Beginning at the intersection of the present corporate limits of the City of Wrightsville and the northerly Right of Way of Pringle Road (County Road #93) (80/W); thence N 42 47 28 E a distance of 475.57 along the northerly Right of Way of Pringle Road to a point at the intersection of the northerly Right of Way of Pringle Road and the westerly Right of Way of Donovan Road (County Road #97) (100 R/W); thence N 24 25 10 W a distance of 684.75 along the westerly Right of Way of Donovan Road to a point; thence along the said Right of Way of Donovan Road along a curve having a chord bearing of N 11 42 28 W, a chord distance of 451.03 and an arc distance of 454.75 to a point; thence N 0 59 01 E a distance of 951.70 along the said Right of Way of Donovan Road to a point; thence along the said Right of Way of Donovan Road along a curve having a chord bearing of N 08 30 06 E, a chord distance of 1280.87 and an arc distance of 1283.50 to a point; thence N 14 52 54 E a distance of 1876.00 along the said Right of Way of Donovan Road to a point; thence N 61 45 47 E a distance of 135.68 to a concrete monument on the easterly Right of Way of

Page 3532

Donovan Road; thence N 60 58 52 E a distance of 570.50 to a concrete monument; thence S 28 10 11 E a distance of 83.53 to a concrete monument; thence N 59 26 43 E a distance of 83.26 to a concrete monument; thence S 74 15 47 E a distance of 2491.59 to a concrete monument; thence S 14 51 51 W a distance of 2663.23 to a concrete monument on the northerly Right of Way of Pringle Road; thence S 84 10 15 W a distance of 91.80 along the said Right of Way of Pringle Road to a concrete monument; thence along the said Right of Way of Pringle Road along a curve having a chord bearing of S 75 35 05 W with a chord distance of 439.61 and an arc distance of 441.26 to a concrete monument; thence N 75 25 51 W a distance of 2516.95 to a concrete monument on the easterly Right of Way of Donovan Road; thence along the easterly Right of Way of Donovan Road along a curve having a chord bearing of S 05 28 26 W, a chord distance of 660.72 and an arc distance of 661.09 to a point; thence S 0 58 57 W a distance of 950.07 along the said Right of Way of Donovan Road to a point; thence along the said Right of Way of Donovan Road along a curve having a chord bearing of S 11 43 07 E, a chord distance of 406.84 and an arc distance of 410.19 to a point; thence S 24 25 10 E a distance of 729.66 along the said Right of Way of Donovan Road to a point on the southerly Right of Way of Pringle Road; thence S 42 47 28 W a distance of 596.74 along the southerly Right of Way of Pringle Road to a point on the present corporate limits of the City of Wrightsville; thence along the present corporate limits of the City of Wrightsville along an arc having a radius of 3960.00 with a chord bearing of N 16 55 43 W, a chord distance of 92.64 and an arc distance of 92.64 to the POINT OF BEGINNING. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Page 3533

Notice is given that there will be introduced in the regular 1990 session of the General Assembly of Georgia a bill to amend an act providing a new charter for the City of Wrightsville, approved August 18th, 1923 (Georgia Law 1923, page 840) as amended, particularly by an act approved March 30, 1971, (Georgia Law 1971, page 2707), so as to change the corporative limits of the City; to repeal conflicting laws; for other purposes. This 23rd day of January, Rep. Jimmy Lord Representative 107th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following date: January 25, 1990. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 23, 1990.

Page 3534

CITY OF WARNER ROBINSCORPORATE LIMITS; MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS; MEETINGS. No. 724 (House Bill No. 1559). AN ACT To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to provide for the inclusion of certain property within the corporate limits of said city; to provide for the deannexation of certain property from the corporate limits of said city; to change the provisions relating to the election of the mayor and members of the council; to change the provisions relating to terms of office; to change the provisions relating to organizational meetings; to change the provisions relating to the date of the regular city election; to provide for elections to be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code; 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 Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by adding at the end of subsection (a) of Section 1-105 two new paragraphs to read as follows: Also included within the corporate limits of said city is the following described tract of land, to wit: All that tract or parcel of land lying and being in Land Lots 139, 140, 147, and 148 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows: Beginning at a point on the southerly right of way of Watson Boulevard (SR 247 Connector) 350 feet westerly of the easterly line of Land Lot 147; thence in a westerly direction along the southerly right of way of said Watson

Page 3535

Boulevard to a point where the southerly right of way of said Watson Boulevard intersects with the westerly right of way of Carl Vinson Parkway; thence in a northerly direction along the extension of the westerly right of way of said Carl Vinson Parkway to a point where westerly right of way of said Carl Vinson Parkway intersects with the northerly right of way of Watson Boulevard; thence in an easterly direction along the northerly right of way of said Watson Boulevard to a point 350 feet westerly of the easterly line of Land Lot 148; thence in a southerly direction along a line parallel to the easterly lines of Land Lots 148 and 147 to a point, being the point of beginning. The following described property shall be deannexed from and shall not be included within the corporate limits of the City of Warner Robins, to wit: All that tract or parcel of land lying and being in Land Lots 95 and 96 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows: BEGINNING at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the common line between Land Lots 95 and 114; thence in a westerly direction along the northerly boundary of said Watson Boulevard to a point 50 feet westerly and parallel to the common line between said Land Lots 95 and 114; thence in a northerly direction along a line 50 feet westerly and parallel to the common lines between Land Lot 95, 96, 113 and 114 to a point on the southerly boundary of West Church Street; thence in an easterly direction along the southerly boundary of West Church Street to a point on the common line between Land Lots 96 and 113; thence in a southerly direction along a common line between Land Lot 95, 96, 113 and 114 to a point on the northerly boundary of said Watson Boulevard, said point being the point of beginning. Section 2. Said Act is further amended by striking Section 2-101 in its entirety and inserting in lieu thereof a new Section 2-101 to read as follows:

Page 3536

Section 2-101. The legislative authority of the government of the City of Warner Robins, except as otherwise specifically provided in this charter, shall be vested in the mayor and six city council members. The mayor and council members shall be elected in the manner provided by this charter. Section 3. Said Act is further amended by striking Section 2-401 in its entirety and inserting in lieu thereof a new Section 2-401 to read as follows: Section 2-401. Organizational meeting. (a) The mayor and council members shall be sworn in upon the date they assume their offices. The mayor and council shall meet for organization on the first Monday in December following each regular municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday; provided, however, that, subsequent to the members' being elected to the council at the general municipal election in 1995, the mayor and council members shall meet for organization on the first regular business day in January, 1996, and on such date biennially thereafter following such general municipal elections. (b) The newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a judge of the Superior Court of Houston County: `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 such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Warner Robins and the common interest thereof. I do further solemnly swear or affirm that I am otherwise qualified to hold said office according to the Constitutions of the United States of America and the State of Georgia and the Charter of the City of Warner Robins, and I will support the Constitutions of the United States of America and the State of Georgia.' (c) At the organizational meeting provided for in subsection (a) of this section, the newly reorganized mayor and council shall make all appointments and selections as may be required by this charter or by ordinance.

Page 3537

(d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council. Section 4. Said Act is further amended by striking Section 3-101 in its entirety and inserting in lieu thereof a new Section 3-101 to read as follows: Section 3-101. Application of general laws. All municipal general or special elections and primaries 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. Said Act is further amended by striking Section 3-102 in its entirety and inserting in lieu thereof a new Section 3-102 to read as follows: Section 3-102. Regular elections, time for holding; specifying post. (a) The mayor and council members serving on the effective date of this section shall continue to serve out the terms of office to which they were elected. (b) (1) An election for council member Posts 2, 4, and 6 shall be held on the Tuesday after the first Monday in October, 1990, and the members elected to Posts 2, 4, and 6 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday for terms of office which expire December 31, 1995. Successors to said council members elected to Posts 2, 4, and 6 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1995 and on such day quadrennially thereafter, and such successors shall take office on the first day of January following their election for terms of office of four years. (2) An election for mayor and council member Posts 1, 3, and 5 shall be held on the Tuesday after the first Monday in October, 1992, and the mayor and members elected to Posts 1, 3, and 5 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a

Page 3538

legal holiday, for terms of office which expire December 31, 1997. Successors to said council members elected to Posts 1, 3, and 5 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1997 and on such day quadrennially thereafter, and such successors shall take office on the first day of January following their election for terms of office of four years. (c) There shall be established for municipal general elections six posts numbered 1, 2, 3, 4, 5, and 6. Every person who offers for nomination or election as a council member shall designate and qualify with the proper authority for a specific post by designating the post of his or her choice to seek nomination or election to such post and none other. All election authorities, when conducting general elections for nomination or election as council members, shall conduct such election so that candidates will qualify and run for specific posts as though such post were each separate from the others and as separate contests. (d) The mayor and council members must each receive a majority of the votes cast in order to be elected to the office or post for which they are candidates. In the event that no candidate receives a majority of the votes cast in a particular race, the two candidates receiving the highest number of votes shall participate in a run-off election which shall be held 14 days after the date of the general election. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, P. 3081); and for other purposes. Honorable Ted W. Waddle Representative, 113th District

Page 3539

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle, who, on oath, deposes and says that he is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 17, 1990. /s/ Ted W. Waddle Representative, 113th District Sworn to and subscribed before me, this 26th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 23, 1990. COBB COUNTY JUVENILE COURT; ADDITIONAL JUDGE; COMPENSATION; DUTIES. No. 726 (House Bill No. 1489). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4839), so as to authorize the appointment of a second judge; to provide for the compensation of the second judge; to provide for the designation of a presiding judge; to provide for additional compensation of the presiding judge; to provide for the duties and authority of the presiding judge;

Page 3540

to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4839), is amended by adding new Section 1A, 1B, and 1C immediately following Section 1 to read as follows: Section 1A. The chief judge of the superior courts of the Cobb Judicial Circuit is further authorized to appoint a second judge of the Juvenile Court of Cobb County as provided by law. Said judge shall be compensated as provided by Section 1 of this Act and shall devote his full time to the duties of his office and shall not engage in the private practice of law. Section 1B. Upon appointment of a second judge, the chief judge of the superior courts of the Cobb Judicial Circuit shall designate the senior judge in point of service of the Juvenile Court of Cobb County as presiding judge. In the event of any disagreement between said judges in any respect hereof, the decision of the presiding judge shall be controlling. In all matters relating to the matter of fixing, arranging for and disposing of the business of the court and court services, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the presiding judge as defined in this Act shall control. The presiding judge shall appoint the Director of Juvenile Court Services as provided by law. In addition to the compensation provided for in Section 1 of this Act, the presiding judge shall receive additional compensation of $1,500.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Section 1C. In the event a judge or judges of the juvenile court of the Cobb Judicial Circuit are appointed in place of the judge or judges of the Juvenile Court of Cobb County, all provisions in this Act shall apply to the judge or judges appointed to the juvenile court of the Cobb Judicial Circuit; provided, however,

Page 3541

that any service as a judge of the Juvenile Court of Cobb County shall be included in determining the judge senior in service of the juvenile court of the Cobb Judicial Circuit for the purposes of appointing a presiding judge. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia, a bill to amend an Act fixing the compensation of the Judge of Juvenile Court of Cobb County, Georgia, approved July 17, 1969 (Ga. L. 1969, p. 360), as amended; and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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

Page 3542

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: December 29, 1989. /s/ Earl Ehrhart Representative, 20th District Sworn to and subscribed before me, this 23rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 27, 1990. PERRY AREA CONVENTION AND VISITORS BUREAU AUTHORITY CREATION. No. 727 (House Bill No. 1439). AN ACT To create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia; 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 rules and regulations; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal [Illegible Text].

Page 3543

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Perry Area Convention and Visitors Bureau Authority Act. Section 2. (a) The Perry Area Convention and Visitors Bureau Authority shall consist of 12 members, nine of which shall be regular members and three of which shall be ex officio members. All 12 members of the authority shall be at least 18 years of age and residents of the City of Perry or owners or employees of businesses within the city. At least four of the nine regular members shall be either an owner, operator, or manager of a hotel, motel, or restaurant in the city. The Board of Directors of the Perry Area Chamber of Commerce shall recommend five of the regular members, three of which shall be either an owner, operator, or manager of a hotel, motel, or restaurant and two of which shall not be an owner, operator, or manager of a hotel, motel, or restaurant. The mayor and each city councilperson will appoint one regular member of the authority and there will always be one regular authority member representing the mayor and each of the six council posts. The members of the authority who represent a city councilperson or the mayor shall serve for the time served by the councilperson or mayor who appointed them, with a new appointment to be made when there is a new mayor or city councilperson elected, or at the beginning of a new term of a mayor or city councilperson. In addition, the mayor and city council shall make a joint appointment of two regular members for a one-year term, both of which shall not be an owner, operator, or manager of a hotel, motel, or restaurant. Said joint appointees shall initially serve from the time of their appointment until January 1, 1991. Thereafter, said joint appointees shall each serve for a two-year term. Appointments of the members representing a city councilperson or the mayor shall be made within 30 days of the date the councilperson or mayor takes office and the joint appointments of the mayor and city council shall be made within 30 days of the first meeting of the mayor and city council in January of each year. (b) The councilpersons serving in Council District 1, Post 1, Council District 2, Post 2, and Council District 3, Post 2 will each appoint a member of the authority who shall not be an owner, operator, or manager of a hotel, motel, or restaurant. The councilpersons serving in Council District 1, Post 2, Council District 2, Post

Page 3544

1, and Council District 3, Post 1 shall each appoint a regular member of the commission who is an owner, operator, or manager of a hotel, motel, or restaurant and said appointments shall be made after receiving recommendations of the Board of Directors of the Perry Area Chamber of Commerce. The mayor will appoint a regular member who is an owner, operator, or manager of a hotel, motel, or restaurant. The joint appointments of the mayor and city council shall not be an owner, operator, or manager of a hotel, motel, or restaurant and said appointments shall be made after receiving recommendations of the Board of Directors of the Perry Area Chamber of Commerce. (c) In choosing the regular members to represent Council District 1, Post 2, Council District 2, Post 1, and Council District 3, Post 1 and the regular members appointed jointly by the mayor and council, the mayor and council shall not be bound by the recommendations from the Perry Area Chamber of commerce. (d) In addition to the nine regular members, there shall be three ex officio members of the authority. These members shall be the executive director of the Perry Area Convention and Visitors Bureau, the city manager for the City of Perry and the executive director of the Perry Area Chamber of Commerce. Ex officio members shall not be entitled to vote, but otherwise shall have all powers and responsibilities of a regular authority member. (e) Any member can be removed by two-thirds' vote of the mayor and entire council, with the mayor having the right to vote on the question of removal. (f) All the members of the authority shall serve without compensation; provided, however, the city council may reimburse authority members for reasonable expenses incurred in connection with their service as authority members. Section 3. The authority shall elect a chairman, vice chairman, and secretary-treasurer from its membership. Officers shall be elected on a calendar year basis but may be reelected for succeeding terms. The chairman shall be entitled to vote on all issues. Section 4. The authority shall have the power to employ [Illegible Text] as may be necessary in the operation of the

Page 3545

authority's activities, to whom in turn shall be delegated the authority and responsibility necessary to properly administer the business of the authority and its agencies created in this Act or at a later date, within policies set by the authority and subject to its review. The executive director shall have full charge of the offices and also all of the employees, and the executive director shall have authority to recommend to the authority the hiring and termination of the employees. The authority shall have the authority to establish salaries and compensation for said executive director and all of the employees. Section 5. (a) The authority shall meet at such times as may be necessary to transact the business coming before it. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept; and within ten days of every meeting, a copy of the minutes shall be furnished to the mayor and council. Meetings shall be conducted in accordance with Robert's Rules of Order . (b) At least five regular members of the authority shall constitute a quorum for the transaction of any business, including election of officers. The majority of the votes cast shall determine all questions and elections. Section 6. (a) The duties of the authority shall be to: (1) Promote tourism, trade, and conventions for the City of Perry; (2) Study, investigate, and develop plans for improving tourism in the City of Perry and the area and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city council and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the city.

Page 3546

(b) Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city. Section 7. (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 gift, grant, lease, or otherwise; to insure the same against any and all risk 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 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. Title to any such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) 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 may deem to be in their best interest;

Page 3547

(5) 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; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, 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 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; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; (11) 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;

Page 3548

(12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) 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. (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 8 . 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 City of Perry, 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 and obligations of the authority, and all transfers of such property 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 and operated, or both, by the authority. Section 9 . Neither the members of the authority nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution. Section 10 . The authority shall submit an annual budget request to the mayor and council of the City of Perry which, upon approval by the council, may in the discretion of the council be funded from the revenue received by the city from the hotel-motel tax, provided the authority complies with any provisions relative to the expenditure of said revenue contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now or hereafter in effect and any other criteria deemed proper by the mayor and council.

Page 3549

Section 11 . The mayor and council of the City of Perry shall be authorized, by and through a committee of their own number, or by any person they may select, to inspect at their pleasure, the state and condition of the authority and the property thereto belonging, and also all books and accounts pertaining to the affairs of the authority, and the authority shall give and furnish them any reasonable facility and assistance in making such inspections. Section 12 . The Perry Area Convention and Visitors Bureau shall not have the power or authority to bind the City of Perry by any contract, agreement, financial obligation, or indebtedness or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia; to provide for creation and organization; to provide for 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 rules and regulations; and 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. This 5th day of January, 1990.

Page 3550

/s/ Larry Walker Representative, 115th 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, Local Legislation: Perry Area Convention and Business Bureau Authority was published in The Houston Home Journal on the following dates: 1/6/90. This 6 day of January, 1990. /s/ Jim Kerce Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 6 day of January, 1990. /s/ Jean Breaux Notary Public, Houston County, Ga. My Commission Expires Oct. 3, 1992 (SEAL) Approved February 27, 1990. CITY OF CENTERVILLE CORPORATE LIMITS. No. 729 (House Bill No. 1666). AN ACT To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702) and an Act approved March 9, 1988 (Ga. L. 1988, p. 3638), so as to

Page 3551

change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702) and an Act approved March 9, 1988 (Ga. L. 1988, p. 3638), is amended by adding at the end of paragraph (2) four new paragraphs to read as follows: Also included within the corporate limits of said city is the following described property, to wit: All that tract or parcel of land lying and being in Land Lots 95 and 96 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows: BEGINNING at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the common line between Land Lots 95 and 114; thence in a westerly direction along the northerly boundary of said Watson Boulevard to a point 50 feet westerly and parallel to the common line between said Land Lots 95 and 114; thence in a northerly direction along a line 50 feet westerly and parallel to the common lines between Land Lot 95, 96, 113 and 114 to a point on the southerly boundary of West Church Street; thence in an easterly direction along the southerly boundary of West Church Street to a point on the common line between Land Lots 96 and 113; thence in a southerly direction along a common line between Land Lot 95, 96, 113 and 114 to a point on the northerly boundary of said Watson Boulevard, said point being the point of beginning. Also included within the corporate limits of said city is all of the 35.956 acres of property located in Land Lot 138 in Houston County, Georgia, designated as Parcel `B' on a plat of survey prepared by Scarborough land Surveys recorded in Plat

Page 3552

Book 37 at Page 34 of the records of the clerk of the superior court, Houston County, Georgia. Also included within the corporate limits of said city is the following described property, to wit: All that tract or parcel of land situated, lying and being in Land Lots 122, 123, and 138 of the Fifth (5th) Land District of Houston Co., Ga., being known and designated as Parcel `A' containing 38.125 acres according to a plat of survey prepared by Terry M. Scarborough on January 31, 1990, of record in Plat Book 35 Page 78, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein for all purposes. Also included within the corporate limits of said city is the following described property, to wit: All that tract or parcel of land situated, lying and being in Land Lot 138 of the Fifth (5th) Land District of Houston Co., Ga., being more particularly described as follows: To reach the Point of Beginning, begin at the corner common to Land Lots 122, 123, 138, and 139, Fifth (5th) Land District, Houston Co., Ga. and proceed S892717E for 125.22 to an iron pin; thence N014938E for 157.50 to an iron pin at the Point of Beginning. From said Point of Beginning, proceed N014938E for 60.00 to an iron pin; thence S881022E for 335.00 to an iron pin on the westerly right-of-way of Carl Vinson Parkway; thence S014938W for 60.00 to an iron pin on the westerly right-of-way of Carl Vinson Parkway; thence N881022W for 335.00 to the Point of beginning. Said parcel described above contains 0.461 acres and is bounded on the north, south, and west by the lands of The Fred W. Carter Trust, and on the east by Carl Vinson Parkway. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 3553

Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, P. 3323), as amended, and for other purposes. This 8th day of January, 1990. Honorable Ted. W. Waddle Representative, 113th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle, who, on oath, deposes and says that he is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: January 17, 1990. /s/ Ted W. Waddle Representative, 113th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 27, 1990.

Page 3554

WALKER COUNTYSTATE COURT; JUDGE; SOLICITOR; SALARY. No. 730 (House Bill No. 1809). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), so as to change the provisions relating to the compensation of the judge and the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), 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 judge of said state court shall receive a salary of $30,000.00 per annum and an expense allowance of $7,500.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Walker County. The judge shall receive no other compensation but may practice law in any court except the State Court of Walker County. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The solicitor of the State Court of Walker County shall receive a salary of $30,000.00 per annum and an expense allowance of $7,500.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Walker County. The solicitor shall receive no other compensation but may practice law in any court except the State Court of Walker County.

Page 3555

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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended; and for other purposes. This 31st day of January, 1990. Honorable Michael Snow Representative, 1st District 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 2, 1990. /s/ Michael M. Snow Representative, 1st District

Page 3556

Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 27, 1990. CATOOSA COUNTY CORONER; STAFF; SALARY. No. 731 (House Bill No. 1857). AN ACT To amend an Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. L. 1967, p. 2222), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5109), so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County; to provide for limitations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. L. 1967, p. 2222), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5109), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The coroner shall receive an annual salary to be set by the commissioner of Catoosa County, within budgetary limitations, payable in equal monthly installments from the funds of Catoosa County. The commissioner shall publish notice of any change in compensation of the coroner at

Page 3557

least once in the legal organ of Catoosa County prior to such change taking effect. The compensation of the coroner shall not be decreased during a coroner's term of office and shall not in any event be set at less than $2,400.00 per annum. (b) The compensation of any deputy coroner or any other staff of the coroner of Catoosa County shall, within budgetary limitations, be set by the commissioner of Catoosa County and be payable in equal monthly installments. Any change in compensation shall be published at least once in the legal organ of Catoosa County, prior to such change taking effect, and no person's compensation shall be decreased during a period of continuous employment. Section 2. All laws and parts of laws in conflict with this Act are repealed. PROOF OF PUBLICATION STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of THE CATOOSA COUNTY NEWS, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in THE CATOOSA COUNTY NEWS 1 times, on the issues dated, to-wit: January 24, 1990. /s/ Jim Caldwell NOTICE OF INTENT TO INTRODUCE LEGISLATION The Coroner of Catoosa County intends to introduce Legislation to increase the budget for that office and for other purposes. Teresa Headrick, Coroner

Page 3558

Sworn to and subscribed before me, this the 24th day of Jan, 1990 /s/ Charlcie M. Seabolt (SEAL) Approved February 28, 1990. FULTON COUNTY STATE COURT; CLERK; MARSHALL; COSTS; FEES. No. 732 (House Bill No. 1582). 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 21, 1989 (Ga. L. 1989, p. 3894), 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 21, 1989 (Ga. L. 1989, p. 3894), is amended by striking subsections (a), (b), and (c) of Section 49 in their entirety and substituting 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,

Page 3559

shall be $41.00 plus $5.00 for each defendant more than one, (b) The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $51.00 plus $5.00 for each summons more than one. This fee shall be inclusive of the service of garnishment fee provided by law. (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 $41.00 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 1990 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. 1976, p. 3023), creating a State Court of Fulton County, and for other purposes. This 16th day of January, 1990. ROBERT E. COCHRAN, II Chief Clerk Court Administrator State Court of Fulton County Georgia, Fulton County.

Page 3560

Personally appeared before me, the undersigned authority duly authorized to administer oaths, John M. Lupton, who, on oath, deposes and says that he is the Representative from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 16, 1990. /s/ John M. Lupton Representative, 25th District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993. (SEAL) Approved February 28, 1990. ATHENS-CLARKE COUNTY UNIFIED GOVERNMENT; OFFICERS; EMPLOYEES; POWERS; DUTIES; REFERENDUM. No. 735 (House Bill No. 1904). AN ACT To provide for the unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.

Page 3561

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: The following provisions, exclusive of the Table of Contents which is included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the unified government of Athens-Clarke County, Georgia. TABLE OF CONTENTS ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT Section 1-101. Unification of County and City; Creation of Unified Government; Name. Section 1-102. Boundaries. Section 1-103. Status of Unified Government as Municipal Corporation and County. Section 1-104. Powers of the Unified Government. Section 1-105. Taxing Districts. Section 1-106. Construction. ARTICLE II LEGISLATIVE ARTICLE Chapter 1 The Commission Section 2-101. Name and Composition. Section 2-102. Term of Office; Qualifications; Disqualifications. Section 2-103. Salary and Expenses of the Commission.

Page 3562

Section 2-104. Organization; Oath; Rules; Quorum; Meetings; Records; CEO Pro Tempore. Section 2-105. Powers of the Commission. Section 2-106. Filling of Vacancies. Chapter 2 Legislative Procedure Section 2-201. Legislation by Ordinance. Section 2-202. Introduction, Consideration, and Passage of Ordinances and Resolutions. Section 2-203. Emergency Ordinances. Section 2-204. Submission of Ordinances to CEO; Veto. Section 2-205. Authentication; Recording; Effective Date. Section 2-206. Codes of Technical Regulations. Section 2-207. Codification and Printing of Ordinances. Section 2-208. Prima-Facie Evidence. Chapter 3 Ethics and Prohibited Practices Section 2-301. Conflict of Interest. Section 2-302. Disclosure. Section 2-303. Testimony of Public Officials Relating to Public Affairs. Section 2-304. Contracts Voidable and Rescindable. Section 2-305. Hearings and Determinations; Penalties for Violation. ARTICLE III CHIEF ELECTED OFFICER

Page 3563

Section 3-101. Election; Term. Section 3-102. Qualifications of Office. Section 3-103. Compensation. Section 3-104. Powers and Duties. Section 3-105. Voting. Section 3-106. Vacancy in Office of Chief Elected Officer. ARTICLE IV ADMINISTRATION Chapter 1 Officers Section 4-101. Manager; Appointment; Qualifications; Compensation. Section 4-102. Manager; Powers and Duties. Section 4-103. Attorney; Appointment; Term; Qualifications; Duties; Compensation. Section 4-104. Auditor; Appointment; Term; Duties; Qualifications; Compensation. Section 4-105. Sheriff. Section 4-106. Judge of the Probate Court. Section 4-107. Clerk of Superior Court. Section 4-108. Tax Commissioner. Section 4-109. Coroner. Chapter 2 Administrative and Service Departments Section 4-201. Creation and Functions; Generally.

Page 3564

Section 4-202. Administrative Reorganization. Section 4-203. Appointment of Directors of Departments. Section 4-204. Departments under State Law. Chapter 3 Merit System of Personnel Administration Section 4-301. Establishment of Merit System. Chapter 4 Boards, Commissions, and Authorities Section 4-401. Certain Boards, Commissions, and Authorities Continued. ARTICLE V JUDICIARY Section 5-101. Superior Court and District Attorney; Unaffected by Charter; Redesignation. Section 5-102. State Court and Solicitor; Unaffected by Charter; Redesignation. Section 5-103. Juvenile Court; Unaffected by Charter; Redesignation. Section 5-104. Probate Court; Unaffected by Charter; Redesignation. Section 5-105. Magistrate Court; Unaffected by Charter; Redesignation. Section 5-106. Municipal Court of the City of Athens; Continuation of Operations in the Court of the Unified Government. ARTICLE VI ELECTIONS Chapter 1 Conduct of Elections

Page 3565

Section 6-101. Applicability of General Laws. Section 6-102. Regular Election, Time for Holding; Voting. Section 6-103. Special Elections. Chapter 2 Election Districts; Reapportionment Section 6-201. Number of Districts; Boundaries. Section 6-202. Reapportionment of Election Districts. ARTICLE VII REVENUE AND FINANCE Chapter 1 Taxation and Other Revenues Section 7-101. Levy and Collection of Taxes, Fees, Charges, and Assessments; Appropriations. Section 7-102. Collection of Delinquent Taxes and Fees. Section 7-103. Homestead Exemptions. Section 7-104. Tax and Services Districts; Taxation Therein. Chapter 2 Borrowing and Indebtedness Section 7-201. Issuance of General Obligation Bonds. Section 7-202. Debt Limitation; General Obligation Bonds. Section 7-203. Revenue Bonds. Section 7-204. Use of Bond Proceeds. Section 7-205. Allocation of Indebtedness. Chapter 3 Financing of Services Section 7-301. General and Urban Services Areas.

Page 3566

Section 7-302. Creation of Services Areas by Ordinance. Section 7-303. Requirements for Defining Boundaries. Section 7-304. Notice of Hearing Prior to Adoption of Ordinance. Chapter 4 Financial Administration Section 7-401. Fiscal Year. Section 7-402. Preparation of Budgets. Section 7-403. Scope of Budgets. Section 7-404. Submission of Budgets to the Commission. Section 7-405. Adoption of Budgets. Section 7-406. Property Tax Levies. Section 7-407. Limitation of Funds. Section 7-408. Transfer of Funds. Section 7-409. Lapse of Appropriations. Section 7-410. Continuing Audit. Section 7-411. Postaudit. Chapter 5 Procurement and Disposition of Property Section 7-501. Contracting Procedures. Section 7-502. Sale and Disposition of Property. ARTICLE VIII GENERAL PROVISIONS Section 8-101. Application of Laws; Laws in Force.

Page 3567

Section 8-102. Limitation on Claims and Service. Section 8-103. Tort and Nuisance Liability. Section 8-104. Conflict of Laws. Section 8-105. Competitive Bidding. Section 8-106. Execution of Assessments. Section 8-107. Authority to Deal with Federal and State Agencies. Section 8-108. Federal and State Aid. Section 8-109. Budgets of County Officers and Agencies. Section 8-110. Existing Pension Rights Protected. Section 8-111. Establishment of New Pension Systems; Merging of Existing Systems. Section 8-112. Amending Charter. Section 8-113. Fidelity Bonds. Section 8-114. Examples of Powers. Section 8-115. Provision of Services. Section 8-116. The Overview Commission. Section 8-117. Historic Items. Section 8-118. Section Captions. Section 8-119. Effect of Repeals. Section 8-120. Severability Clause. Section 8-121. Repeal of Conflicting Laws. ARTICLE IX

Page 3568

TRANSITION PROVISIONS Section 9-101. Special Election of First Officials. Section 9-102. Initial Terms of Office. Section 9-103. Provision of Services During Transition. Section 9-104. Protection and Compensation of Existing Employees. Section 9-105. Effective Date of Charter. Section 9-106. Initial Budget. Section 9-107. Number of Employees. Section 9-108. Cooperation of Former Governments. Section 9-109. Existing Ordinances and Resolutions Continued in Effect. Section 9-110. Contracts and Obligations. Section 9-111. Dissolution of Existing Governments. Section 9-112. Transfer of Records and Equipment. Section 9-113. Officers Serve Until Successors Qualify. Section 9-114. Changes Required by the U.S. Department of Justice After Adjournment of the 1990 Session of the General Assembly. Section 9-115. Referendum on the Charter. Appendix A Appendix B

Page 3569

ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT Section 1-101. Unification of County and City; Creation of Unified Government; Name. (a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Athens, a municipal corporation created by an Act of the General Assembly of Georgia, approved April 11, 1979 (Ga. L. 1979, p. 3770), as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Clarke County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Clarke County, which single government shall supersede and replace the governments of the City of Athens and Clarke County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as the Unified Government of Athens-Clarke County, Georgia, (herein at times called the Unified Government,) having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Athens and Clarke County, and also the powers, duties, and functions provided in this charter. Such unified government shall not include the municipal corporation of Winterville, Georgia, which shall retain its charter and maintain the same legal relationship with the unified government as it had with Clarke County prior to the effective date of this charter, except as otherwise provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Athens or Clarke County; and by the name of Athens-Clarke County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Clarke County, Georgia, and the municipal corporation known as the City of Athens, Georgia, shall be unified into the said new political entity herein created.

Page 3570

(b) The unified government shall encourage the meaningful involvement in its operations of all citizens of Athens-Clarke County, particularly those who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. No individual shall be denied any opportunity on the basis of race, gender, religion, age, handicap, or national origin. (c) The unification of the governments of the City of Athens and Clarke County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended. Section 1-102. Boundaries. The unified government shall embrace the total area included within the existing territorial limits of Clarke County as such limits are fixed and established on the effective date of this charter. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties. Section 1-103. Status of Unified Government as Municipal Corporation and County. The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Clarke County, except for those areas within the boundaries of the Cities of Winterville and Bogart. Section 1-104. Powers of the Unified Government. (a) The Unified Government of Athens-Clarke County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges, and authority that the Mayor and Council of the City of Athens or the Commission of Clarke County, or both, has under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter, except as herein expressly modified. This authority shall include but shall not be limited to the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia.

Page 3571

(c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter. Section 1-105. Taxing Districts. (a) The unified government shall divide the county into two or more taxing districts (herein called services districts); provided, however, at least one of such districts shall be known as the general services district. The general services district shall consist of the total area of Clarke County and shall include the area of the City of Winterville wherein all services provided in the general services area of Athens-Clarke County shall be made available to the citizens of the City of

Page 3572

Winterville at the same rate such services are provided all citizens of the general services area pursuant to a contract executed between the governments of the City of Winterville and Athens-Clarke County for the amount of $1.00 for a period not to exceed 50 years, as provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. In addition, the Commission shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. Special services districts, which are those wherein specific services are provided to specific areas outside an urban services district, may also be created as provided in this charter. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the Commission for additional or higher levels of services provided by the unified government. (d) In the establishment of the first urban services district or districts, the Commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Athens-Clarke County at least once a week during the two weeks immediately preceding the date of hearing. (e) In the establishment of special services districts, the Commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Athens-Clarke County at least once a week during the two weeks immediately preceding the date of hearing. (f) The unified government is hereby empowered to exercise and provide within the general services district and within

Page 3573

any urban and special services district established by this charter or by ordinance of the Commission those powers, functions, and services which have theretofore been exercised and provided by Clarke County or the City of Athens, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (g) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (h) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (i) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the Commission under such general rules, procedures, regulations, requirements, and specifications as established by the Commission; provided, however, no new urban or special service district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Athens-Clarke County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation,

Page 3574

reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated above. (l) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government will hold public hearings as outlined in the services district modification procedure stated above and will consider all comments received prior to reaching a final decision. Section 1-106. Construction. The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs. ARTICLE II LEGISLATIVE ARTICLE CHAPTER 1 The Commission Section 2-101. Name and Composition. There is hereby created the Commission of Athens-Clarke County, Georgia. Membership on the Commission is a part-time position. The Commission shall consist of ten members elected from districts as provided in Section 6-201 of this charter.

Page 3575

Section 2-102. Term of Office; Qualifications; Disqualifications. (a) The term of office of all members of the Commission shall be four years with members serving staggered terms and until their successors are elected and qualified, except that a Commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election. (b) No person shall be eligible for election or appointment to the Commission unless such person, on or before the date of election or appointment, shall have attained the age of 21 years, shall be a qualified voter of the unified government, and shall have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election. A member of the Commission shall continue to reside within the district from which elected during such member's term of office. (c) No member of the Commission, during that member's term of office, shall hold any other federal, state, or local government elective office. Section 2-103. Salary and Expenses of the Commission. (a) The salary of each Commissioner shall be $10,000 per year, payable in equal monthly installments. (b) In addition to the salary, Commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the Commission may be changed by ordinance, subject to the following conditions: (1) No action to increase the salary or expenses of Commissioners shall be taken until notice of intent to take the action has been published in the official legal organ of Athens-Clarke County at least once a week for three successive weeks immediately preceding the week during which the action is taken.

Page 3576

(2) Any action to increase the salary of Commissioners shall not become effective until the date of commencement of the terms of those Commissioners elected at the next regular election following such action. (3) No action to increase the salary of Commissioners shall be taken during the period between the date when candidates for election to the Commission may first qualify as candidates and the date when members of the Commission take office following their election. Section 2-104. Organization; Oath; Rules; Quorum; Meetings; Records; CEO Pro Tempore. (a) The Commission shall meet for organization and swearing-in purposes on the second Monday in January next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected Commissioners shall each take the following oath of office, to be administered by the judge of the probate court: I do solemnly swear (or affirm) that I will well and truly perform the duties of Commissioner of the Unified Government of Athens-Clarke County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God. (b) The Commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter, shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least once each month, and shall provide for keeping minutes of its proceedings by the Manager as provided in Section 4-102 of this charter. (c) At its first organization meeting, the Commission shall select the date when it will hold its regular monthly meetings. (d) Seven of the ten members of the Commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time. (e) Special meetings of the Commission may be called by the CEO or by any five Commissioners upon no less than 24 hours'

Page 3577

written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all Commissioners, upon attendance at such meeting by all members of the Commission, or by waiver of notice of those not in attendance. (f) All meetings of the Commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chief elected officer (referred to as the CEO in this charter, see Article III of this charter) pro tempore shall be elected by and from the membership of the Commission to serve for a term of one year. Such an election shall take place at the first regular meeting of the Commission each year and whenever necessary to fill a vacancy in the office. A Commissioner elected to fill a vacancy shall only serve as such until an election for a new CEO pro tempore is held the following year. (h) In the absence of the CEO for any cause, the CEO pro tempore shall preside over meetings and discharge the duties of CEO until either the return of the CEO or the election of a new CEO. While serving as the CEO, the CEO pro tempore shall have the same powers as a CEO and not those of a Commissioner. Section 2-105. Powers of the Commission. (a) All legislative powers of the unified government of Athens-Clarke County, Georgia, including any such powers which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the Commission in accordance with the provisions of this charter. (b) In addition to its legislative powers, the Commission shall specifically have the power to: (1) Adopt and from time to time amend the budget;

Page 3578

(2) Approve or reject recommendations concerning the appointments of the Manager, Attorney, and Auditor; (3) Remove from office the Manager, Attorney, and Auditor by majority vote of the entire Commission; and (4) Override the CEO's veto with the affirmative vote of seven Commissioners. (c) In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both. (d) Except as otherwise provided by the Constitution, general or local law, or this charter, the Commission may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The Commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment. (e) Subsection (d) of Section 2-105 of this charter does not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly.

Page 3579

(f) The Commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at Commission inquiries and investigations shall be subject to such rules and regulations as the Commission may prescribe by general ordinance. (g) The Commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (h) The Commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia. Section 2-106. Filling of Vacancies. (a) In the event that the office of a member of the Commission shall become vacant by reason of death, resignation, or any other cause, and the term shall expire in less than 180 days, the vacant position shall be filled by appointment of the remaining members of the Commission. Any individual so appointed must have the same qualifications required for election to the office. (b) If the term of the vacant Commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the Commission to serve for the remainder of the term. CHAPTER 2 Legislative Procedure Section 2-201. Legislation by Ordinance. Every official act of the Commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: The Commission of Athens-Clarke County, Georgia, hereby ordains. All other acts of the Commission shall be by resolution or shall take such other form as prescribed by its rules. Section 2-202. Introduction, Consideration, and Passage of Ordinances and Resolutions. (a) Every proposed

Page 3580

ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing. (c) Prior to the introduction of any ordinance, copies of it shall be prepared by the Manager and distributed to each member of the Commission and to the Attorney. It shall be the duty of the Attorney to review the draftsmanship and impact of each ordinance. Within seven days after a proposed ordinance has been introduced, the Manager shall cause to be published in a newspaper of general circulation designated as the legal organ of the unified government a brief description of the subject and purpose of the ordinance and notice of the availability of the proposed ordinance for public inspection in the office of the Manager. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least six of the ten Commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the ayes and nays of each Commissioner, and the names of the Commissioners voting for and against each proposed ordinance or amendment, those obstaining, and those absent shall be entered upon the minutes of the proceedings of the Commission. Section 2-203. Emergency Ordinances. To meet a public emergency threatening life, health, property, or public safety, the Commission may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency

Page 3581

ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least seven of the ten members of the Commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed on the sixteenth day following the date on which it was adopted; but if the emergency still exists, this shall not prevent reenactment of the ordinance in the manner specified in this section. 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 2-204. Submission of Ordinances to CEO; Veto. Every ordinance or resolution adopted by the Commission shall be certified by the Manager and presented to the CEO within two business days following its adoption. The CEO shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become effective without his or her approval except as herein provided. If the CEO vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the Manager with a written statement of the reasons for the veto. The Manager shall record the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the Commission members of such veto. If the Commission shall pass the ordinance or resolution by a vote of seven of the ten members at the meeting next held after the ordinance or resolution has been returned with the CEO's veto, it shall become law without his or her approval. In the event the CEO does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval. Section 2-205. Authentication; Recording; Effective Date. All ordinances which have become law shall immediately be deposited in the official archives of the Manager. The Manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The Manager shall authenticate by his or her signature each ordinance which has become law.

Page 3582

Section 2-206. Codes of Technical Regulations. (a) The Commission 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 prescribed for ordinances generally except that: (1) The requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each Commissioner and to the Attorney shall be construed to include copies of the code of technical regulations which shall be maintained in the Manager's office, 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 Manager as provided in Section 2-205 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the Manager for public inspection and for purchase at a reasonable price as fixed by the Commission. Section 2-207. Codification and Printing of Ordinances. (a) The Commission shall, within two years of the effective date of this charter, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the Commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Commission may specify. This compilation shall be known and cited officially as the Code of Athens-Clarke County, Georgia. As determined by the Commission, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first Code of Athens-Clarke County, Georgia, and from time to time 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 integration therein.

Page 3583

Section 2-208. Prima-Facie Evidence. A record or entry made by the Manager or a copy of such record or entry, duly certified by the Manager, shall be prima-facie evidence of the terms of every ordinance and its due publication. CHAPTER 3 Ethics and Prohibited Practices Section 2-301. Conflict of Interest. No elected official, appointed officer, or employee of Athens-Clarke County, Georgia, or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person 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 campaign; (4) Represent private interests other than his or her own in any action or proceeding against Athens-Clarke County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Athens-Clarke County, Georgia, and any business or entity in which he or she has a financial interest. Section 2-302. Disclosure. Any elected official, appointed officer, or employee of the unified government or of any

Page 3584

board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the Commission. Any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest, and such disclosure shall be entered on the records of the Commission, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity, shall disclose such private interest to the Commission. Section 2-303. Testimony of Public Officials Relating to Public Affairs. Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal, and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this charter. Section 2-304. Contracts Voidable and Rescindable. Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the Commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter. Section 2-305. Hearings and Determinations; Penalties for Violation. (a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the Commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the Commission shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question.

Page 3585

(b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and repeals provided by the merit system of the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the Commission and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) above shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter. ARTICLE III CHIEF ELECTED OFFICER Section 3-101. Election; Term. There is hereby created the office of Chief Elected Officer of Athens-Clarke County, Georgia (referred to at times in this charter as the CEO). The CEO shall be elected from the unified government at large and shall serve part-time for a term of four years and until a successor is elected and qualified. Any CEO who has been elected for two full consecutive four-year terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term. Section 3-102. Qualifications of Office. (a) To be eligible for election as CEO, a person on the date of election must: (1) Have attained the age of 21 years; (2) Have resided in the territory of the unified government for at least one year immediately preceding the date of election and must continue such residence therein during the term of office;

Page 3586

(3) Be a registered voter of the unified government; and (4) Meet any other requirements as established by law. (b) No person elected as CEO shall, during that person's term of office, hold any other federal, state, or local government office. Section 3-103. Compensation. (a) The CEO shall receive as compensation for the services of this office an annual salary of $20,000, payable in equal monthly installments. (b) In addition to the salary, the CEO shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the CEO may be changed by ordinance, subject to the following conditions: (1) No action to increase the salary or expenses of the CEO shall be taken until notice of intent to take the action has been published in the official legal organ of Athens-Clarke County at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Any action to increase the salary of the CEO shall not become effective until the date of commencement of the term of the CEO elected at the next regular election following such action; and (3) No action to increase the salary of the CEO shall be taken during the period between the date when candidates for election to the office of CEO may first qualify as candidates and the date when the newly elected CEO takes office following the election. Section 3-104. Powers and Duties. The CEO shall have the powers and duties to:

Page 3587

(a) Serve as the official representative of the unified government, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (b) Initiate the process, with the involvement of Commission members and appropriate staff, to search and screen candidates for the positions of Manager, Attorney, and Auditor and to recommend candidates for these positions to the Commission (appointment requires concurrence of a majority of the entire Commission); (c) Set the agenda, after receiving input from members of the Commission, the Manager, and the public, for meetings of the Commission; (d) Preside over meetings of the Commission; (e) Make committee appointments; (f) Present a proposed annual budget and a proposed capital improvements budget, which has been prepared by the Manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of the unified government for approval by the CEO, to the Commission; (g) Approve or veto proposed ordinances or resolutions as provided by this charter; (h) Call special meetings of the Commission as provided by this charter and by rules of the Commission; (i) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the Manager; (j) Recommend to the Commission the adoption of such measures as deemed necessary or expedient; and (k) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.

Page 3588

Section 3-105. Voting. The CEO shall not be authorized to vote on any matter before the Commission except in the case of ties. Section 3-106. Vacancy in Office of Chief Elected Officer. In the event that the office of CEO shall become vacant by reason of death, resignation, or any other cause, the vacancy shall be filled by the CEO pro tempore who shall serve as CEO with all powers of the CEO until a new CEO is selected as provided below. (a) If the term of the CEO will expire in less than 180 days, the CEO pro tempore shall serve as the CEO until the next general election when a new CEO will be elected. (b) If the term of the CEO will continue for more than 180 days, a special election shall be held as provided in general law to elect a new CEO for the remainder of the vacant CEO's term. ARTICLE IV ADMINISTRATION CHAPTER 1 - Officers Section 4-101. Manager; Appointment; Qualifications; Compensation. The CEO shall recommend candidates to the Commission for the office of Manager who shall be the full-time administrative officer of the unified government. No person holding an elective office in Athens-Clarke County shall be eligible for appointment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the Commission. The Manager shall be prohibited from engaging in any political activity, and the Manager shall not be eligible to qualify as a candidate for an elective office in Athens-Clarke County for one year after leaving office. The Manager shall be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time may be removed from office by a majority vote of the entire Commission. The Manager need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such

Page 3589

appointment. The qualifications and compensation of the Manager shall be fixed by ordinance. Section 4-102. Manager; Powers and Duties. (a) The Manager shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of department heads; (3) The preparation of the proposed annual budget with the assistance of all department heads for approval by the CEO; (4) Keeping the Commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the Commission concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the Manager's jurisdiction to submit written reports and to provide other information deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the Manager's supervision and jurisdiction; (8) Acting as the purchasing agent of Athens-Clarke County as provided for in Section 8-105 of this charter; and (9) Maintaining all required records of the operations and activities of Athens-Clarke County, including the

Page 3590

minutes of all meetings of the Athens-Clarke County Commission. (b) Except for the purpose of inquiry and investigation, the CEO and Commission shall deal with employees of the unified government who are subject to appointment and removal by the Manager solely through the Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. Section 4-103. Attorney; Appointment; Term; Qualifications; Duties; Compensation. (a) The CEO shall make nonbinding recommendations to the Commission for the Attorney of the unified government (referred to at times in this charter as the Attorney). The Attorney shall be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time may be removed by a majority vote of the entire Commission. (b) The Attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The Attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the Attorney shall be as prescribed by a duly adopted ordinance. Section 4-104. Auditor; Appointment; Term; Duties; Qualifications; Compensation. (a) The CEO shall make nonbinding recommendations to the Commission for the Auditor of the unified government (referred to at times in this charter as the Auditor). The Auditor shall be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time may be removed by a majority vote of the entire Commission. (b) The qualifications, duties, and compensation of the Auditor shall be as prescribed in a duly adopted ordinance.

Page 3591

Section 4-105. Sheriff. The Sheriff of Clarke County in office on the effective date of this charter shall be the Sheriff of Athens-Clarke County, Georgia. The Sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The Sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties being provided on the effective date of this charter. The Sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia. Section 4-106. Judge of the Probate Court. The Judge of the Probate Court of Clarke County in office on the effective date of this charter shall be the Judge of the Probate Court of Athens-Clarke County, Georgia. The Judge of Probate Court of Athens-Clarke County shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Judge of the Probate Court shall be on the same basis as provided by law for the election of probate judges generally. The Judge of the Probate Court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia. Section 4-107. Clerk of Superior Court. The Clerk of Superior Court of Clarke County in office on the effective date of this charter shall be the Clerk of Superior Court of Athens-Clarke County, Georgia. The Clerk of Superior Court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Clerk of Superior Court shall be on the same basis as provided by law for the election of clerks of superior court generally. The Clerk of Superior Court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia. Section 4-108. Tax Commissioner. The Tax Commissioner of Clarke County in office on the effective date of this charter shall be the Tax Commissioner of Athens-Clarke County, Georgia. The Tax Commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Tax Commissioner shall be on the same basis as provided by law for the election of tax commissioners

Page 3592

generally. The Tax Commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia. Section 4-109. Coroner. The Coroner of Clarke County in office on the effective date of this charter shall be the Coroner of Athens-Clarke County, Georgia. The Coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for Coroner shall be on the same basis as provided by law for the election of coroners generally. The Coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia. CHAPTER 2 Administrative and Service Departments Section 4-201. Creation and Functions; Generally. Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations. Section 4-202. Administrative Reorganization. The Commission may, by ordinance, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the Commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government. Section 4-203. Appointment of Directors of Departments. All directors of departments under the supervision and directio of the Manager shall be appointed by the Manager. The directors of all such departments shall serve at the pleasure of the Manager. Section 4-204. Departments under State Law. (a) All departments, which are created pursuant to state or federal law and which administer various state and federal programs and services, shall continue their operations without interruption resulting from the adoption of this charter.

Page 3593

CHAPTER 3 Merit System of Personnel Administration Section 4-301. Establishment of Merit System. (a) The Commission shall establish, by ordinance, a Merit System of Personnel Administration for Athens-Clarke County, Georgia. All positions in the service of Athens-Clarke County, Georgia, shall be in the Classified (Merit System) Service except the following which are declared to be in the Unclassified Service: (1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members of boards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation; (5) Temporary and part-time employees; and (6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law. (b) The Merit System of Personnel Administration shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law. CHAPTER 4 Boards, Commissions, and Authorities

Page 3594

Section 4-401. Certain Boards, Commissions, and Authorities Continued. All existing boards, commissions, and authorities are continued without interruption on the effective date of this charter. As used in the Acts and amendments creating the existing boards, commissions, and authorities, the terms Athens City Council and Clarke County Board of Commissioners shall mean the Commission of Athens-Clarke County, Georgia, and the terms Mayor of the City of Athens and Chairman of the Clarke County Board of Commissioners shall mean the CEO of Athens-Clarke County, Georgia. ARTICLE V JUDICIARY Section 5-101. Superior Court and District Attorney; Unaffected by Charter; Redesignation. The Superior Court of Clarke County, including the office of the District Attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Athens-Clarke County, Georgia. Section 5-102. State Court and Solicitor; Unaffected by Charter; Redesignation. The State Court of Clarke County, including the office of the Solicitor, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the State Court of Athens-Clarke County, Georgia. Section 5-103. Juvenile Court; Unaffected by Charter; Redesignation. The Juvenile Court of Clarke County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Athens-Clarke County, Georgia. Sectioon 5-104. Probate Court; Unaffected by Charter; Redesignation. The Probate Court of Clarke County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the

Page 3595

status of said court. The court shall be known as the Probate Court of Athens-Clarke County, Georgia. Section 5-105. Magistrate Court; Unaffected by Charter; Redesignation. The Magistrate Court of Clarke County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Athens-Clarke County, Georgia. Section 5-106. Municipal Court of the City of Athens; Continuation of Operations in the Court of the Unified Government. On the effective date of this charter the operations and employees of the Municipal Court of the City of Athens shall continue as the operations and employees of a court of the Unified Government of Athens-Clarke County. The Judge of the Municipal Court of the City of Athens shall be authorized to serve as the Judge of said court. ARTICLE VI ELECTIONS CHAPTER 1 Conduct of Elections Section 6-101. Applicability of General Laws. Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. As used in said Code, the terms election or general election shall be construed to include the term regular election as provided in Section 6-102 of this charter; the term governing authority shall include the CEO and the Commissioners of Athens-Clarke County, Georgia; the terms municipal, municipality, or county shall include Athens-Clarke County, Georgia; and the term public office shall include elective offices of Athens-Clarke County, Georgia. Section 6-102. Regular Election, Time for Holding; Voting. (a) Except for the initial elections which may or may not be held on the date of regular state elections (see Section 9-101 of this charter), regular elections for the elective public officers of Athens-Clarke County, Georgia, shall be held every two years on

Page 3596

the same Tuesday in November when regular state elections are held. (b) Only the electorate of each of the ten election districts as defined in Section 6-201 of this charter shall be entitled to vote in the election for the Commissioner to be elected from that district. Section 6-103. Special Elections. All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, that govern the conduct of county elections. CHAPTER 2 Election Districts; Reapportionment Section 6-201. Number of Districts; Boundaries. The territory of the unified government shall consist of ten election districts to be designated respectively as Districts 1 through 10, and the boundaries of the initial districts shall be as specifically described and set forth in Appendix A of this charter which is incorporated herein by reference. Section 6-202. Reapportionment of Election Districts. (a) The election district boundaries of the unified government shall be reapportioned following the publication of each official federal decennial census of the population of Athens-Clarke County, Georgia. Such reapportionment shall be accomplished by the adoption of an amendment to this charter, including Appendix A, by the General Assembly of Georgia. (b) The reapportionment of election districts shall comply with the following specifications: (1) Each election district shall be formed of contiguous territory and its boundary lines shall be the center lines of streets or other well defined boundaries as utilized by the United States Bureau of the Census; and (2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended.

Page 3597

(c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment; provided, however, any reapportionment ordinance shall not apply to any regular election or special election held within six months after the Act becomes effective. ARTICLE VII REVENUE AND FINANCE CHAPTER 1 Taxation and Other Revenues Section 7-101. Levy and Collection of Taxes, Fees, Charges, and Assessments; Appropriations. (a) For the purpose of raising revenue for the support and maintenance of the government of Athens-Clarke County, Georgia, the Commission shall have full power and authority to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money: (1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Athens or Clarke County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Athens or Clarke County on the effective date of this charter; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted. (b) The Commission shall have full power and authority to levy and collect the following taxes, charges and assessments: (1) Ad valorem taxes on all real and personal property situated within Athens-Clarke County Georgia, which is

Page 3598

subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia, whether local (of the City of Athens or Clarke County) or general; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which transacts business within Athens-Clarke County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein. The Commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The Commission shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to such taxes. In levying and collecting those taxes the Commission, by ordinance, may require any individual person, firm, partnership, company, or corporation which transacts business within Athens-Clarke County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the unified government and to pay a reasonable fee for the license or permit for the regulation of any activities not prohibited by general law. The Commission, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitates, including but not limited to denial or revocation for any violation of federal or state law or local ordinance; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use

Page 3599

of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein; (6) Charge and collect franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and without the limits of the unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Athens or Clarke County were authorized and empowered to make and collect upon (the effective date of this charter, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state 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 Commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the Commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities;

Page 3600

(11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Athens-Clarke County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the Commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Athens-Clarke County, Georgia, as now or hereafter provided by law for counties and municipalities; and (12) Such other taxes and charges as provided by law. Section 7-102. Collection of Delinquent Taxes and Fees. The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties. Section 7-103. Homestead Exemptions. The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Athens-Clarke County, Georgia. Section 7-104. Tax and Services Districts; Taxation Therein. (a) The general services area as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the Commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government. (b) The urban services area as authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an Urban Tax District, as the case may be, wherein the Commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government. (c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the

Page 3601

entire area of the unified government; provided, however, the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts. CHAPTER 2 Borrowing and Indebtedness Section 7-201. Issuance of General Obligation Bonds. (a) The Commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Athens-Clarke County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the Commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government. Section 7-202. Debt Limitation; General Obligation Bonds. The total general obligation bond indebtedness of the unified government payable from ad valorem taxes (including all outstanding general obligation bonds of the former City of Athens and Clarke County on the effective date of this charter) shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government. Section 7-203. Revenue Bonds. The Commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3

Page 3602

of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Section 7-204. Use of Bond Proceeds. All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof. Section 7-205. Allocation of Indebtedness. (a) All general indebtedness of Clarke County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to the general services area as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter, and is hereby recognized as the obligation of the general services area of Athens-Clarke County, Georgia. All general indebtedness of the City of Athens, whether represented by general obligation bonds or otherwise which may be outstanding upon the effective date of this charter, shall be allocated to the urban services area as is defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The Commission is hereby authorized to levy taxes and otherwise provide for the retirement thereof, subject to the terms of this charter. Any funds in the control of the heretofore existent City of Athens and Clarke County, now consolidated into Athens-Clarke County, Georgia, by this charter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county shall be so applied by the Commission. (b) All general obligation bonds issued prior to the effective date of this charter by Clarke County and all bonds authorized but unissued by the Clarke County on the effective date of this charter and thereafter issued by Athens-Clarke County, Georgia, shall be allocated to the general services area, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services area. All general obligation bonds issued prior to the effective date of this charter by the City of Athens and all bonds authorized but unissued by the City of Athens on the effective date of this charter and thereafter issued by Athens-Clarke County, Georgia, shall be allocated to the urban services area, and the principal and interest on such bonds

Page 3603

shall be paid from ad valorem taxes or other revenues collected in the urban services area. (c) Any revenue bonds issued prior to the effective date of this charter by the City of Athens or Clarke County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and any such revenue bonds authorized but unissued by the said city or county on the effective date of this charter and thereafter issued by Athens-Clarke County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. (d) Neither the allocation of bonds to the general services area nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Athens or by Clarke County prior to the effective date of this charter, or authorized but unissued by the City of Athens or by Clarke County on the effective date of this charter and thereafter issued by Athens-Clarke County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted. CHAPTER 3 Financing of Services Section 7-301. General and Urban Services Areas. (a) In Athens-Clarke County, Georgia, there shall be: (1) A general services area which shall consist of the total area of Clarke County as fixed and established upon the effective date of this charter or as hereafter modified according to law; (2) An urban services area which shall consist of the area embraced within the corporate limits of the City of Athens as the same exists upon the day immediately preceding the effective date of this charter or as such area may be hereafter expanded as herein provided; and

Page 3604

(3) Such special services areas as the Commission may thereafter establish. (b) All other tax districts existing in the City of Athens or Clarke County immediately prior to the effective date of this charter are continued in effect by this charter. (c) Such services areas shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services area from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Athens-Clarke County, Georgia, may vary in any services area from that in another or other services area. (d) The unified government is hereby empowered to exercise and provide within the general services area and within any urban services area established by this charter or by ordinance of the Commission those powers, functions, and services which have therefore been exercised and provided by Clarke County or the City of Athens, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services area of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the unified government. As provided in subsection (a) of Section 1-105 of this charter, all services provided in the general services area shall be made available to the citizens of Winterville at the same rate provided all other citizens of the general services area pursuant to a contract executed between the governments of the City of Winterville and Athens-Clarke County for the amount of $1.00 for a period not to exceed 50 years as is provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. (f) The unified government shall perform within its urban services areas those additional, more comprehensive and intensive,

Page 3605

and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services areas. Section 7-302. Creation of Services Areas by Ordinance. Except as otherwise provided by this charter, services areas of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the Commission under such general rules, procedures, regulations, requirements, and specifications as are established by the Commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services areas and the expansion, unification, reduction, or merger of existing services areas; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services areas, and for transferring territory from one services area to another; and set forth requirements for defining boundaries of services areas. Section 7-303. Requirements for Defining Boundaries. Whenever in this chapter it is required that the boundaries of a services area be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the Commission, the boundaries may be described: (1) by reference to a map; (2) by metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or (4) by any combination of the above methods. Section 7-304. Notice of Hearing Prior to Adoption of Ordinance. Before it adopts any ordinance authorized or described in Section 7-301 through 7-303 of this charter, the Commission shall give notice of its intentions to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in Section 1-105 of this charter. CHAPTER 4 Financial Administration Section 7-401. Fiscal Year. The fiscal year of Athens-Clarke County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The Commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year

Page 3606

and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law. Section 7-402. Preparation of Budgets. The preparation of an annual budget and a capital improvements budget shall be as prescribed by ordinance and provisions of this charter. Section 7-403. Scope of Budgets. (a) The annual budget should consist of two parts: (1) Part I of the annual budget shall apply only to the operating expenses of the unified government; and (2) Part II of the annual budget shall apply only to capital improvement expenses of the unified government. (b) Each section of the annual operating and capital budget shall contain with respect to each of the operating funds of the government of Athens-Clarke County, Georgia, to which they are applicable: (1) A reasonable estimate of cash revenues to be received during the ensuring year, classified according to source; (2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the Manager, the CEO, or the Commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year.

Page 3607

(d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefore, and the revenues or other sources of funds anticipated to finance such capital projects. Section 7-404. Submission of Budgets to the Commission. (a) In advance of initiating preparations of the annual budget, the CEO, with participation of the Commission, shall develop a statement of the general fiscal policies of Athens-Clarke County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. (b) On or before a date fixed by the Commission but not later than 60 days prior to the beginning of each fiscal year, the CEO of the unified government shall submit to the Commission a proposed operating budget and a proposed capital improvements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the CEO containing a statement of the general fiscal policies of Athens-Clarke County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the CEO's message thereon shall be published in a newspaper of general circulation designated as the legal organ of the unified government. The operating budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the Manager's office and shall be open to public inspection. Section 7-405. Adoption of Budgets. (a) The Commission may approve, reject, or modify the proposed budget. The budget as finally adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the resources available of such fund. (b) The Commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the

Page 3608

fiscal year beginning on the first day of July. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the Commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The Commission shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the thirteith day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. Section 7-406. Property Tax Levies. Following the adoption of the operating and capital improvements budgets for each fiscal year: (1) The Commission shall levy by ordinance a general services area tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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

Page 3609

of the general services area for services to be rendered throughout the entire area of Athens-Clarke County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the Commission; (2) The Commission shall levy by ordinance an urban services area tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 a higher level of services to be rendered in urban services areas; and (3) The Commission shall levy by ordinance a special services area tax on all real and personal property within the special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 a higher level of services to be rendered in a special services area. Section 7-407. Limitation of Funds. Upon certification by the Manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the Manager upon the instruction of the CEO of the unified government to limit such appropriations as may be necessary to prevent deficit operation. Section 7-408. Transfer of Funds. Upon recommendation of the Manager and approval of the CEO, the Commission may make interfund or interdepartmental transfers in the current

Page 3610

operating budget or capital improvements budget at any regular or special meeting called for such purpose, provided funds are also available. Section 7-409. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 7-410. Continuing Audit. The Auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office and agency of the unified government. Section 7-411. Postaudit. (a) The Commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of Athens-Clarke County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Athens-Clarke County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The Commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the Manager and made available to the public. (c) The Commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Athens-Clarke County, Georgia. CHAPTER 5 Procurement and Disposition of Property Section 7-501. Contracting Procedures. The Commission shall prescribe by ordinance rules and regulations which must

Page 3611

be followed in the making of contracts in order to bind the government of Athens-Clarke County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Athens-Clarke County, Georgia, shall be signed by the CEO and authenticated by the Manager. Section 7-502. Sale and Disposition of Property. (a) The Commission is authorized to sell any real or personal property owned or held by Athens-Clarke County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The Commission is empowered to authorize the following transactions: (1) A transfer of any real or personal property owned by Athens-Clarke County, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of the unified government once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property. (c) Athens-Clarke County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the Manager of the unified government and the adoption by the Commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Athens-Clarke County, Georgia, therein has no readily ascertainable monetary value.

Page 3612

(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Athens-Clarke County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Athens-Clarke County, Georgia, the Commission may authorize the execution and deliverance in the name of the government of Athens-Clarke County, Georgia, of 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 in 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 so executed and delivered shall convey all title and interest the government of Athens-Clarke County, Georgia, has in such property. ARTICLE VIII GENERAL PROVISIONS Section 8-101. Application of Laws; Laws in Force. (a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter: (1) Which on the effective date of this charter apply to the City of Athens or Clarke County, Georgia, shall be applicable to the unified government; and (2) Which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Athens or Clarke County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the Commission. (b) Local Acts of the State of Georgia which apply specifically to either Clarke County or the City of Athens, or both, shall be applicable to the unified government. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general

Page 3613

terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Clarke County or the City of Athens, or both, the following terms as used in such laws shall be construed to include the unified government as follows: (1) County shall be construed to include Athens-Clarke County, Georgia; (2) City, town, municipal corporation, or municipality shall be construed to include Athens-Clarke County, Georgia; (3) Commissioners of Roads and Revenues and Board of County Commissioners' shall be construed to include the Commission of Athens-Clarke County, Georgia; (4) Council, Mayor and Council, Aldermen, and Board of Aldermen shall be construed to include the Commission of Athens-Clarke County, Georgia; (5) Chairman of the Commissioners of Roads and Revenues and Chairman of the Board of County Commissioners shall be construed to include the CEO of Athens-Clarke County, Georgia; (6) Mayor shall be construed to include the CEO of Athens-Clarke County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Clarke County or the City of Athens, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Athens-Clarke County, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished

Page 3614

from general laws of local application through classification by population) applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Clarke County, not in conflict with this charter; (5) Special laws applicable to the City of Athens, not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Athens and existing ordinances and resolutions of the former County of Clarke not in conflict with this charter. Section 8-102. Limitation on Claims and Service. (a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the CEO. Section 8-103. Tort and Nuisance Liability. The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia. Section 8-104. Conflict of Laws. For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.

Page 3615

Section 8-105. Competitive Bidding. All departments and agencies of the unified government must utilize competitive bidding procedures, as specified in an ordinance of the Commission, for all purchases in excess of an amount provided for in an ordinance of the Commission, unless such purchase shall be otherwise approved by seven of the ten Commissioners. Section 8-106. Execution of Assessments. Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the Commission and no specific provision is elsewhere provided in this charter for its collection, then the Manager shall issue execution in the name of the unified government against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date, and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the Manager of Athens-Clarke County, Georgia, and the levy and sale thereunder shall be governed by general law. Section 8-107. Authority to Deal with Federal and State Agencies. The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including but not limited to community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.

Page 3616

Section 8-108. Federal and State Aid. The unified government shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the state of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is or may be hereafter entitled, and to receive the same without diminution or loss by reason of unification. When state aid or other grant-in-aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Athens-Clarke County, Georgia, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, or rural population, or any combination thereof, then that area of the general services area outside of the urban services area or Areas shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. When state aid or other grant-in-aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population or the area of the urban services area or areas of Athens-Clarke County, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution. Section 8-109. Budgets of County Officers and Agencies. All elected officers and all agencies not under the direct control and jurisdiction of the Manager such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the Commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the Manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the Manager and the CEO, shall be incorporated into the overall unified government budget for submission by the CEO to the Commission, which shall grant a hearing to any such officer or agency on such proposed budgets.

Page 3617

Section 8-110. Existing Pension Rights Protected. (a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Athens shall retain all pension rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former County of Clarky shall retain all rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. Section 8-111. Establishment of New Pension Systems; Merging of Existing Systems. The Commission is hereby authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Athens, Clarke County, or of any agency of such former governments. Section 8-112. Amending Charter. This charter may be modified, rescinded, changed, or amended by only the following methods: (1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Commission of Athens-Clarke County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

Page 3618

Section 8-113. Fidelity Bonds. All officers of the unified government, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the Commission may require. Section 8-114. Examples of Powers. The powers of Athens-Clarke County, Georgia, shall include, but shall not be limited to, the following powers: (1) Ad valorem taxation; to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses. Such taxes may be based on any one or combination of the following criteria: (A) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.; (B) Square footage; (C) Number of employees; (D) Fixed fee; or (E) Any other criterion reasonably related to the purposes of this power; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property;

Page 3619

(7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the unified government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified government; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; (15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards;

Page 3620

(18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in the unified government; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;

Page 3621

(32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation systems; and (39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government. Section 8-115. Provision of Services. When determining services to be provided, the unified government shall always attempt: (1) To efficiently allocate resources to increase the quality of life for all citizens of Athens-Clarke County; (2) To provide the highest quality services to all citizens of Athens-Clarke County; (3) To ensure efficient utilization of community resources;

Page 3622

(4) To promote equity for all citizens in the delivery of governmental services throughout Athens-Clarke County; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises. Section 8-116. The Overview Commission. (a) In order to provide a more efficient and responsive government for the citizens of Athens-Clarke County, an overview commission shall be established to review the operation of the unified government. Such evaluation shall be completed every four years. (b) The overview commission shall be composed of a minimum of 21 individuals to be appointed by the Grand Jury sitting immediately prior to July 1, 1995. Members of the overview commission shall be registered voters in Athens-Clarke County and not members of the appointing Grand Jury. Two members shall be selected from each commission district and one member, who shall serve as chair, from the county at large. In making appointments to the overview commission, the Grand Jury shall solicit and consider applications from the citizens of Athens-Clarke County. (c) The overview commission shall be convened on July 1, 1995, and shall complete its review within six months of that date. In reviewing the unified government, the following factors all be considered: (1) The goals and objectives of the unified government; (2) The extent to which the unified government has achieved its original objectives in an effective and responsible manner; (3) The performance and accomplishments of the agencies of the unified government in the preceding fiscal year, budgetary costs incurred, projected activities and budgets; (4) The extent to which additional programs are needed; and

Page 3623

(5) Any other relevant criteria that the overview commission considers necessary in its evaluation. (d) Upon completion of its review, the overview commission shall make recommendations to the new government in the same manner as Grand Jury presentments are normally made to a local government. Section 8-117. Historic Items. It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Athens, the City of Winterville, and Clarke County. Section 8-118. Section Captions. The captions to the several sections of this charter are informative only and are not to be construed as a part thereof. Section 8-119. Effect of Repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws. Section 8-120. Severability Clause. If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable. Section 8-121. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this charter are hereby repealed. ARTICLE IX TRANSITION PROVISIONS Section 9-101. Special Election of First Officials. (a) A special election shall be held on a date fixed by the board of elections, but not later than 60 days following the date of approval of this charter as provided in Section 9-115 of this charter, for the purpose of electing the first CEO and members of the Commission of the unified government. The board of elections shall publish notice of the call for such election in the newspaper in which the

Page 3624

Clarke County Sheriff's advertisements appear at least 30 days prior to the date of such election. Candidates may qualify until 15 days before the date of the election. (b) In all other respects, the election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, applicable to county elections. Within 30 days following the approval of this charter as provided in Section 9-115 of this charter, the Board of Elections of Clarke County shall prepare a list of qualified voters for each of the ten commission districts described in Appendix A of this charter. The officials elected at such election shall commence the term of their office on the effective date of this charter. (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Clarke County or of any municipality lying wholly or partially therein and who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government. Section 9-102. Initial Terms of Office. The initial terms of the first Commissioners of the unified government elected from the odd-numbered districts shall be for four years. The initial terms of the first Commissioners of the unified government elected from even-numbered districts shall be for two years. After the initial elections, all Commissioners shall be elected for four-year terms. Section 9-103. Provision of Services During Transition. In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Athens and Clarke County, the following procedures shall apply: (1) On the effective date of the new unified government, all services currently provided by the county shall be provided through the general services area to all residents of the county and all services provided by the city shall be provided through the urban services area to the current residents of the City of Athens. Assuming the continued availability of state and federal funds, these service

Page 3625

arrangements shall apply until modified as provided under the provisions cited below; (2) Within one year of the completion of the rate study provided for in this paragraph, the unified government shall adopt a uniform residential rate for water and sewer services throughout Athens-Clarke County. During the first six months after the effective date of this charter a rate study shall be made, and the equalization of water and sewer rates shall be completed within one year of the completion of the rate study; (3) Within four years of the effective date of this charter the unified government shall adopt a service delivery plan that includes, but is not limited to, the following: (A) A capital improvements plan to provide water and sewer services to all residents of the county; (B) An administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying problems and needs that exist in the community and for identifying and securing resources needed to effectively address these problems and needs. The program shall encourage efforts to enable, empower, and involve the disadvantaged; address the causes of crime; work to enhance the quality of life of all citizens; and to help ensure that the unified government will be responsive to the needs of all citizens; and (C) An administrative mechanism with appropriate status and adequate budget to develop and implement adequate parks and recreation programs that will be available to all citizens of Athens-Clarke County; and (4) The unified government shall work with due speed to equalize the charges for all services throughout the county.

Page 3626

Section 9-104. Protection and Compensation of Existing Employees. (a) All full-time employees of the City of Athens and Clarke County and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said government. (b) No permanent full-time employee of the City of Athens or Clarke County shall suffer any diminution of compensation resulting from the adoption of this charter. The definition of compensation includes, but is not limited to, salary, insurance and retirement benefits, annual and sick leave, and rights provided by a merit system. (c) Within 12 months of the effective date of this charter the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the fourth year of operation of the unified government. This requirement that there be a uniform level of compensation throughout Athens-Clarke County by the end of the fourth year does not require that there be any freeze on employee compensation. (d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Athens or Clarke County at the time of unification shall suffer any reduction of compensation resulting from the adoption of this charter. (e) No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any position in the unified government because of race, gender, religion, age, handicap, or national origin. Section 9-105. Effective Date of Charter. This charter shall become effective on January 1, 1991, or upon the election of a CEO and Commission for Athens-Clarke County and their taking office as the governing authority of the unified government, whichever occurs last.

Page 3627

Section 9-106. Initial Budget. (a) Until July 1, 1991, the unified government shall operate under the funds remaining from the fiscal year 1990-1991 of the combined budgets of the City of Athens and Clarke County. (b) The first full 12 month budget of the unified government (July 1, 1991, to June 30, 1992) shall not exceed an amount equal to the combined 1990-1991 fiscal year budgets of the City of Athens and Clarke County, plus increases due to inflation as specified in figures from the United States government. Section 9-107. Number of Employees. From the effective date of this charter until June 30, 1992, the total number of employees of the unified government shall not exceed the combined number of employees authorized for the governments of the City of Athens and Clarke County on the effective date of this charter except as otherwise mandated by law. Section 9-108. Cooperation of Former Governments. (a) All officers, officials, and employees of the former City of Athens and Clarke County shall cooperate with and assist the CEO, the Commission, the Manager, and other officers of Athens-Clarke County, Georgia: (1) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Athens-Clarke County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government.

Page 3628

(b) A schedule for activity during the transition period is contained in Appendix B, attached to and made a part of this charter. Section 9-109. Existing Ordinances and Resolutions Continued in Effect. (a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Clarke County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Athens-Clarke County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Athens, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Athens-Clarke County, Georgia, and shall apply only to the area included within the urban services area until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) Twelve months after the effective date of this charter, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the Commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions. Section 9-110. Contracts and Obligations. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Clarke County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as

Page 3629

obligations and rights of the unified government; provided, however, any obligation created by Clarke County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Commission of the unified government within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Athens or for its benefit prior to the effective date of this charter, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by the City of Athens to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Commission of the unified government within six months following the effective date of this charter. (c) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative, or other) by or against the City of Athens or Clarke County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof. Section 9-111. Dissolution of Existing Governments. On the effective date of this charter, the Commission of Clarke County and the Mayor and Council of the City of Athens and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Clarke County and the City of Athens shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter. Section 9-112. Transfer of Records and Equipment. When an agency of the City of Athens or of Clarke County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.

Page 3630

Section 9-113. Officers Serve Until Successors Qualify. Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Athens or Clarke County may continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform same. Section 9-114. Changes Required by the U.S. Department of Justice After Adjournment of the 1990 Session of the General Assembly. (a) In order to ensure that a referendum on the question of the creation of a Unified Government of Athens-Clarke County will be held on the earliest possible date, the General Assembly, as provided in Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia, hereby constitutes the members of the Clarke County legislative delegation as a legislatively created charter commission and authorizes the Clarke County legislative delegation acting as a legislatively created charter commission, in consultation with the original informally created 15 member Athens-Clarke Unification Commission, to amend the charter to satisfy any required changes raised by the United States Department of Justice after the adjournment of the 1990 session of the General Assembly. (b) If any member of the Athens-Clarke Unification Commission is unable to participate in such an effort for any reason, including but not limited to death, illness, unwillingness, or nonresidency in Clarke County, the remaining members shall select a citizen of Clarke County to assume the vacant position. Section 9-115. Referendum on the Charter. (a) Not less than 30 days nor more than 60 days after receipt of the certified copy of the proposed charter and after receipt of approval by the Department of Justice of such proposed charter, it shall be the duty of the Clarke County Board of Elections to call a special election for approval or rejection of the proposed charter. The board shall set the date of the election for a day not less than 30 days nor more than 60 days after the issuance of the call. The board shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Clarke County. The ballot shall have written or printed thereon the following:

Page 3631

() YES () NO Shall the charter unifying the governments of the City of Athens and Clarke County and creating a single county-wide government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote YES, and those persons desiring to vote for rejection of the charter shall vote NO. If more than one-half of the votes cast by the qualified voters of Clarke County residing within the corporate limits of the City of Athens are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Clarke 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 Athens and Clarke County. (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 herein, shall mean a voter of Clarke County qualified to vote for members of the General Assembly of Georgia. The board shall certify the returns to the Secretary of State. The board shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Athens who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Clarke County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Athens and Clarke County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the unified government

Page 3632

for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Athens and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Clarke County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes. Appendix A For the purpose of electing the ten members of the Commission from commissioner districts, the territory of Athens-Clarke County shall be divided into the following districts, which are described by the use of census terms: District 1 Clarke Tract 14.01 Blocks 101 through 107, 110 through 112, and 116 through 122 Tract 14.02 Block Groups 1 through 6 Blocks 701 through 707 and 722 That part of Blocks 723 and 724 lying southeast of the Southern Railroad Line Blocks 725 through 732 Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2 District 2 Clarke Tract 3 Block Groups 1 and 2 Blocks 301 through 345

Page 3633

Tract 14.01 Blocks 108, 109, and 113 through 115 Block Group 2 Tract 14.02 Blocks 708 through 721 That part of Blocks 723 and 724 lying northwest of the Southern Railroad Line District 3 Clarke Tract 1 Blocks 106 through 115, 118 through 127, and 137 through 142 Tract 2 Block Group 1 Tract 5 Block 101 Tract 6 Blocks 110 and 125 through 143 Block Group 2 Tract 9 District 4 Clarke Tract 1 Blocks 101 through 105, 116, 117, and 128 through 136 Tract 3 Blocks 346 through 360 Tract 4 Tract 5 Blocks 102, 104, and 105 Tract 10 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310

Page 3634

District 5 Clarke Tract 2 Block Group 2 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8 District 6 Clarke Tract 13.01 Blocks 101 through 107 Block Groups 2 through 4 That part of Block 502 which lies northwest of Highway 10 (the Bypass) Blocks 503 through 510 Tract 13.02 District 7 Clarke Tract 5 Block 103 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Tract 12 Tract 13.01 Blocks 108 through 121 That part of Block 502 which lies southeast of Highway 10 (the Bypass) Tract 15.02 Blocks 401 through 414 and 417

Page 3635

District 8 Clarke Tract 11 Blocks 311 through 317 Tract 15.01 Tract 15.02 Blocks 135 and 136 Block Group 3 Blocks 415 and 416 District 9 Clarke Tract 1 Tract 2 Block Group 1 Tracts 3 and 4 Tract 5 Blocks 101, 102, 104, and 105 Tract 6 Blocks 110, 125 through 143 Block Group 2 Tract 9 Tract 10 Block 116 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310 Tracts 14.01 and 14.02 Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2 District 10 Clarke Tract 2 Block Group 2

Page 3636

Tract 5 Block 103 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Blocks 311 through 317 Tracts 12, 13.01, 13.02, and 15.01 Tract 15.02 Blocks 135 and 136 Block Groups 3 and 4 For the purposes of this appendix: (1) The terms Tract, Census Tract, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Any part of Athens-Clarke County, Georgia, which is not included in any district described in this appendix 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. Appendix B Transition Schedule and Plan The following four-stage transition plan shall govern the implementation of this Act: Stage 1: Referendum on Charter to Initial Election

Page 3637

Upon approval of the unification, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Their effort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team does not have any decision making power and will serve in an advisory function to the new government until such time as the newly elected officials assume the responsibilities described below. The transition team shall consist of: the county administrator; the city administrator; one appointee of the mayor of the City of Athens who shall not be an elected official nor an employee of the City of Athens; one appointee of the Chairman of the Clarke County Board of Commissioners who shall not be an elected official nor an employee of Clarke County; two individuals appointed by the Mayor of Winterville, neither of whom shall be an elected official or an employee of the city; and three members of the charter commission selected by the charter commission, one of whom shall serve as chair of the transition team. Stage 2: Initial Election to January 1, 1991 The newly elected government assumes limited powers to plan for new government. During this time, the CEO and Commission may exercise the following powers: (a) Begin preparation for the appointment of the Manager, Attorney, and Auditor; (b) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organization of the unified government in accordance with the applicable provisions of this charter. The CEO and Commission shall be authorized to receive and expend appropriations from the Athens City Council and the Clarke County Board of Commissioners for the purposes of performing its responsibilities as provided herein; (c) Initiation of the preparation of the initial (FY 1992) budget of the unified government;

Page 3638

(d) Begin preparation of plans and schedules for the unification of the various departments and agencies of the City of Athens and Clarke County; (e) All officers, officials, and employees of the City of Athens and Clarke County shall cooperate and assist the CEO and Commission and other officers of the unified government in planning for and scheduling the unification of departments, boards, and commissions of said former governments, and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The CEO, Commission, and officers of the unified government shall be entitled to examine all records, files, and other data in possession of the former governments and all officers, officials, and employees thereof. The former governments shall, to the extent possible, provide working areas and facilities to the transition team and the newly elected CEO and Commission of the unified government. Stage 3: January 1, 1991, to June 30, 1991 The unified government takes office operating under the combined city and county budgets subject to the budget and employee caps specified above. The unified government budget for FY 1992 is prepared. During this period the government would begin combining operations. Stage 4: July 1, 1991, to June 30, 1992 The unified government begins operation under the first unified government budget. The budget for this fiscal year, FY 1992, shall be capped by combining the FY 1991 budgets of the city and county, plus increases due to inflation. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1990 regular session of the Georgia General Assembly a Bill to provide for the unification of the existing governments of The City of

Page 3639

Athens and Clarke County; to provide for the creation of a unified government of Athens-Clarke County Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for the officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of 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, Lawton Evans Stephens, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: February 1, 1990. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 2, 1990.

Page 3640

TOOMBS COUNTY DEVELOPMENT AUTHORITY MEMBERS; APPOINTMENT; TERMS. No. 736 (House Bill No. 1862). AN ACT To provide for the membership of the Toombs County Development Authority; to provide for legislative authority; to provide for the appointment and terms of office of the members of the authority; to change the number of members; to provide for the filling of 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. This Act is passed pursuant to the authority granted to the General Assembly by the amendment to the Constitution which created the Toombs County Development Authority (Res. Act No. 41 House Resolution 152-313, Ga. L. 1966, p. 787) and which was continued by an Act approved March 20, 1985 (Ga. L. 1985, p. 3962). Section 2. (a) After the effective date of this Act, the Toombs County Development Authority shall consist of seven members who shall be appointed by the board of commissioners of Toombs County to serve for terms of five years and until their successors are appointed and qualified. A member shall not be allowed to serve for more than one complete five-year term. A majority of the membership shall constitute a quorum and a majority may act for the authority in any manner. No vacancy shall impair the power of the authority to act. Vacancies on the authority shall be filled for the unexpired term as provided in subsection (d) of this section. (b) For the purposes of appointing members of the authority, Toombs County shall be divided into three authority districts. Authority District No. 1 shall consist of the area within the city limits of Vidalia. Authority District No. 2 shall consist of the area within the city limits of Lyons. Authority District No. 3 shall consist of that portion of Toombs County not included within Authority Districts No. 1 and No. 2.

Page 3641

(c) (1) Four members of the authority shall be residents of Authority District No. 1. Of the four initial members appointed from Authority District No. 1, one member shall be appointed for a term of five years, one member shall be appointed for a term of four years, one member shall be appointed for a term of three years, and one member shall be appointed for a term of two years. (2) Two members of the authority shall be residents of Authority District No. 2. Of the two initial members appointed from Authority District No. 2, one shall be appointed for a term of five years and one shall be appointed for a term of four years. (3) One member of the authority shall be a resident of Authority District No. 3 and the initial member appointed from Authority District No. 3 shall serve for a term of three years. (4) Successors to the initial members of the authority appointed pursuant to this Act shall be appointed for terms of five years. (d) All appointments to the authority other than for the initial members and including appointments to fill vacancies on the authority shall be made as provided in this subsection. The members of the authority shall nominate three persons for consideration and the board of commissioners of Toombs County shall appoint one of the three nominees. 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 1990 session of the General Assembly of Georgia a bill to provide for the membership of the Toombs County Development Authority; to provide for legislative authority; to provide for the appointment and terms of office of the members of the authority; to change the number of members; to provide for the filling of vacancies; to

Page 3642

provide for other matters relative to the foregoing; and for other purposes. This 1st day of February, 1990. Honorable Fisher Barfoot, Representative, 120th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 8, 1990. /s/ Fisher Barfoot Representative, 120th District Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 2, 1990.

Page 3643

DOUGLAS COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 737 (House Bill No. 1855). AN ACT To provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income; to provide a complete homestead exemption from ad valorem taxes for educational purposes to certain residents of the Douglas County School District who are 70 years of age or over, regardless of income; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal certain homestead exemptions for persons 65 years of age or over or 70 years of age or over; 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 ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Douglas County School District, including taxes to retire school bond indebtedness. Section 2. (a) The homestead of each resident of the Douglas County School District who is disabled or who is 65 years of age or over but less than 70 years of age, regardless of income, shall be exempt from ad valorem taxation for educational purposes in the amount of 50 percent of the assessed value of such homestead minus any applicable exemptions otherwise provided by the Constitution or general laws of this state on such homestead for educational purposes. The value of all property in excess of the above-exempted amount shall remain subject to taxation for educational purposes. (b) The homestead of each resident of the Douglas County School District who is 70 years of age or over, regardless of

Page 3644

income, shall be completely exempt from all ad valorem taxation for educational purposes. (c) As used in this Act, the term homestead shall include only the homestead of each resident of the Douglas County School District actually occupied by the owner as a residence and homestead and only for so long as actually occupied by the owner primarily as such. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Douglas County giving the age of the owner. The owner may be required to furnish such additional proof of age as may be requested by the tax commissioner prior to the receipt of such exemption provided for in this Act. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead pursuant to this Act shall extend to and shall apply to those properties, the legal title to which is fixed in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possess the qualifications provided for in this Act. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this Act by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is fixed in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications specified in this Act and shall claim the exemptions granted by this section in the manner provided in this Act. (d) If a person is disabled, in order to qualify for the exemption provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A. certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he or his agent provides the tax commissioner of Douglas County with the certificate provided for in this section. Section 3. The tax commissioner of Douglas County or the designee thereof shall provide application forms for the exemptions granted by this Act and shall require such information as may

Page 3645

be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted a homestead exemption under this Act to notify the tax commissioner of Douglas County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5. The exemptions granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 6. Any person who, as of January 1, 1991, has applied for and is eligible for the exemption provided to persons 65 years of age or over or to persons 70 years of age or over pursuant to a local constitutional amendment providing homestead exemptions from Douglas County School District ad valorem taxes found at Ga. L. 1979, p. 1808, Resolution Act No. 27, House Resolution 37-121, which local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, shall be eligible for the exemptions granted by this Act without further application. Section 7. The exemptions granted by this Act shall apply to all taxable years beginning on or after January 1, 1991. Section 8. If this Act is approved in the referendum provided for in Section 9 of this Act, that local constitutional amendment providing certain homestead exemptions to certain residents of the Douglas County School District found at Ga. L. 1979, p. 1808, Resolution Act No. 27, House Resolution 37-121, which local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution is repealed effective at the last moment of December 31, 1990. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of

Page 3646

the Douglas County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general primary in July, 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 Douglas County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Douglas County School district ad valorem taxes for educational purposes in the amount of 50 percent of the homestead's assessed value for residents who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income and a complete exemption from ad valorem taxes for educational purposes for residents who are 70 years of age or over, regardless of income and which repeals the former homestead exemptions granted to residents who are 65 years of age or over and 70 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and effect immediately. If Sections 1 through 8 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Douglas County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 3647

Section 10. Except as otherwise provided in Section 10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assess value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age of over but less that 70 years of age, regardless of income; to provide a complete homestead exemption from ad valorem taxes for educational purposes to certain residents of the Douglas County School District who are 70 years of age or over, regardless of income; to provide for definitions; to specify the terms and conditions ofthe exemptions adn the procedures relating thereto; to provide for a erferendum, effective dates, and automatic repeal; to repeal certain homestead exemptions for persons 65 years of age or over or 70 years of age or over; to repeal conflicting laws; and for other purposes. This 10th day of January, 1990. Honorable Thomas Kilgore, Representative, 42nd District. 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 11, 1990. /s/ Thomas M. Kilgore Representative, 42nd District

Page 3648

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 6, 1990. CITY OF HAPEVILLE MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS. No. 739 (House Bill No. 1850). AN ACT To amend an Act providing a new charter for the City of Hapeville, Georgia, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4599), so as to change the provisions relating to elections and terms of the members of the governing authority 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 Hapeville, Georgia, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4599), is amended by striking Section 3-102 thereof and inserting in its place a new section to read as follows: Section 3-102. Regular elections; terms. (a) After January 1, 1991, the general municipal election for the City of Hapeville shall be held on the Tuesday next following the first Monday in November in 1991 and on such day in each odd-numbered year thereafter.

Page 3649

(b) The three councilmembers, two of whom are from wards and one of whom is at-large, whose terms of office expire December 31, 1990, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Their successors shall be elected at the general municipal election which shall be held on the Tuesday next following the first Monday in November in 1990, and they shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 1993, and upon the election and qualification of their respective successors. All successors thereafter to the three councilmembers whose terms of office are to expire shall be elected in the general municipal election held immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (c) The mayor and alderman-at-large whose terms of office expire December 31, 1991, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Their successors shall be elected at the general municipal election which shall be held in 1991, shall take office the first day of January immediately following that election and shall serve for terms of office of four years each and until their respective successors are elected and qualified. All successors thereafter to the mayor and the alderman-at-large whose terms of office are to expire shall be elected at the general municipal election held immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. 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 1990 Session of the General Assembly of Georgia, a bill to

Page 3650

amend an Act providing for a new Charter for the City of Hapeville, Georgia, as amended, and for other purposes. FRANK E. COGGIN City Attorney 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: February 7, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 6, 1990. DOUGLAS COUNTY BOARD OF COMMISSIONERS; MEMBERSHIP; ELECTIONS; REFERENDUM. No. 740 (House Bill No. 1858). AN ACT To amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, so as to change the membership of the board; to

Page 3651

provide for a chairman and four members; to provide for commissioner districts; to provide for elections and qualifications; to provide for the current chairman and members of the board; to provide for related matters; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, is amended by striking Sections 2, 3, and 4 and inserting in their place new Sections 2, 3, and 4, respectively, to read as follows: Section 2. (a) There is created a Board of Commissioners of Douglas County which shall consist of four members and a chairman. In order to be eligible to hold the office of chairman or member of the board a person must have been a resident of Douglas County for 12 months preceding such person's election and must be a qualified voter entitled to vote for members of the General Assembly. The chairman shall be elected by a majority vote of the qualified voters of the entire county voting in an election for such office. A candidate for the office of chairman must be a resident of Douglas County at the time such person offers for election as chairman. Each candidate for membership on the board shall be elected by a majority vote of the electors of the commissioner district voting in an election for such office. Each candidate for membership on the board must be a resident of the commissioner district from which such candidate is to be elected at the time such person offers for election as a member of the board. Section 3. (a) For the purpose of electing members of the board of commissioners, Douglas County is divided into four commissioner districts as follows:

Page 3652

Commissioner District No. 1 Tract 801 Tract 802 Block Groups 1 through 3 Blocks 401 through 405, 408, and 409 Tract 803 Blocks 101 and 110 Blocks 401 and 402 Tract 806 That part of Block 101 which lies northeast of the Plantation Gas Transmission Line Blocks 102 through 105 That part of Block 108 which lies northeast of the Power Transmission Line Commissioner District No. 2 Tract 802 Blocks 406 and 407 Block Group 5 Tract 803 Block 111 Block Groups 2 and 3 Blocks 403, 411, and 412 Blocks 501 through 518, 520 through 526, and 534 through 540 Block Groups 6 and 7 Tract 805.02 Block 116 Tract 806 Blocks 201 and 202 Block Group 3 Blocks 401 through 409

Page 3653

Commissioner District No. 3 Tract 804 Blocks 512 through 515 and 521 through 524 Blocks 601 through 605, 619 through 623, and 631 through 634 Tract 805.01 Blocks 101 and 107 through 112 Blocks 508 and 511 through 515 Block Group 6 Tract 805.02 Blocks 101 through 115, 117 through 126, 136, and 137 Block Groups 2 through 4 Tract 806 That part of Block 101 which lies southwest of the Plantation Gas Transmission Line Block 106 and 107 That part of Block 108 which lies southwest of the Power Transmission Line Blocks 203 through 207 and 212 Blocks 420 through 442 Commissioner District No. 4 Tract 804 Block Groups 1 through 4 Blocks 501 through 511 and 516 through 520 Blocks 606 through 612, 615 through 618, 624 through 630, 635, 636, and 646 through 649

Page 3654

Tract 805.01 Blocks 102 through 106, 113 through 118, and 125 Block Groups 2 through 4 Blocks 501 through 507, 509, 510, and 516 (b) For the purposes of this section: (1) The terms `Census County Division,' `Tract,' `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Douglas County which is not included in any commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 4. (a) The chairman of the board of commissioners in office on January 1, 1990, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, the chairman shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. (b) The member of the board of commissioners in office on January 1, 1990, representing former Commissioner District No. 2, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1992. Such person shall be designated as the commissioner representing Commissioner District No. 2 as set forth in Section 3 of this Act. At the

Page 3655

general election in 1992 and every four years thereafter, a member of the board shall be elected from Commissioner District No. 2 pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. (c) The member of the board of commissioners in office on January 1, 1990, representing former Commissioner District No. 1, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1990. At the general election in 1990, a member of the board shall be elected from that district and shall serve for a term of two years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. At the general election in 1992, a member of the board shall be elected from Commissioner District No. 1 pursuant to this Act and shall serve for a term of two years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. At the general election in 1994 and every four years thereafter, a member of the board shall be elected from Commissioner District No. 1 pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. (d) At the general election in 1992, a member of the board shall be elected from Commissioner District No. 3 pursuant to this Act and a member of the board shall be elected from Commissioner District No. 4 pursuant to this Act. Such members shall serve for terms of two years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. At the general election in 1994, and every four years thereafter, a member of the board shall be elected from Commissioner District No. 3 pursuant to this Act and a member of the board shall be elected from Commissioner District No. 4 pursuant to this Act. Such members shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (e) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.'

Page 3656

Section 2. Said Act is further amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. The compensation of the chairman of the board shall be $36,000.00 per annum, to be paid in equal monthly installments from the general funds of Douglas County. He shall be paid for his expenses incurred on official business for the county not to exceed $300.00 per month. The other four members of the board shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments, and they shall be paid for expenses incurred on official business for the county not to exceed $300.00 per month. The expenses of all board members shall be subject to the approval of the entire board. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Douglas County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general primary in July, 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 Douglas County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the Board of Commissioners of Douglas County from a chairman and two members to a chairman and four members? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, 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 3657

The expense of such election shall be borne by Douglas County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. Except as otherwise provided in Section 3 of this Act, 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 1990 session of the General Assembly of Georgia a bill to amen an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703,) as amended; and for other purposes. This 3rd day of January, 1990. Honorable Thomas Kilgore, Representative, 42nd District. 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 4, 1990. /s/ Thomas M. Kilgore Representative, 42nd District

Page 3658

Sworn to and subscribed before me, this 8th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 6, 1990. DOUGLAS COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 741 (House Bill No. 1859). AN ACT To provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) Ad valorem taxes means all Douglas County ad valorem taxes except for ad valorem taxes for educational purposes levied by, for, or on behalf of the Douglas County School District, except taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40.

Page 3659

(3) Income means net income from all sources but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system except such income which is in excess of the maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. (4) Senior citizen means a person who is 65 years of age or over. Section 2. Each resident of Douglas County who is a senior citizen is granted an exemption on that person's homestead from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. Section 3. The tax commissioner of Douglas County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Douglas County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1991.

Page 3660

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Douglas County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general primary in July, 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 Douglas County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Douglas County ad valorem taxes, except taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of such homestead for certain residents of that district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 of this Act shall become of full force and effect immediately. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Douglas County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 3661

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 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Douglas County as valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of Dougals County who have annual incomes not exceeding $10,000.00 and who are 65 year of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for the other purposes. This 10th day of January, 1990. Honorable Thomas Kilgore, Representative, 42nd District. 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 11, 1990. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 6, 1990.

Page 3662

DOUGLAS COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 742 (House Bill No. 1861). AN ACT To provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) Ad valorem taxes means all Douglas County ad valorem taxes except for ad valorem taxes for educational purposes levied by, for, or on behalf of the Douglas County School District, and except for taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. Section 2. Each resident of Douglas County is granted an exemption on that person's homestead from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of that homestead. Section 3. The tax commissioner of Douglas County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the

Page 3663

owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Douglas County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1991. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Douglas County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general primary in July, 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 Douglas County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Douglas County ad valorem taxes except for taxes to retire bonded indebtedness in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas 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, then Sections 1 through 6 of this Act shall become of full force and effect immediately. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become

Page 3664

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 Douglas County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8. Except as otherwise provided in Section 7 of this Act, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1990. 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 4, 1990. /s/ Thomas M. Kilgore Representative, 42nd District

Page 3665

Sworn to and subscribed before me, this 8th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 6, 1990. CITY OF HAPEVILLE REDEVELOPMENT POWERS; REFERENDUM. No. 743 (House Bill No. 1930). AN ACT To amend an Act providing a new charter for the City of Hapeville, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the Redevelopment Powers Law; to provide for certain such powers; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Hapeville, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, is amended by adding at the end of Section 1-103 a new subsection to read as follows: (c) The City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the `Redevelopment Powers Law,' as now or

Page 3666

hereafter amended. 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 such `Redevelopment Powers Law. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hapeville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hapeville for approval or rejection. The election superintendent shall conduct that election on a date specified by the Mayor and Council of the City of Hapeville 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 authorizes the City of Hapeville to have and to exercise all redevelopment and other powers authorized or granted to 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 Hapeville. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 3667

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 1990 Session of the General Assembly of Georgia, a bill to amend an Act providing for a new Charter for the City of Hapeville, Georgia, as amended, and for other purposes. FRANK E. COGGIN City Attorney 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: February 7, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 6, 1990.

Page 3668

MURRAY COUNTY BOARD OF EDUCATION; POWERS; DUTIES; ELECTIONS; TERMS; REFERENDUM. No. 747 (House Bill No. 1953). AN ACT To continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board; to provide for education districts and members therefrom; to provide for qualifications, elections, and terms of office of members of that board; to provide for continuation in office of presently serving members; to provide for vacancies; to provide for a chairman; to provide for the applicability of certain constitutional and statutory provisions to that board; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Board of Education of Murray County existing immediately prior to the date this Act first becomes effective, which board was originally established under the local constitutional amendment proposed and ratified as Resolution Act No. 62 (H.R. No. 167-526a, Ga. L. 1957, p. 515), is continued in existence and constituted as provided in this Act. The Board of Education of Murray County so continued, sometimes referred to in this Act as the board, shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Murray County as existed immediately prior to the date this Act first becomes effective. Section 2. The Board of Education of Murray County continued by this Act shall continue to be composed of seven members, one member from the county at large and one member from each of the education districts described in Section 4 of this Act. Section 3. The at-large member of the board presently serving as such shall continue to serve out that person's term of office, which shall expire December 31, 1994, and upon the election and qualification of a successor. That successor shall be elected at

Page 3669

the November general election in 1994 and shall take office the first day of January immediately following that election and serve for a term of four years and until a successor is elected and qualified. Thereafter, a successor to the at-large member of the board whose term of office is to expire shall be elected at the November general election immediately preceding the expiration of such term and shall take office the first day of January immediately following that election and serve for a term of four years and until a successor is elected and qualified. Section 4. (a) For purposes of electing the remaining six members of the board, the Murray County school district shall be divided into six education districts as follows: Education District No. 1 Murray Tract 9903 Blocks 101 through 104, 106, and 107 That part of Block 108 which lies East of Holly Creek Blocks 160 through 165, 172, 173, 178, 179, and 183 Block Group 2 Tract 9904 Blocks 101, 102, and 106 through 132 Blocks 212 through 216 and 218 Education District No. 2 Murray Tract 9902 That part of Block 402 outside the City of Spring Place Blocks 403 through 426 Tract 9904 Blocks 103 through 105 Blocks 201 through 211, 217, and 219 through 231 Block Group 3

Page 3670

Education District No. 3 Murray Tract 9901 Blocks 101 through 116, 120 through 124, and 126 through 133 Block 219 Blocks 304 and 308 through 344 Block 405 Those parts of Blocks 419 and 420 inside the City of Eton Tract 9903 Block 105 Education District No. 4 Murray Tract 9901 Blocks 117 through 119 and 125 Blocks 201 through 218 and 220 through 227 Blocks 305 and 306 Blocks 401 through 404 and 406 through 418 Those parts of Blocks 419 and 420 outside the City of Eton Blocks 421 through 424 Tract 9902 Blocks 201, 206, and 207 Education District No. 5 Murray Tract 9901 Blocks 345 through 347 Block 426 Block Group 5

Page 3671

Tract 9903 That part of Block 108 which lies West of Holly Creek Blocks 109 through 128, 130 through 141, 145, 148 through 159, 166 through 171, and 174 through 176 Block 301 That part of Block 302 which lies inside the City of Spring Place That part of Block 302 outside the City of Chatsworth, that portion only which lies North of the Powerline Blocks 303 through 305, 309, and 314 through 319 Education District No. 6 Murray Tract 9901 Blocks 425 and 427 through 429 Tract 9902 Blocks 202 through 205 and 208 Blocks 301 through 316 Block 401 That part of Block 402 inside the City of Spring Place Tract 9903 That part of Block 302 inside the City of Spring Place That part of Block 302 outside the City of Chatsworth, that portion only which lies South of the Powerline Blocks 306 through 308, 311 through 313, and 320 through 323 (b) For the purposes of subsection (a) of this section: (1) The terms Tract, Census Tract, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.

Page 3672

(2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of the Murray County School District which is not included in any education district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 5. (a) One member of the Board of Education of Murray County shall be elected to represent each of the education districts described in Section 4 of this Act. A candidate offering for election to represent an education district shall be a resident of the education district at the time of qualifying as a candidate, and any person elected as a member of the board shall remain a resident of the education district which the person was elected to represent during the term of office. (b) Each member of the Board of Education of Murray County shall be elected by a majority of the voters voting within the entire Murray County school district. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 6. (a) Those members of the Board of Education of Murray County who are serving as such in education districts 1 through 6 when this Act first becomes effective shall serve out their respective terms of office and until their respective successors are elected and qualified. Their successors, who shall be the first persons elected pursuant to this Act, shall reside in and represent the correspondingly numbered education districts, but as such districts are described in Section 4 of this Act. (b) The first members elected to represent education districts 3 and 4 shall be elected at the November general election of 1992 and shall be the successors to the incumbent members of the Board of Education of Murray County whose regular terms of office expire on December 31, 1992.

Page 3673

(c) The first members elected to represent education districts 5 and 6 shall be elected at the November general election of 1994 and shall be the successors to the incumbent members of the Board of Education of Murray County, other than the at-large member, whose regular terms of office expire on December 31, 1994. (d) The first members elected to represent education districts 1 and 2 shall be elected at the November general election of 1996 and shall be the successors to the incumbent members of the Board of Education of Murray County whose regular terms of office expire on December 31, 1996. (e) The members of the Board of Education of Murray County elected pursuant to this section shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 7. In the event of a vacancy occurring in the membership of the Board of Education of Murray County for any reason other than expiration of term, that vacancy shall be filled as provided in this section: (1) If the vacancy occurs within the first four years of a six-year term of office but at least 35 days before the second November general election to be held within those first four years, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election to be held upon the same date as the next November general election following the vacancy and conducted within those first four years and at least 35 days after the vacancy occurs. The election superintendent of Murray County shall conduct that special election on the same date as that November general election and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special

Page 3674

election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified; (2) If the vacancy occurs within the first two years of a four-year term of office but at least 35 days before the November general election to be held within those first two years, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election to be held upon the same date as that November general election. The election superintendent of Murray County shall conduct that special election on the same date as that November general election and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified; (3) If the vacancy occurs at any time other than as specified in paragraph (1) or (2) of this section, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to serve out the remaining unexpired term and until a successor is elected and qualified; (4) Any person appointed or elected to fill a vacancy must meet the qualifications for the vacated position; any person elected to fill a vacancy in education district numbers 1 through 6 must reside in the education district that person is to represent but be elected by the qualified voters voting within the entire Murray County school district; and (5) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section.

Page 3675

Section 8. At the first meeting of the board in January, 1993, and at the first meeting in January in each odd-numbered year thereafter, the members of the board shall elect a chairman to serve for the next two years. In the event the membership position on the board occupied by the person elected as chairman becomes vacant for any reason, the remaining members of the board shall elect a person to serve as chairman for the unexpired term. Any member of the board shall be eligible to succeed himself as chairman. Section 9. The Board of Education of Murray County as continued and constituted by this Act shall be subject to all constitutional and statutory provisions relating to county boards of education unless those provisions are in conflict with this Act. Section 10. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November general state-wide 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 Murray County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the provisions relating to the elections and terms of office of the members of the Board of Education of Murray County and changes the provisions relating to vacancies in office? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, those provisions of this Act relating to and necessary for the election of members of the board at the November general election in 1992 shall become effective January 1, 1992, and the remaining provisions of this Act shall become effective January 1, 1993. If the Act is not so approved or if

Page 3676

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 Murray County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11. Section 10 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. The remaining Sections of this Act shall become effective as provided in Section 10 of this Act. Section 12. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to change the provisions relating to the Board of Education of Murray County; to provide for a referendum; and for other purposes. This 8th day of Feb. 1990. Honorable Charles Poag Representative, 3rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles N. 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: February 14, 1990. /s/ Charles N. Poag Representative, 3rd District

Page 3677

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 8, 1990. CITY OF ELLAVILLECITY CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES. No. 749 (Senate Bill No. 647). AN ACT To provide a new charter for the City of Ellaville; 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 a city manager; 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 for severability; to repeal conflicting laws; and for other purposes.

Page 3678

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Name. This city and the inhabitants thereof, are constituted and declared a body politic and corporate under the name and style Ellaville, 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 with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Ellaville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the 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.

Page 3679

(c) The powers of the government of the City of Ellaville to be exercised by the mayor and city council shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted 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

Page 3680

Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;

Page 3681

(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 municipal 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; (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;

Page 3682

(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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) 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; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure

Page 3683

which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, 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; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;

Page 3684

(32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, 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; (34) 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; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;

Page 3685

(36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (38) Taxes: Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by

Page 3686

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 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 five 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 the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

Page 3687

(b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled 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 and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.14. Conflicts of interest; holding of other offices. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate

Page 3688

for public office may accept campaign contributions and services in connection with any such campaign; or (5) Represent other private interests in any action or proceeding against this city or any portion of its government. (b) Disclosure. 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) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. 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) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.

Page 3689

(f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation: (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. 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, 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

Page 3690

may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES Section 2.18 . Organizational meetings. The city council shall hold an organizational meeting at the first regular meeting in January following the 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. Section 2.19 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law. (d) Notice of all meetings of city council shall be made public to the extent required by the laws of the State of Georgia, as now or hereafter amended. Section 2.20 . Rules of procedures. (a) The city council shall adopt its rules of procedure and order of business consistent

Page 3691

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 2.21 . Quorum; voting. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. The mayor shall not be counted toward a quorum. 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 a majority of councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (b) In case of a tie the mayor shall have the right to vote and any ordinance or other measure in such cases receiving the votes of two councilmembers and mayor shall be passed and held of full force and effect. In no case may the mayor have the right to vote upon any ordinance or measure except in the case of a tie, but it shall be his duty to vote in all cases when a tie arises whether with a full council present or not, and such vote when cast shall count as the vote of a councilmember in determining whether any ordinance has received the votes necessary to pass. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . Ordinance form; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Ellaville hereby ordains... and every ordinance shall so begin.

Page 3692

(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. Upon passage of any ordinance, the clerk shall as soon as possible authenticate and record such ordinance in accordance with the provisions of Section 2.26 of this charter. Section 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers. The city council may then adopt an emergency ordinance, but any emergency ordinance adopted pursuant to this section shall fully comply with all the requirements of Section 2.21 of this charter regarding a quorum and number of votes required for the adoption of any ordinance, resolution, or motion. An ordinance adopted pursuant to this section may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, by the affirmative vote of a majority of councilmembers present. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 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 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and

Page 3693

requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. Such book shall be available for public inspection during the normal working hours of the city clerk. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and 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 Ellaville, 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 currently 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

Page 3694

reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. City manager; appointment; qualifications; compensation. The mayor and city council shall appoint a city manager for an indefinite term and shall fix his compensation. The city manager shall be appointed solely on the basis of his executive and administrative qualifications. Section 2.28. Removal of city manager. (a) The mayor and city council may remove the city manager from office in accordance with the following procedures: (1) The mayor and city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 30 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he may file with the city clerk a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city clerk a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) above, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive his salary until the effective date of a final resolution of removal.

Page 3695

Section 2.29. Acting city manager. The mayor and city council may designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during the temporary absence or disability of the city manager. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his disability shall cease. Section 2.30. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the mayor and city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints except as otherwise provided by law, or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise provided by this charter or by law; (3) He shall attend all regular and special city council meetings and shall have the right to take part in discussion but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the mayor and city council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and

Page 3696

administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as he deems desirable; and (9) He shall perform such other duties as are specified in this charter or as may be required by the mayor and city council. Section 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the mayor and city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee either publicly or privately. Section 2.32. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of the city immediately preceding his election. He shall continue to reside in this city during the period of his service. He 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 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council;

Page 3697

(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; and (5) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. Section 2.34. Mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. ARTICLE III PART I ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other 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.

Page 3698

(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 city manager, 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 city manager with confirmation of appointment by the city council. The city manager may suspend or remove directors under his supervision but such suspension or removal shall not be effective for 14 calendar days following the city manager'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 city manager's action by a vote of four councilmembers. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this 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.

Page 3699

(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. PART II ADMINISTRATIVE OFFICERS Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13. City clerk. The city council 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

Page 3700

required by this charter, and perform such other duties as may be required by the city council. PART III PERSONNEL ADMINISTRATION Section 3.15. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.16. Personnel policies. The city manager shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

Page 3701

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 Ellaville. Section 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years 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 four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. Section 4.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; powers. (a) The municipal court shall have the power to try any cases involving violations of state law which are classified as misdemeanors under the laws of the State of Georgia as now or hereafter amended. (b) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

Page 3702

(c) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (d) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 30 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (e) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operations 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. (f) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash 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. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (g) The municipal court shall have the 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) 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

Page 3703

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 4.14. Appeal and certiorari. (a) A review on a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Schley County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding. (b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Schley County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations 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.

Page 3704

ARTICLE V ELECTIONS AND REMOVAL Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated), as now or hereafter amended. Section 5.11. Regular elections; time for holding. The city council shall cause an election to be held at the city hall or such other place in the city as the councilmembers shall direct and designate. The date of all general municipal elections occurring before January 1, 1993, shall be specified by municipal ordinances. All general municipal elections held subsequent to the above date shall be held on the Tuesday next following the first Monday in November in 1993, and on such day biennially thereafter. Each elected officer shall serve for a term of four years, the term beginning January 1, following such election. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. Section 5.12. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the city council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.13. Election by majority vote. (a) The councilmembers shall be elected from five council districts, from and by the voters of such council districts. A candidate for councilmember must be a resident and qualified voter of the council district he or she seeks to represent. The mayor shall be elected by the voters of the entire City of Ellaville and must be a resident and qualified voter of the city. (b) The mayor and councilmembers to serve in Posts 1 and 3 shall be elected in December of 1990 for terms of three years

Page 3705

and until their successors are elected and qualified. Thereafter, successors to the mayor and such councilmembers shall be elected for terms of four years as provided in Section 5.11 of this charter. The councilmembers to serve in Posts 2,4, and 5 shall be elected in December of 1991 for terms of four years and until their successors are elected and qualified and thereafter for terms of four years as provided in Section 5.11 of this charter. (c) The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant, for any cause whatsoever, the city council or those remaining shall order a special election 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 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.16. 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;

Page 3706

(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Knowingly violating Section 2.31 of this charter dealing with council interference with administration. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Schley 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 Schley County following a hearing on a complaint seeking such removal brought by any resident of the City of Ellaville. 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

Page 3707

by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage 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 taxes 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 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,

Page 3708

transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. 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, 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. 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 charter 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

Page 3709

required to pay the taxes or fees imposed, and providing for the assignment or transfer of tax executions. Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the 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. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. Section 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments

Page 3710

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. Action by city council on operating budget and capital improvements budget. (a) The city council may amend the operating budget proposed by the city manager; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. (d) On or before the date fixed by the city council, but no later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement,

Page 3711

unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (e) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.26. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special meeting or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.27. 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 expenses of the general government of this city. Section 6.28. Independent 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 6.29. Contracting procedures. No contract with the city shall be binding on the city unless:

Page 3712

(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 6.20 of this charter. Section 6.30. Centralized purchasing. The city council shall 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 report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the 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.

Page 3713

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. 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. Existing personnel and officers. Except as otherwise specifically provided by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 14 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.13. Pending matters. Except as otherwise specifically provided by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.14. Construction. (a) Section captions in this charter are informative only and 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.

Page 3714

Section 7.15. Severability. In the event any section, subsection, sentence, clause, or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this charter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.16. Repealer. An Act incorporating the City of Ellaville in the County of Schley, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 4455 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a new Charter for the City of Ellaville; and for other purposes. This 8th day of January, 1990 JON L COOGLE Attorney for the City of Ellaville Schley County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder

Page 3715

which is the official organ of Schley County, on the following date: January 12, 1990. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. FULTON COUNTY LIBRARY SYSTEM; TRUSTEES; PER DIEM. No. 752 (Senate Bill No. 724). AN ACT To amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), so as to provide that a per diem allowance may be paid to certain members of the board of trustees; to provide 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 county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), is amended by adding at the end of Section 4 a new subsection (h) to read as follows:

Page 3716

(h) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they may attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton 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 given that there will be introduced in the regular session of the Georgia General Assembly, a bill to amend Ga. Law 1982 and 1988 to provide members of the Fulton County Library Board of Trustees a per diem allowance for each meeting of the Board of Trustee and to repeal conflicting laws. This 2nd day of February, 1990. Honorable Horace Tate Senator, 38th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Horace E. 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 Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 6, 1990. /s/ Horace E. Tate Senator, 38th District

Page 3717

Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY CIVIL PENALTIES. No. 755 (Senate Bill No. 624). AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4824), so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day; 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 known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved April 11, 1973 (Ga. L. 1973, p. 2603), an Act approved February 24, 1983 (Ga. L. 1983, p. 3509), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4824), is amended by striking Section 4.5(g) in its entirety and inserting in lieu thereof a new Section 4.5(g) to read as follows:

Page 3718

Section 4.5(g). Said Authority is authorized to: (1) qualify, apply for and obtain a license(s) or permit(s), known as National Pollution Discharge Elimination System (N.P.D.E.S.) permit, and/or monetary grants for the collection, treatment and discharge of waste waters pursuant to the provisions of the `Federal Water Pollution Control Act,' as amended, (Title 33, Section 1251 Et. Seq. USC) and the `Georgia Water Quality Control Act,' as amended, (Section 12-5-20 Et. Seq. Official Code of Georgia Annotated) and the respective regulations adopted pursuant thereto; (2) by regulations provide for the adoption, promulgation, administration, setting of standards and provisions for, regulating, enforcing, amending, monitoring and compelling compliance with the terms, conditions and provisions of a Pretreatment Program pertaining to the pretreatment of industrial waste water effluent that is to be delivered into the Authority's sewerage system and is to be treated by the waste water treatment facilities of such Authority, which Pretreatment Program shall include and comply with all requirements and provisions applicable thereto as set forth in both said `Federal Water Pollution Control Act,' as amended, and the `Georgia Water Quality Control Act,' as amended, and the respective regulations thereto; and additional restrictions that are required in order to allow the Authority to comply with their N.P.D.E.S. permit; provided, however, any regulations issued subsequent to the initial regulations issued pursuant to the authority herein or any amendment to such initial regulations shall not go into effect until notice thereof has been advertised in the official organ of Bibb County at least twice not later than 15 days prior to the effective date thereof and providing an opportunity for interested parties to be heard thereon at least five days before such effective date; (3) make application to Superior Court of Bibb County, Georgia for injunctive relief against any person who has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of such Pretreatment Regulations, seeking an order enjoining and restraining such act or practice. Upon a showing by the Authority that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law; (4) to provide that any person, firm or corporation that fails to comply with any of the pretreatment standards or requirements

Page 3719

set forth in such Pretreatment Regulations shall be liable to civil penalty not to exceed $1,000.00 per day for each day during which such noncompliance continues. The General Manager of said Authority (or such other employee the Authority designates), after a hearing, shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his order imposing such civil penalties as provided hereinbefore. Any person so penalized pursuant hereto is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 Official Code of Georgia Annotated; the venue shall be in the Superior Court of Bibb County. All penalties recovered by the General Manager or such other employee designated by the Authority, as provided herein shall be paid into the general treasury of the Authority and to the credit of its general fund; (5) In any instance of an emergency, where there is a violation of a regulation of the Pretreatment Program of the Authority, or otherwise, a condition exists which presently causes, or the continuance of which is (1) a present danger to the life or health of persons or (2) permanently and seriously damaging (a) water treatment, or water quality equipment or facilities or (b) waste water treatment, or waste water equipment or facilities, the General Manager (or such other employee as the Authority designates) is authorized to immediately terminate water and/or sewer service as is necessary to stop and eliminate such danger and/or damage. Upon the issuance of any order assessing a civil penalty, as aforesaid, and after the expiration of 30 days following the date of any such order, with no appeal taken as provided in Code Section 50-13-19 of the O.C.G.A., the Authority, through and by its general manager (or such other employee as the Authority designates) shall have the right and power to issue executions on any such order assessing a civil penalty, and in the amount thereof, which execution shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity and having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bibb.

Page 3720

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. STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, LOUISE L. WILSON, 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: 12/2 SIGNED Louise L. Wilson SWORN TO AND SUBSCRIBED BEFORE ME THIS 02 DAY OF DECEMBER, 1989 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA My Commission Expires October 5, 1993 JONES, CORK MILLER 500 TRUST CO. BANK BLDG. MACON GA 31298 GEORGIA, BIBB COUNTY MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY-INCREASE IN CIVIL PENALTY FOR VIOLATIONS OF WASTEWATER PRETREATMENT REGULATIONS FROM MAXIMUM OF $750.00 PER DAY TO $1,000.00 PER DAY.

Page 3721

AN ACT To amend an Act known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (1966 Ga. L. 2737), as amended, particularly by an Act approved April 11, 1973 (1973 Ga. L. 2603), an Act approved February 24, 1983 (1983 Ga. L. 3509), and an Act approved March 30, 1987 (1987 Ga. L. 4824), so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day; 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 known as the Macon-Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (1966 Ga. L. 2737), as amended, particularly by an Act approved April 11, 1973 (1973 Ga. L. 2603), an Act approved February 24, 1983 (1983 Ga. L. 3509), and an Act approved March 30, 1987 (1987 Ga. L. 4824) is amended by deleting from Section 4.5 (g) 750.00 and inserting in lieu thereof $1,000.00 so that when so amended, Section 4.5 (g) shall read as follows: (g) Said Authority is authorized to: (1) qualify, apply for and obtain a license(s) or permit(s) known as National Pollution Discharge Elimination System (N.P.D.E.S.) permit, and/or monetary grants for the collection, treatment and discharge of waste waters pursuant to the provisions of the `Federal Water Pollution Control Act,' as amended, (Title 33, Section 1251 Et, Seq. USC) and the `Georgia Water Quality Control Act,' as amended, (Section 12-5-20 Et. Seq. Official Code of Georgia Annotated) and the respective regulations adopted pursuant thereto; (2) by regulations provide for the adoption, promulgation, administration, setting of standards and provisions for, regulating, enforcing, amending, monitoring and compelling compliance with the terms, conditions and provisions of a Pretreatment Program pertaining to the pretreatment of industrial waste water effluent that is to be delivered into the Authority's sewerage system and is to be treated by the waste water treatment facilities of such Authority, which Pretreatment Program shall include and comply with all requirements and provisions applicable thereto as set forth in both said `Federal Water Pollution Control Act,' as amended, and the `Georgia Water

Page 3722

Quality Control Act,' as amended, and the respective regulations thereto; and additional restrictions that are required in order to allow the Authority to comply with their N.P.D.E.S. permit; provided, however, any regulations issued subsequent to the initial regulations issued pursuant to the authority herein or any amendment to such initial regulations shall not go into effect until notice thereof has been advertised in the official organ of Bibb County at least twice not later than 15 days prior to the effective date thereof and providing an opportunity for interested parties to be heard thereon at least five days before such effective date; (3) make application to Superior Court of Bibb County, Georgia for injunctive relief against any person who has engated in or is about to engaged in any act or practice which constitutes or will consistute a violation of any provision of such Pretreatment Regulations, or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law; (4) to provide that any person, firm or corporation that falls to comply with any of the pretreatment standards or requirements set forth in such Pretreatment Regulations shall be liable to civil penalty not to exceed $1,000.00 per day for each day during which such noncompliance continues. The General Manager of said Authority (or such other employee the Authority designated), after a hearing, shall determine whether or not any such person is in noncompliance of any such standard or requirement and may, upon a proper finding, issue his order imposing such civil penalties as provided hereinbefore. Any person so penalized pursuant hereto is entitled to judicial review. In this connection, all hearings and proceedings for judicial review shall be in accordance with Code Section 50-13-19 Official Code of Georgia Annotated; the venue shall be in the Superior Court of Bibb County. All penalties recovered by the General Manager or such other employee designated by the Authority, as provided herein shall be paid into the general treasury of the Authority and to the credit of its general fund; (5) In any instance of an emergency, where there is a violation of a regulation of the Pretreatment Program of the Authority, or otherwise, a condition exists which presently causes, or the continuance of which is (2) permanently and seriously damaging (a) water treatment, or water quality equipment or facilities or (b) waste water treatment, or waste water equipment or facilities, the General Manager (or such other employee as the Authority designates) is authorized to immediately terminate water and/or sewer service as is necessary to stop and eliminate such danger and/or damage.

Page 3723

Upon the issuance of the any order assessing a civil penalty, as aforesaid, and after the expiration of 30 days following the date of any such order, with no appeal taken as provided in Code Section 50-13-19 of the O.C.G.A., the Authority, through and by its general manager (or such other employee as the Authority designates) shall have the right and power to issue executions on any such order assessing a civil penalty, and in the amount thereof, which execution shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes, rights, and power as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bibb. Section 2. This Act shall become effective upon its aproval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of law in conflict with this Act are repealed. NOTICE OF INTENTION TO ENACT LEGISLATION Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia, notice is hereby given that application will be made to the 1990 section of the General Assembly of the State of Georgia to amend an Act entitled Macon-Bibb County Water and Sewerage Authority Act (1966 Ga. L. 2737), as amended. The purpose of said proposed legislation will be to amend Section 4.5 (g)of said Act so as to provide that the maximum civil penalty for violations of wastewater pretreatment regulations shall be $1,000.00 per day instead of the present maximum of $750.00 per day. This 24th day of November, 1989. /s/ CRAIG N. COWART Attorney for Macon-Bibb County Water and Sewerage Authority

Page 3724

12/2-6436(18761) Approved March 13, 1990. MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITYEMPLOYEES PENSION PLAN; BENEFITS; CUSTODIAN. No. 756 (Senate Bill No. 659). 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 change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3725

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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.), 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. Pension Fund. Custodian. Investment of Pension Fund. The contributions of members of the plan, as well as the income and return from investments hereinafter authorized, shall constitute the pension fund for this plan and shall be held in trust for payments pursuant to this plan, and all payments becoming due under the pension and retirement plan established hereby shall be solely payable therefrom. All such funds shall be initially paid over to the business operations director of the board and, until changed by the board, the business operations director of the board shall be the custodian of the pension fund; and while the same is in his possession the bond of the business operations director shall be liable for the safekeeping thereof.

Page 3726

The board is authorized, in its discretion, and from time to time, to appoint, subject to revocation at any time and subject to such guard for safekeeping as the board may prescribe, one or more state or national banks having places of business in the State of Georgia, and maintaining an active trust department, as custodian of said fund, in whole or in part, and for purposes of disbursement pursuant to this Act and the order of the board and/or for purposes of investment of such fund, and agree to the fee or charge for such services of such custodian or custodians; the purpose or purposes for which the custodian or custodians is or are appointed to be stated in writing by the board at the time of appointment, which statement shall be recorded on the official minutes of said board and a copy thereof delivered to the custodian or custodians. The board or a designated member of the board shall have authority and discretion, to be exercised at any time and from time to time, to invest all or any part of the fund as follows: (a) As provided the then effective laws of Georgia for investments by trustees or investments by guardians without court order or proceedings; (b) As provided by the then effective laws of Georgia for investments by trustees or by guardians with court order and after the board has first obtained such court order; (c) Without court order and without authority or permission of any kind, other than herein given, in stocks, bonds and securities then approved as investments of common trust funds by an active trust department of any state or national bank having a place of business in the State of Georgia. The board may at any time, and from time to time, delegate, subject to immediate revocation, the aforesaid powers of investment to the then custodian of the fund, or any portion of the fund; but no investment by the custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or guardians without court order shall be made except upon written approval, of each specific investment, by the board or by the member of the board designated for the purpose of supervising such investments.

Page 3727

Fees or other charges made by the custodian and/or investment custodian with the approval of the board shall be payable from the pension fund. 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 the provisions of section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 1990 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled Macon Water CommissionersPension Plan, approved December 30, 1953 (Ga. L. 1953, page 2831, et. seq.) as amended by an Act entitled City of MaconBoard of Water Commissioners Retirement System Amended, approved March 10, 1964 (Ga. L. 1964, page 2695, et. seq.) as amended by an Act entitled City of MaconBoard of Water Commissioners Retirement System Amended, approved March 10, 1970 (Ga. L. 1970, page 2324, et. seq.) as amended by an Ordinance of the City of MaconCharter AmendedWater Commissioners Pension Plan Amended, filed in the office of the Secretary of State on June 1, 1973 (Ga. L. 1973, page 4088, et. seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Act Amended, approved April 6, 1981 (Ga. L. page 3464, et. seq.) as amended by an Act entitled Macon-Bibb County Water Sewerage Authority Employees' Pension PlanAmended, approved April 12, 1982 (Ga. L. 1982, page 4157, et. seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension PlanAmended, approved March 14, 1983 (Ga. L. 1083, page 3967, et. seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension PlanAmended, approved March 27, 1985 (Ga. L. 1985, page 4543, et. seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan

Page 3728

Benefits, approved January 28, 1988 (Ga. L. 1988, page 4872, et. seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees Pension Plan, approved March 22, 1989 (Ga. L. 1989, page 4202, et. seq.) so as to amend Section 5 of said Act to change the qualifications of the custodian of the pension fund; to provide an effective date; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1990. W. WARREN PLOWDEN, JR. Attorney for Macon-Bibb County Water Sewerage Authority 1/6 - 6650(24207) STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, OTHNIEL W. McGEHEE JR., 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: 01/6 SIGNED Othniel McGehee SWORN TO AND SUBSCRIBED BEFORE ME THIS 06 DAY OF JANUARY, 1990 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA My Commission Expires October 5, 1993 JONES, CORK MILLER 500 TRUST CO. BANK BLDG.
Page 3729

MACON GA 31298 Approved March 13, 1990. PIERCE COUNTY STATE COURT; JUDGE; SOLICITOR; SALARY. No. 757 (Senate Bill No. 675). AN ACT To amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), so as to change the compensation of the judge and solicitor of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), is amended by striking Section 2A and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The judge of the State Court of Pierce County shall receive a salary of $10,500.00 per annum. Section 2. Said Act is further amended by striking Section 4A and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The solicitor of the State Court of Pierce County shall receive a salary of $10,500.00 per annum.

Page 3730

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 1990 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), so as to change the compensation of the judge and solicitor of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. This 16th day of January, 1990. EARL ECHOLS, JR. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pierce County Press which is the official organ of Pierce County, on the following date: January 24, 1990. /s/ Earl Echols, Jr. Senator, 6th District

Page 3731

Sworn to and subscribed before me, this 30th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. IRWIN COUNTY DEPUTY SHERIFFS; COMPENSATION; APPOINTMENTS. No. 758 (Senate Bill No. 685). AN ACT To amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended, particularly by an Act approved February 18, 1977 (Ga. L. 1977, p. 2712), an Act approved April 12, 1982 (Ga. L. 1982, p. 4055), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4403), so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriffs under certain conditions; 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 of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended, particularly by an Act approved February 18, 1977 (Ga. L. 1977, p. 2712), an Act approved April 12, 1982 (Ga. L. 1982, p. 4055), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4403), is amended by striking Section

Page 3732

6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The sheriff of Irwin County shall appoint one deputy who shall have the same qualifications as the sheriff. The exact amount of salary to be received by said deputy shall be recommended by the sheriff and determined by the governing authority of Irwin County. The deputy shall be paid in equal monthly installments from funds of Irwin County. It shall be within the power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as such deputy and to prescribe his duties and assignments. The sheriff of Irwin County may remove such deputy at any time with or without cause. Section 2. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. The sheriff of Irwin County may appoint additional deputies from time to time, as the need for said deputies may arise, under the following conditions: (1) The deputies must be qualified under Georgia law; (2) The number of deputies if and when needed are to be determined upon a recommendation from the sheriff of said county to the governing authority of Irwin County which shall make the final decision concerning the number of deputies at any given time; (3) The salaries of the deputies shall be determined upon a recommendation by the sheriff of said county to the governing authority of Irwin County which shall make the final decision as to the amount of said salaries; (4) The deputies shall be paid in equal monthly installments from the funds of Irwin County; (5) It shall be within the power of the sheriff during his term of office to designate and name the persons who shall be so employed as such deputies and to prescribe their duties and assignments;

Page 3733

(6) The sheriff may remove such deputies at any time with or without cause. 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 ON INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly a bill to amend an act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966, (Ga. Laws 1966, p. 2241) as amended, so as to change the method of determining the number of deputy sheriffs and the method of setting the salary of the deputy sheriffs of Irwin County, Georgia, to provide an effective date, to repeal conflicting laws, and for other purposes. A copy of the Resolution is as follows: Be it resolved by the Board of Commissioners of Irwin County, Georgia, in a special call meeting assembled, that State Senator Rooney Bowen and Representative Paul Branch be contacted and requested to introduce local legislation that would authorize the sheriff of Irwin County, Georgia, to appoint deputies and recommend their salaries with the number of deputies and the amount of their annual salaries to be approved by said Board of Commissioners of Irwin County. This 26th day of January, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney Bowen, who, on oath, deposes and says that he is Senator from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following date: February 1, 1990.

Page 3734

/s/ Rooney Bowen Senator, 13th District Sworn to and subscribed before me, this 2nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF GRIFFIN BOARD OF COMMISSIONERS; TAXATION AND FINANCE POWERS; HOMESTEAD EXEMPTION; REFERENDUM. No. 759 (Senate Bill No. 713). AN ACT To amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation; to provide the amount of and qualifications for said exemptions; to provide for all matters related to the foregoing; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is

Page 3735

amended by striking Sections 24, 25, 26, 27, and 28, relating to the powers of taxation, in their entirety and substituting in lieu thereof the following: Section 24. Taxation and Finance. (a) Property tax. The board of commissioners 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, for providing governmental services, for the repayment of principal and interest on general obligations, and for other public purposes as determined by the board of commissioners in its discretion. (b) Millage rate; due dates; payment methods. The board of commissioners, by ordinance, shall establish for the city ad valorem tax a millage rate, a due date, and in what length of time these taxes must be paid. The board of commissioners, 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. (c) Homestead exemption. The homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who received less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from ad valorem taxation by the city. For purposes of this provision, `homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., but shall not include more than the residence and three acres of land. A person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax collector of the city shall require appropriate proof of such disability, including, if necessary, the affidavits of not more than two licensed physicians as to the person's disability. The exemptions granted in this section shall apply only to ad valorem taxes levied by the city, including, but not limited to, taxes levied to retire general obligation indebtedness. The exemptions granted in this section shall apply to taxes for the year 1990 and future years.

Page 3736

(d) Occupation and business taxes. The board of commissioners, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The board of commissioners may classify businesses and assess different taxes and fees against different classes of businesses being carried on in the city, based upon any one or combination of the following criteria: (1) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.; (2) Square footage; (3) Number of employees; (4) Fixed fee; or (5) Any other criterion reasonably related to the purpose of this provision. (e) Licenses; permits; fees. The board of commissioners, by ordinance, shall have the power to require individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for 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 subsection (j) of this section. The board of commissioners, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. (f) Franchises. The board of commissioners shall have the power to grant franchises for the use of the city's streets, alleys, rights of way, and other publicly owned facilities for such purposes as said board deems in its discretion to be in furtherance of the public interest. The board of commissioners shall determine the duration, the provisions, the terms, whether the same

Page 3737

shall be exclusive or nonexclusive, and the consideration for such franchises. (g) Service charges. The board of commissioners, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, and health services and any other services rendered within and outside the corporate limits of the city. If unpaid, such charges shall be collected as provided in subsection (j) of this section. (h) Special assessments. The board of commissioners, 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, sewer, or other utility mains and appurtenances from the abutting property owners benefited thereby under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in subsection (j) of this section. (i) Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by general state law, and the specific mention of any right, power, or authority in this charter provision shall not be construed as limiting in any way the general powers of the city to govern its local affairs. (j) Collection of delinquent taxes, fees and assessments. The board of commissioners, 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, fees, or assessments 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, fees, or assessments imposed; revoking city licenses for failure to pay any city taxes, fees, or assessments; allowing exceptions for hardship; and providing for the assignment or transfer of the executions. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Griffin shall call and conduct an election as provided in this section for the purpose of submitting this Act to the

Page 3738

electors of the City of Griffin for approval or rejection. The municipal election superintendent shall conduct that election on the date of the general primary in 1990 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Spalding County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from City of Griffin ad valorem taxation? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then subsection (c) of Section 1 of this Act shall become effective immediately; otherwise, said subsection (c) of Section 1 of this Act shall be void and automatically repealed upon certification of the results of the election under this section. The expense of such election shall be borne by the City of Griffin. The municipal election superintendent shall hold and conduct the election and 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 1990 session of the General Assembly of Georgia a bill to amend the Charter of the City of Griffin so as to define the taxation and

Page 3739

finance powers of the board of commissioners of said city; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specllfied income shall be entirely exempt fom City of Griffin ad valorem taxation; to provide for a refendum; to repeal conflicting laws; and for other purposes. This 26th day of January, 1990 J. ROBERT GATLIN, CLERK Board of Commissioners City of Griffin 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 Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: January 29, 1990. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3740

COBB COUNTY STATE COURT; CHIEF JUDGE. No. 760 (Senate Bill No. 722). 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 change the provisions relating to the position of chief judge of the State Court of Cobb County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking the paragraph at the end of Section 3, which reads 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 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., and inserting in lieu thereof a new paragraph to read as follows:

Page 3741

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. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. 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 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. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 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. 1964, p. 3211), as amended and for other purposes. This 29th day of December, 1989.

Page 3742

/s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3743

COBB COUNTY PROBATE COURT; JUDGE; CLERK; SALARY. No. 761 (Senate Bill No. 743). 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 30, 1989 (Ga. L. 1989, p. 4772), 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 30, 1989 (Ga. L. 1989, p. 4772), 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 $67,047.75, 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 $43,659.00 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.

Page 3744

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 1990 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to salary system, approved February 9, 1949 (Ga. L. 1949, p. 428) as amended, and for other purposes. This 29th day of December, 1989. /s/Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989.

Page 3745

/s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. GORDON COUNTY BOARD OF COMMISSIONERS; CREATION; ELECTION; REFERENDUM. No. 762 (Senate Bill No. 748). AN ACT To amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of commissioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission 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 for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Governing authority. (a) There is created the Board of Commissioners of Gordon County to be elected and

Page 3746

organized as provided in this Act. There is created the office of chairman of the Board of Commissioners of Gordon County. The chairman shall be a member of the board and shall be elected as provided in this Act. (b) The Board of Commissioners of Gordon County, hereinafter referred to as the board, and the chairman of the Board of Commissioners of Gordon County, hereinafter referred to as the chairman, shall constitute the governing authority of Gordon County, and the respective powers and duties of the board and the chairman shall be as provided in this Act. Section 2. The board of commissioners. (a) The board of commissioners shall consist of six members. There shall be five district commissioners and one at-large commissioner who shall be the chairman. (b) For the purpose of electing the five district commissioners, Gordon County shall be divided into five commission districts as provided in Section 17 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 commission 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 county at large. The chairman shall be elected by a majority of the electors voting within the county at large. Any commissioners who cease to be residents of their respective commission districts, or resident of the county in the case of the chairman, during their terms of office shall thereby vacate their seats on the board. All members of the board shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as now or hereafter amended. Section 3. Establishment of board. The members of the Board of Commissioners of Gordon County who are in office on April 1, 1991, shall continue to serve for the remainder of their unexpired terms of office and until their respective successors are elected and qualified. At the November general election in 1992, a chairman and members from Commission Districts 1, 3, and 5 shall be elected for terms of four years each and until their respective successors are elected and qualified. At the November general election

Page 3747

in 1994, members from Commission Districts 2 and 4 shall be elected for terms of four years each and until their respective successors are elected and qualified. All members shall take office on the first day of January immediately following their election. Section 4. Chairman. (a) The chairman of the board shall be a citizen of this state, shall be at least 30 years of age, shall have at least five years of experience in a supervisory capacity as an employee, director, administrator, or manager of a city or county government or a state or federal agency or equivalent experience in the private sector or any combination thereof, and shall have been a resident of Gordon County for at least one year 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 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as now or hereafter amended. (b) It shall be the duty of the chairman to attend appropriate educational seminars relating to the operation of county government. Section 5. Vacancies. (a) Vacancies on the board 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 board or in the office of chairman when at least 180 days remain in the unexpired term of office, the election superintendent of Gordon 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 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as now or hereafter amended. If the vacancy is in the office of chairman, the members of the board 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 in this subsection.

Page 3748

(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 board shall select one of their members to exercise the powers and duties of the chairman for the remainder of the unexpired term. (d) In the event a vacancy occurs on the board when less than 180 days remain in the unexpired term of office, the remaining members of the board shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this section 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 board shall subscribe to an oath before the judge of the Probate Court of Gordon 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 Gordon County, and payable to the judge of the Probate Court of Gordon County and filed in the office of the judge of the Probate Court of Gordon County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the board 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 Gordon County in an amount equal to the highest total, annual compensation paid under general or local law to the sheriff, clerk of the superior court, judge of the probate court, or tax commissioner of Gordon County. The chairman shall also be furnished with the use of an automobile provided by the county at county expense. (b) Each member of the board other than the chairman shall receive $100.00 for attending each regular meeting of the board, payable monthly from funds of Gordon County. (c) In addition to said salaries, the chairman shall receive an expense allowance account of $3,000.00 per year from county

Page 3749

funds, and each other member of the board shall receive an expense allowance account of $1,200.00 per year from county funds. The chairman and other members of the board 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 board 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. Secton 8. Powers and duties of the board. (a). The board 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 board 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 board by this Act shall be subject to the limitations provided in Section 16 of this Act. The following powers are vested in the board: (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 board for subdivisions have been met;

Page 3750

(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 a 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 Gordon 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 3751

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 board. Said board shall be further authorized to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county 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 board 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 board 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 Gordon 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 board. 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 board; (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 Constitution of the State of Georgia of 1983;

Page 3752

(20) To take any action permitted by Article IX, Section II, Paragraph III of the Constitution of the State of Georgia of 1983; (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 Constitution of the State of Georgia of 1983; 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 board 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 board, 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, electricity, 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

Page 3753

all such vehicles, including limitation of travel to one direction and including markings, signals, and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping, and standing of all such vehicles on or adjacent to such streets and public places; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets 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 board is authorized to adopt as county ordinances all or such portions of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, as to the board may seem appropriate; and the board may adopt other additional ordinances and regulations, not in conflict with Title 40 of the Official Code of Georgia Annotated, and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this section;

Page 3754

(2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the Gordon 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 Gordon County Board of Health within the unincorporated area of Gordon County, but to provide for the implementation of same through the ordinances of the board of commissioners, and to promote more adequate health and quarantine provisions in said county, and to that end the board of commissioners is authorized to adopt all or any portion of the regulations of the Gordon 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 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),

Page 3755

and all other lawful ordinances adopted by the board pursuant to this or any other law in force in said county; (5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds, and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof; (6) To prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (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 Gordon County which, while not constituting an offense against the general laws of this state, is deemed by the board to be detrimental and offensive to the peace, good order, and dignity of Gordon County and to the welfare and morals of the citizens thereof. (c) The board is authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the board 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.

Page 3756

Section 9. Audits. The board may have the books and the accounts of the tax commissioner, custodian of county funds, sheriff, 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 Gordon 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 Gordon 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 board 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 board. (b) The vice chairman shall preside at meetings of the board, in the absence of the chairman of the board of commissioners. Section 11. Meetings. The board shall hold regular evening meetings on the first Tuesday of each month at the county seat, unless changed by a majority vote of the board, 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 board, 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 board except in a meeting which is held in compliance with Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open meetings. Any four members of the board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the board. 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 board when such ordinances, policies, rules, and regulations become effective. Members of the board shall deal solely through the chairman in all matters concerning

Page 3757

the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board 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 board, 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 four members of the board. (d) Subject to budgetary limitations and any Gordon 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 may, at such officer's discretion, preside at any regular or specially called meeting of the board and may vote on all matters before the board for a vote. The chairman may convene special meetings of the board 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 board by subpoena, when deemed necessary, subject to the policy of the board 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 board or by Acts of

Page 3758

the General Assembly, relating to the affairs of the county and to report thereon to the board. (h) The chairman shall represent the county in intergovernmental 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 board 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 Gordon County. Said published 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 board. (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 board 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 board unless superseded by the board. Section 13. Budgeting; control of expenditures. (a) The county will comply with Chapter 81 of Title 36 of the Official Code of Georgia Annotated, 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

Page 3759

funds expected to be available to the county for the following calendar year and shall include proposed expenditures for capital outlay and public works projects. The chairman shall submit to the board 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 board, the chairman shall cause to be published in the official organ of Gordon County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the Official Code of Georgia Annotated. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board 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 board may deem necessary to maintain the county in sound financial condition. The board 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 board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following calendar year by not later than June 30. (d) The final budget adopted by the board shall constitute the board'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 board taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Gordon 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 board 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 board and any amendment to or revision of the budget shall be transmitted by the chairman to the grand jury of the Superior Court of Gordon County then in session.

Page 3760

(f) No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. 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 14. Clerk. Subject to confirmation by the board, the chairman is authorized to appoint a clerk of Gordon County. Any citizen of said county, other than a member of the board, shall be eligible to hold said office of clerk of said board and shall receive a salary for his or her services to be fixed by the board, which salary shall be paid in equal monthly installments. Said clerk before entering upon his or her duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his or her surety, in the sum of $50,000.00, to be approved by the board, the premium on said bond to be paid by the county, payable to the judge of the probate court of said county and the judge's successors in office and conditioned upon the faithful performance of the clerk's duties as such clerk and to account for any and all funds, property, or effects which may come into his or her 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 the judge's minutes and may be sued on in like manner as the bond of the members of the board of commissioners. The clerk shall keep minutes of all meetings of the board, an inventory of all properties, and such books and records as may be required of the clerk by the board and do such other acts and things as may be required of the clerk by law or by the board. Section 15. Records; minutes. The clerk of the board shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the board, in chronological order. The minute books of the board 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 board in an amount sufficient to defray the cost of preparing same. Section 16. Limitations on powers. No power or combination of powers vested in the board by Section 8 or any other

Page 3761

provision of this Act may be exercised in any manner to amend, change, supersede, or repeal, directly or indirectly, any powers vested in the chairman by this Act. Section 17. Commission district. For purposes of the election of members of the board of commissioners, Gordon County is divided into five commission districts as follows: Commission District 1 shall include the territory of Gordon County embraced within Voting Precinct 1055, Plainville; Voting Precinct 1064, Oostanaula; and Voting Precinct 1054, Sugar Valley. Commission District 2 shall include the territory of Gordon County embraced within Voting Precinct 1595, Hill City; Voting Precinct 980, Resaca; and Voting Precinct 1063, Pine Chapel. Commission District 3 shall include the territory of Gordon County embraced within Voting Precinct 849, Calhoun. Commission District 4 shall include the territory of Gordon County embraced within Voting Precinct 973, Red Bud; Voting Precinct 1056, Sonoraville; and Voting Precinct 856, Lily Pond. Commission District 5 shall include the territory of Gordon County embraced within Voting Precinct 874, Fairmount; Voting Precinct 1057, Ranger; and Voting Precinct 1235, Oakman. Section 18. Specific repealer. An Act creating the office of commissioner of Gordon County (now Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, is repealed in its entirety. Section 19. Severability. 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 20. Referendum. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gordon County shall call and conduct an election as provided in this section for the purpose of submitting this Act to

Page 3762

the electors of Gordon County for approval or rejection. The election superintendent shall conduct that election on November 6, 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 Gordon County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a new Board of Commissioners of Gordon County and which creates the office of chairman of the Board of Commissioners of Gordon County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 19 of this Act shall become of full force and effect immediately solely for the purpose of conducting elections required by Section 3 of this Act in 1992 and shall become effective for all purposes on January 1, 1993. 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 Gordon County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 21. 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 1990 session of the General Assembly of Georgia a bill to amend a Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended by an Act approved March 13, 1975 (Ga. L. 1975, p. 2719), which

Page 3763

amendatory Act provided for a board of commissioners of Gordon County; and for other purposes. This 8th day of January, 1990. Max R. Brannon Honorable Max R. Brannon Senator, 51st District PUBLISHER'S AFFIDAVIT GEORGIA, GORDON COUNTY: I, Paul Miles, publisher, of the Calhoun Times, the official organ of Gordon County, in which the Sheriff's advertisements are printed, do hereby certify that the above and foregoing legal advertisement appeared in the following issues of the Calhoun Times, to-wit: Jan. 10, 1990. Notice of local legislation on County Commission. /s/ Paul Miles Sworn to and subscribed before me this 14th day of Feb., 1990. /s/ Ruth Nesbitt NOTARY PUBLIC Comm. exp. June 5, 1993 Approved March 13, 1990.

Page 3764

WHITFIELD COUNTYVEHICLE REGISTRATION; PERIODS. No. 763 (Senate Bill No. 752). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield 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, 1991, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield 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 1990 session of the General Assembly of Georgia a bill to provide that vehicles in Whitfield County shall be registered and licensed to be operated, on and after January 1, 1991, during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A; and for other purposes. This 6th day of February, 1990 Honorable W.W.FINCHER,JR SENATOR, 54th DISTRICT GEORGIA, FULTON COUNTY

Page 3765

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W.W. Fincher, Jr., who, on oath, deposes and says that he is Senator from the 54th 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 15, 1990. /s/ W.W.Fincher, Jr. Senator, 54th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF ATLANTAURBAN ENTERPRISE ZONES; CONDITIONS; LIMITATIONS. No. 764 (House Bill No. 515). 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 that housing units in certain urban redevelopment areas shall be eligible for consideration as urban enterprise zones; to provide for conditions and limitations; to provide for a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3766

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 adding a new paragraph at the end of Section 3, to be designated paragraph 20, to read as follows: (20) `Urban Redevelopment Area (URA)' means an area as defined by and is consistent with Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the `Redevelopment Powers Law.' Section 2. Said Act is further amended by striking paragraph (3) of subsection (b) of Section 8 and inserting in its place a new paragraph (3) to read as follows: (3) (A) Any tax exemptions granted under this Act shall be restricted to residential purpose improvements made after the effective date of the creation of the zone. If the value of the improvements exceed the value of the land as of the date of the creation of the zone by a factor of eight or more, then the full value of the real property shall be eligible for the exemption granted under this Act. In cases where local zoning allows for mixed use development on property included in a zone for residential purposes, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act. (B) The only exception to the rule provided for in subparagraph (A) of this paragraph shall be any urban redevelopment area in which housing construction was initiated and completed prior to zone creation. Any urban redevelopment area (URA) officially adopted by the city council as of January 1, 1980, in which housing units were built during the years 1980 through 1986 shall be eligible for consideration as urban enterprise zones, provided that the requirements of subsection (b) of Section 5 and subsection (b) of Section 8 have been met. Such action is deemed consistent with the legislative intent of this Act. The designation of appropriate zones, exemption period, and schedule shall be determined by the city council, provided that the exemption

Page 3767

period and schedule do not exceed ten years as provided herein and are not less than five years. 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 urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 25th day of January, 1989. Honorable Nancy Gorgan Orrock Representative 30th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nan Orrock, who, on oath, deposes and says that she is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 27, 1989. /s/ Nan Orrock Representative, 30th District

Page 3768

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 13, 1990. DOUGLAS COUNTY CORONER; COMPENSATION. No. 765 (House Bill No. 1189). AN ACT To amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4750), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4750), is amended by striking Section 1 thereof and inserting in its place a new Section 1 to read as follows: Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for services as such, the coroner of Douglas County is placed on a salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Douglas County.

Page 3769

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 1990 session of the General Assembly of Georgia a bill to increase the salary paid to the Coroner of Douglas County; and for other purposes. This 3rd day of January, 1990. 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 4, 1990. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 8th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3770

CITY OF LAGRANGE MUNICIPAL COURT; JUDGE; ASSISTANT JUDGE; JURISDICTION, PRACTICE, AND PROCEDURE. No. 766 (House Bill No. 1343). AN ACT To amend an Act creating a new charter for the City of LaGrange, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, so as to establish the Municipal Court of the City of LaGrange; to provide that the municipal court may impose penalties and subpoena witnesses; to provide for the municipal judge and the assistant municipal judge and the jurisdiction, practice, and procedures thereof; to provide for a temporary judge; 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 LaGrange, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, is amended by deleting Chapter 7, creating a recorder's court, in its entirety and inserting in lieu thereof a new Chapter 7 to read as follows: CHAPTER 7 MUNICIPAL COURT Section 7.01. Creation. There is established and continued in existence a court to be known as the `Municipal Court of the City of LaGrange' which shall have jurisdiction and authority over the violation of municipal ordinances and such other matters as may now or hereafter be made by general law, subject to the jurisdiction of municipal courts of Georgia and such other jurisdiction as may have been vested in the Recorder's Court of the City of LaGrange. The municipal court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the Constitution and laws of the State of Georgia and the city charter of the City of LaGrange and to subpoena witnesses, to punish witnesses for nonattendance, and to try all offenses occurring within the territorial

Page 3771

limits of the City of LaGrange as the same may now or hereafter exist, including but not limited to traffic cases and violations of the laws of Georgia which are now or hereafter vested within the jurisdiction of the municipal court, 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 municipal judge, and the court shall be convened at such time or times as designated by such municipal judge as may be necessary or appropriate to handle and conduct the business of the court. Section 7.02. Municipal Judge; Assistant Judge. (a) A person shall not be qualified or eligible to serve as municipal judge unless he shall be licensed to practice law in the State of Georgia, shall have attained the age of 25 years, shall be a qualified voter of the City of LaGrange, and shall have resided therein at least one year immediately preceding his or her appointment and shall continue to be a resident thereof during the term of his or her office. At the first regular meeting in January of each year, the mayor and council shall appoint the municipal judge and assistant municipal judge, each of whom shall serve for a term of one year and until his or her respective successor is appointed and qualified. The mayor and council shall also be authorized to fill any vacancy or unexpired term in such offices and to fix the compensation of the municipal judge and the assistant municipal judge. (b) Before entering on the duties of their offices, the municipal judge and the assistant municipal judge shall each take an oath before an officer duly authorized to administer oaths that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the mayor and council. (c) The assistant municipal judge shall conduct court and preside thereover when requested by or in the absence or disability of the municipal judge of said court and shall otherwise have the same power and responsibility as the municipal judge of said court. Section 7.03. Jurisdiction. The municipal judge shall have the power to impose fines for the violations of any law for which

Page 3772

he or she has jurisdiction or of any ordinance of the City of LaGrange up to an amount not to exceed $1,000.00; to imprison offenders for a period of not more than six months or sentence such offenders to labor on the roads and streets or other public works for the city for not more than six months; and to impose any one or more of these punishments if he or she shall find that the facts of the case justify such imposition. The municipal judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $500.00 or imprisonment not exceeding 60 days or any combination of the two penalties. Such municipal judge shall have the authority of a magistrate in issuing warrants for offenses committed within the City of LaGrange, which warrants may be executed by any police officer of said city, and to hold committal hearings and commit offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in said city. Except as may be otherwise specified, the municipal judge is vested with jurisdiction of the entire area within the corporate limits of the City of LaGrange as the same may now or hereafter exist. The municipal court is specifically vested with jurisdiction and power within the corporate limits of the City of LaGrange granted by state laws generally to municipal courts and particularly such laws as authorize the abatement of nuisances. Section 7.04. Appeals. The right of certiorari or appeal to the superior court from the municipal court shall lie in same manner, to the same extent and pursuant to the same procedure as prescribed for certiorari or appeal from or to the various magistrate courts of the state. Section 7.05. Vacancy in Office. In the event of absence, sickness, or disqualification of the municipal judge and assistant municipal judge of the Municipal Court of the City of LaGrange, the municipal judge or, in his absence, the assistant municipal judge is authorized to name and designate a temporary judge of the Municipal Court of the City of LaGrange to hold and preside over such municipal court in the absence or disqualification of the municipal judge or assistant municipal judge. The authority of such temporary judge shall be either for a particular case or for a particular session of the municipal court and such temporary judge shall be paid by the municipal judge for such service.

Page 3773

Section 7.06. Court Costs. In all cases in the Municipal Court of the City of LaGrange, 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 and such other laws applicable thereto. Section 7.07. Rules for the Courts. The municipal judge shall have the power and authority to make such reasonable rules and regulations which may be necessary and appropriate to secure the efficient and successful administration of the business of the court subject, however, to the right of the mayor and council to review and approve such rules and regulations in the event they determine such review to be necessary and appropriate. The rules of evidence applicable to the superior courts of the State of Georgia shall apply to the Municipal Court of the City of LaGrange. 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 1990 Session of the General Assembly of Georgia a Bill to amend an Act creating a new Charter for the City of LaGrange, in the County of Troup, approved March 8, 1968, (Ga. L. 1968, P. 2191) as amended so as to establish the Municipal Court of the City of LaGrange; to provide for the Judge or Judges and the jurisdiction, practice and procedure thereof; and for other purposes. This 4th day of January, 1990. /s/ Wade Milam Wade Milam, Representative, 81st District GEORGIA, TROUP COUNTY. Personally before me the undersigned officer duly authorized to administer oaths appeared Glen O. Long, who on oath, deposes and says that he is Publisher of LaGrange Daily News, the newspaper in which sheriff's advertisements for Troup County are

Page 3774

published; that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News, on the 5th day of January, 1990. /s/ Glen O. Long Sworn to and subscribed before me this 5th day of January, 1990. /s/ James R. Lewis Notary Public, Troup County, Georgia. My Commission Expires Sept. 12, 1992 (SEAL) Approved March 13, 1990. GWINNETT COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 767 (House Bill No. 1378). AN ACT To provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the conditional repeal of a local Act granting certain homestead exemptions; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3775

Section 1. (a) Each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets the requirements of subsection (b) of this section is granted an exemption from all Gwinnett County School District ad valorem taxes, including but not limited to taxes to retire school bond indebtedness, for the full value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead or on another homestead within the Gwinnett County School District or on any combination thereof for at least the immediately preceding 24 months and unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as provided otherwise in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Society Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (c) In order to qualify for the exemption provided for in this Act as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2. The tax commissioner of Gwinnett County shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a

Page 3776

certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1890, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the O.C.G.A. or pursuant to a constitutional amendment providing homestead exemptions from Gwinnett County ad valorem taxes (Ga. L. 1981, p. 1921) or who has applied for and is eligible for the exemption provided for persons 65 years of age or over or disabled pursuant to a local Act providing for an exemption from Gwinnett County School District ad valorem taxes, approved March 15, 1988 (Ga. L. 1988, p. 4023) shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding two years for either such exemption on the homestead for which an exemption may be granted by this Act. Section 4. After any such owner has filed the proper affidavit and certificate if disabled, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the Gwinnett County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Gwinnett County School District ad valorem taxes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990.

Page 3777

Section 7. The exemption granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52 of the O.C.G.A., and unless otherwise expressly provided in this Act, all provisions of general law which apply to that exemption shall apply to the exemption granted by this Act. Section 8. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes. Section 9. If this Act is approved in the referendum provided for in Section 10 of this Act, that local Act which provides an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over and whose income does not exceed $25,000.00 from all sources, approved March 15, 1988 (Ga. L. 1988, p. 4023), is repealed effective at the last moment of December 31, 1990. Section 10. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1990, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

Page 3778

() YES () NO Shall the Act be approved which (1) provides an exemption from Gwinnett County School District ad valorem taxes for the full amount of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over, or who is disabled, whose income does not exceed $25,000.00, and who has owned and resided on that homestead or on another homestead within the Gwinnett County School District or on any combination of such homesteads for at least the immediately preceding 24 months and (2) which repeals that local Act which provides an exemption from Gwinnett County School District ad valorem taxes for the full amount of homesteads of residents of the Gwinnett County School District who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 3779

Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of certain residents of the Gwinnett County School District who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the conditional repeal of a local Act granting certain homestead exemptions; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 29th day of Dec, 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: December 29, 1989. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 11th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3780

COBB COUNTY-MARIETTA WATER AUTHORITY MEMBERS; TERMS OF OFFICE. No. 768 (House Bill No. 1398). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971 (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 15, 1988 (Ga. L. 1988, p. 4028), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), so as to clarify the terms of office of its members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971 (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 15, 1988 (Ga. L. 1988, p. 4028), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), is amended by striking subsection (c) of Section 2 thereof in its entirety and inserting in its place a new subsection (c) to read as follows:

Page 3781

(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 March 30, 1989, shall serve until August 14, 1990, and until their successors are appointed and qualified. The two other members 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 four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. 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 1990 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 29th day of December, 1989.

Page 3782

/s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS JACK VAUGHAN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENATIVES 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: December 29, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3783

CORDELE OFFICE BUILDING AUTHORITY PURPOSES. No. 769 (House Bill No. 1399). AN ACT To amend an Act providing for the purposes of the Cordele Office Building Authority, approved March 31, 1987 (Ga. L. 1987, p. 5158), so as to change such purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the purposes of the Cordele Office Building Authority, approved March 31, 1987 (Ga. L. 1987, p. 5158), is amended by striking Section 1 of said Act, amending Paragraph B of the amendment to the Georgia Constitution creating the authority ratified at the 1968 general election and found at Ga. L. 1968, p. 1715, and inserting a new Paragraph B to read as follows: B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by the City of Cordele, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agencies, authorities and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Cordele, Georgia, is hereby granted the authority to lease or sell lands, buildings, or land and buildings now owned by the City of Cordele, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Cordele, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 3784

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act approved March 31, 1987 (Ga. L. 1987, p. 5158), relative to the Cordele Office Building Authority; and for other purposes. This 17th day of January, 1990. ZACK WADE, Chairman CORDELE CITY COMMISSION Jan. 19 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, 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 19, 1990. /s/ Johnny Floyd Representative, 135th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3785

WILKINSON COUNTY SHERIFF; AUTOMOBILES. No. 770 (House Bill No. 1400). AN ACT To amend an Act placing the sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended, so as to provide that sheriff's automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes; 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 placing the sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended, is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The County shall furnish the sheriff with such automobiles as may be required for him to perform adequately the official duties of his office. Such automobiles shall be equipped with short-wave radios. The County shall be responsible for the operating expenses, maintenance, repair, and replacement of such automobiles, which shall be replaced at 100,000 miles. The County may retain automobiles which have accumulated more than 100,000 miles and which are mechanically sound and may authorize their use by the sheriff or the sheriff's deputies on a part-time basis. In no event shall such automobiles be used as chase vehicles for purposes of pursuit. 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 1990 session of the General Assembly of Georgia a bill to amend an

Page 3786

Act placing the sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended so as to provide for the replacement of sheriff's automobiles at 100.000 miles: to provide for the part-time use of automobiles with more than 100,000 miles; to provide for related matters; and for other purposes. This 11th day of January, 1990. 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 18, 1990. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 22nd day of January 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3787

CITY OF IVEY HOMESTEAD EXEMPTION; REFERENDUM. No. 771 (House Bill No. 1401). AN ACT To provide that residents of the City of Ivey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for procedures and administration; 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. Each resident of the City of Ivey who is 60 years of age or older prior to the first day of the tax year is granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January 1, 1991, and in the amount of $4,000.00 for all tax years beginning on or after January 1, 1992, on his or her homestead from all ad valorem taxation by the City of Ivey so long as any such resident of the City of Ivey actually occupies said homestead as his residence. There shall be no more than one such exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Ivey. No resident shall be qualified to receive the benefits of such homestead exemption unless he or she files an affidavit with the governing authority of the City of Ivey, or with a person designated by the governing authority of the City of Ivey, giving his or her age and any additional information as may be required to enable the governing authority of the City of Ivey, or the person designated by the governing authority of the City of Ivey, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Ivey, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit, as provided in this section, and has been allowed the exemption provided for in this section, it shall not be necessary that the owner make application and file such affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Ivey, or the

Page 3788

person designated by the governing authority of the City of Ivey, in the event he or she becomes ineligible for the exemption provided in this section. The governing authority of the City of Ivey, or the person designated by said governing authority, shall provide for the proper administration of this exemption. The exemption granted by this section shall not apply to or affect any state taxes, county taxes, or county school district taxes for educational purposes. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Ivey 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 Ivey for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 1990 general municipal 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 Wilkinson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that residents of the City of Ivey who are 60 years of age or older shall be granted a homestead exemption from ad valorem taxation by the City of Ivey in the amount of $2,000.00 for the tax year beginning January 1, 1991, and $4,000.00 for all tax years beginning on or after January 1, 1992? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 3789

The expense of such election shall be borne by the City of Ivey. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. Except as otherwise provided in Section 2 of this Act, 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 1990 session of the General Assembly of Georgia a bill to provide that residents of the City of Ivey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for procedures and administration; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of January, 1990. 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 18, 1990. /s/ Kenneth W. Birdsong Representative, 104th District

Page 3790

Sworn to and subscribed before me, this 22nd day of January 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. JONES COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 772 (House Bill No. 1402). AN ACT To amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older and who meets certain income qualifications, approved March 12, 1984 (Ga. L. 1984, p. 3926), so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older and who meets certain income qualifications, approved March 12, 1984 (Ga. L. 1984, p. 3926), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:

Page 3791

Section 1. Each resident of Jones County who is 65 years of age or older is granted an exemption from Jones County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows: (1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1985; (2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1986; and (3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1987, and for all tax years thereafter. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jones County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The election superintendent shall conduct that election on the same date and in conjunction with the July, 1990, state-wide general 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

Page 3792

preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases from $8,000.00 to $10,000.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 years of age or over may receive in order to be eligible for an $8,000.00 exemption from county ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect on January 1, 1991, and shall be applicable to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 Jones County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. Except as otherwise provided in Section 2 of this Act, 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 1990 session of the General Assembly of Georgia a bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older and who meets certain income qualifications, approved March 12, 1984

Page 3793

(Ga. L. 1984, p. 3926), so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. This 5th day of January, 1990. 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 11, 1990. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 16th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3794

THOMASTON-UPSON COUNTY SCHOOL SYSTEMS; MERGER; BOARD OF EDUCATION; MEMBERS; REFERENDUM. No. 773 (House Bill No. 1413). AN ACT To provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school system shall be known as the Thomaston-Upson County School System; to revise comprehensively certain laws relating to public education in Upson County; to define terms; to provide for the vesting of all assets, rights, obligations, and duties of the merged school systems in the new system; to provide specifically for title to property and assumption of indebtedness; to provide for a board of education and the election, qualifications, service, and compensation of members of the board; to provide for organization of, officers of, and vacancies on the board; to provide for appointment and service of a school superintendent; to provide for tenure and similar rights of teachers and professional personnel; to provide for applicability of homestead exemptions from ad valorem taxation; to provide for the name of the high school in the Thomaston-Upson County School System; to repeal a specific Act and a portion of another Act; to provide for a referendum; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1-1. Pursuant to Article VIII, Section V, Paragraph I of the Constitution, the existing Upson County School System and the existing City of Thomaston Independent School System shall be merged and consolidated into a single county-wide school system which shall constitute a consolidated city and county school system. Said consolidated city and county school system shall be known and may be referred to as the Thomaston-Upson County School System. The area of operations of said Thomaston-Upson

Page 3795

County School System shall be the Thomaston-Upson County School District which shall be coextensive with the territorial limits of Upson County. Said Thomaston-Upson County School System shall be under the control and management of the Thomaston-Upson County Board of Education created by this Act. The Thomaston-Upson County School District established by this Act and coextensive with the territorial limits of Upson County shall constitute a political subdivision of the State of Georgia; the former Upson County School District, consisting of that part of Upson County outside the City of Thomaston, shall cease to be a political subdivision of the state; and the former independent school district of the City of Thomaston shall cease to be a political subdivision of the state. Section 1-2. As used in the following sections of Part 1 of this Act, unless the context clearly requires otherwise, the terms: (1) Former City of Thomaston Board of Education, former City of Thomaston Independent School District, and former City of Thomaston School System refer to the city board of education, city school system district, and city school system in existence prior to the enactment of this Act. (2) Former Upson County Board of Education, former Upson County School District, and former Upson County School System refer to the county board of education, county school district, and county school system in existence prior to the enactment of this Act. (3) Thomaston-Upson County Board of Education and board of education and board are synonymous and mean the board of education established pursuant to this Act and having control and management over the school system established by this Act. (4) Thomaston-Upson County School District means the consolidated city and county school district established by this Act which is coextensive with the territorial limits of Upson County. (5) Thomaston-Upson County School System means the county school system established by this Act and

Page 3796

having as its area of operations an area coextensive with the territorial limits of Upson County. Section 1-3. The Thomaston-Upson County School System shall in all respects be a successor in interest to the former Upson County School System and the former City of Thomaston Independent School System; and all assets, rights, obligations, and duties of said former school systems shall vest in the Thomaston-Upson County School System. Without limiting the generality of the foregoing, it is specifically provided that: (1) Title to all real and personal and tangible and intangible property of said former school systems shall vest in the Thomaston-Upson County School System; and certified copies of this Act and of the returns of the elections provided for in Part 3 of this Act shall constitute evidence of such title and shall for this purpose be recordable, if deemed necessary or desirable by the Thomaston-Upson County Board of Education, in the real estate records of Upson County or any other county and in any other public records; and (2) All bonded indebtedness or any part thereof coming due after December 31, 1991, and other indebtedness of said former school systems shall be liabilities of the Thomaston-Upson County School System and payable from funds of the Thomaston-Upson County School System; and all taxable property within the Thomaston-Upson County School District shall be uniformly and equally subject to taxation for the payment of any such bonded indebtedness or other indebtedness. Section 1-4. (a) The Thomaston-Upson County Board of Education shall consist of seven members. One member shall be elected from and by the voters of each education district described in Section 1-10 of this Act. Each candidate for election to the board of education shall, in addition to all other eligibility requirements imposed by law, be a resident of the education district he or she seeks to represent. If any member of the board moves his or her residence from the education district he or she represents, his or her office shall be immediately vacated. Each member of the board shall be elected only by the voters of the education district he or she represents.

Page 3797

(b) (1) The initial members elected to the Thomaston-Upson County Board of Education shall be elected in a special election to be held on the second Tuesday in November, 1991. No special primary shall be held in conjunction with such special election and such members shall be elected on a nonpartisan basis in accordance with the provisions of Code Sections 21-2-501 and 21-2-540 of the O.C.G.A. and other applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (2) Subsequent members of the board of education shall be nominated and elected at nonpartisan primaries and elections as provided in Code Section 21-2-284.1 of the O.C.G.A. and other applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Such nonpartisan elections shall be decided by majority vote, the candidate receiving a majority of votes cast being elected. There shall be a nonpartisan primary runoff as provided by law if any candidate fails to receive a majority of votes cast. (c) The first members of the board of education elected under this Act shall take office on January 1, 1992, and shall serve for terms as follows: the initial members representing Education Districts 1, 3, 5, and 7 shall serve terms which expire December 31, 1996; and the members representing Education Districts 2, 4, and 6 shall serve for terms which expire December 31, 1994. A successor to each such member and future successors shall be elected at the general election in even-numbered years next preceding the expiration of a term of office. All members elected in 1994 and thereafter shall take office on the first day of January next following their election and shall serve for terms of four years or until their successors are elected and qualified. (d) All members of the boards of education of the former Upson County School System and the former City of Thomaston Independent School System shall continue to hold office until January 1, 1992, on which date they shall cease to hold office. The school superintendents of said former school systems shall likewise continue to hold office until January 1, 1992, on which date they shall cease to hold office.

Page 3798

(e) Any vacancy on the new board of education shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. and any amendments thereto. Section 1-5. The Thomaston-Upson County Board of Education shall elect from its membership a chairman. A member elected as chairman shall serve for a term of one year. Any member elected as chairman may succeed himself to such office. The board of education shall adopt bylaws governing meetings and the method of selection of a vice chairman of the board and such other officers as the board may deem necessary or appropriate. The bylaws of the board of education governing meetings and the selection and term of officers may be amended by majority vote of the board of education from time to time as deemed necessary or appropriate by the board of education. Section 1-6. The members of the board of education shall be compensated the same as members of county boards of education as provided by law. Section 1-7. (a) The board of education shall appoint the school superintendent of the Thomaston-Upson County School System. The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. (b) Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 1-8. Certificated professional personnel who have acquired tenure or other similar rights with respect to their employment by the former Upson County School System or the former City of Thomaston Independent School System shall have such rights with respect to continued employment by the Thomaston-Upson County School System as are provided by law.

Page 3799

Section 1-9. All laws relating to homestead exemptions from ad valorem taxes levied by or on behalf of the former Upson County School System shall on and after January 1, 1992, apply uniformly throughout the Thomaston-Upson County School District. Section 1-10. (a) For the purposes of electing members of the Thomaston-Upson County Board of Education, the Thomaston-Upson County School District is divided into seven education districts, each consisting of a portion of Upson County described as follows: Education District 1: Upson Tract 9901 Those parts of Blocks 306 and 308 inside the City of Thomaston Blocks 512 through 538 Block Group 6 Blocks 701 through 706 and 713 Tract 9902 That part of Block 215 inside the City of Thomaston and including all, if any, city population but excluding that part of Block 215 located in the northeast panhandle of the City of Thomaston and including no population That part of Block 229 inside the City of Thomaston Blocks 309 through 332 Education District 2: Upson Tract 9904 Blocks 216, 221 through 224, 226, and 255 That part of Block 308 outside the City of Thomaston Blocks 309 and 310

Page 3800

That part of Block 311 outside the City of Thomaston Blocks 312 through 314 That part of Block 315 outside the City of Thomaston Blocks 402 and 404 through 413 Those parts of Blocks 414 and 415 outside the City of Thomaston Blocks 416 through 434 That part of Block 503 outside the City of Thomaston Tract 9905 That part of Block 401 outside the City of Thomaston bordered by Waymonville Road, Hunt Road, Cook Road, and the corporate limits of the City of Thomaston Block 402 Blocks 501 through 538 Education District 3: Upson Tract 9901 Blocks 707 and 708 That part of Block 710 inside the City of Thomaston Blocks 711 and 712 Tract 9903 Blocks 303 and 304 Blocks 419 through 431 Blocks 501 through 503 and 505 through 520 Tract 9904 Those parts of Blocks 308, 311, and 315 inside the City of Thomaston Those parts of Blocks 414 and 415 inside the City of Thomaston Blocks 501 and 502 That part of Block 503 inside the City of Thomaston Blocks 504 and 505

Page 3801

Tract 9905 Block Groups 1 through 3 That part of Block 401 inside the City of Thomaston That part of Block 401 outside the City of Thomaston that is completely surrounded by the City of Thomaston Education District 4: Upson Tract 9901 Blocks 501 through 511 Tract 9902 Blocks 129 and 130 Blocks 203 through 214 That part of Block 215 outside the City of Thomaston That part of Block 215 inside the City of Thomaston in the northeast panhandle of that city and containing no population Blocks 216 through 228 That part of Block 229 outside the City of Thomaston Blocks 230 through 232 Blocks 301 through 308 Tract 9903 That part of Block 142 inside the City of Thomaston Blocks 301, 302, 305 through 332, 340 through 342, and 399 Blocks 401 through 415, 417, and 418 Block 504 Education District 5: Upson Tract 9903 Blocks 107, 108, 111, 112, and 128

Page 3802

Blocks 201 through 212 and 216 through 221 Blocks 605, 618 through 622, and 643 Tract 9904 Blocks 101 through 145 and 155 Blocks 201 through 215 and 217 through 220 Education District 6: Upson Tract 9903 Blocks 101 through 105, 113 through 122, 125 through 127, and 130 through 134 That part of Block 142 outside the City of Thomaston Block 143 Blocks 213 through 215 Blocks 602 through 604, 606 through 617, 623 through 642, and 644 through 651 Education District 7: Upson Tract 9901 Block Groups 1 and 2 Blocks 301 through 305 That part of Block 306 outside the City of Thomaston Block 307 That part of Block 308 outside the City of Thomaston Blocks 309 and 310 Block Group 4 Block 709 That part of Block 710 outside the City of Thomaston Tract 9902 Blocks 101 through 122 Blocks 201 and 202

Page 3803

Tract 9905 That part of Block 401 outside the City of Thomaston bordered on the east by Waymonville Road and on the north, south, and west by the corporate limits of the City of Thomaston (b) For the purposes of subsection (a) 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 the Thomaston-Upson County School District which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 1-11. Any high school operated by the Thomaston-Upson County Board of Education shall be named the Upson-Lee High School. Part 2 Section 2-1. (a) Section 39 of an Act creating a new charter for the City of Thomaston, Georgia (redesignated as Section 37 by ordinance in 1979), approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, by an Act approved February 28, 1966 (Ga. L. 1966, p. 2412), an Act approved March 13, 1978 (Ga. L. 1978, p. 3191), and an Act approved February 15, 1983 (Ga. L. 1983, p. 3506), is repealed in its entirety.

Page 3804

(b) An Act providing for the election of members of the board of education of Upson County, approved February 1, 1974 (Ga. L. 1974, p. 2023), as amended, by an Act approved March 21, 1984 (Ga. L. 1984, p. 4576), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5225), is repealed in its entirety. Part 3 Section 3-1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act separately to the electors of the Upson County School District (consisting of all that part of Upson County outside the City of Thomaston) and to the electors of the City of Thomaston Independent School District for approval or rejection by each of said school districts. 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 Upson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the merger and consolidation of the Upson County School System and the City of Thomaston Independent School System into a single county-wide school system which shall be under the control and management of the Thomaston-Upson County Board of Education and which provides for the appointment by said Thomaston-Upson County Board of Education of the superintendent of the Thomaston-Upson County School System? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast in the Upson County School District (consisting of all that part of Upson

Page 3805

County outside the City of Thomaston) are for approval and if more than one-half of the votes cast in the City of Thomaston Independent School District are for approval, Parts 1 and 2 of this Act shall become effective as provided in Section 3-2 of this Act. If the proposal fails to be so approved by concurrent majorities or if the election is not conducted as provided in this section, Parts 1 and 2 of this Act shall not become effective and shall be repealed in their entirety immediately upon the certification of the results of the election held pursuant to this section. The expense of such election shall be borne by Upson County. It shall be the duty of the superintendent of elections to hold and conduct such election and to certify the results thereof to the Secretary of State. Section 3-2. (a) Section 3-1 of Part 3 of this Act shall be effective for the purpose of conducting the referendum election provided therein upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1-4 and 1-10 of Part 1 of this Act shall become effective January 1, 1991, for the purpose of holding the special election for the election of the initial members of the Thomaston-Upson County Board of Education. (c) The remaining provisions of this Act shall become effective January 1, 1992. (d) The provisions of this section are subject to the provisions of Section 3-1. Section 3-3. 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 1990 session of the General Assembly of Georgia a bill to provide for the merger and consolidation of the Upson County School System and the Thomaston Independent School System into a single county-side school system known as the Thomaston-Upson County School System under the control and management of the

Page 3806

Thomaston-Upson County Board of Education; to provide for the appointment of the school superintendent of the Thomaston-Upson County School System; to provide for other matters relative thereto; to provide for a referendum; and for other purposes. This 2 day of January, 1990. Honorable Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: January 10, 1990. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3807

CITY OF NORWOOD NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 774 (House Bill No. 1431). AN ACT To provide a new charter for the City of Norwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Norwood in Warren 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 Norwood. References in this charter to the city or this city refer to the City of Norwood. The city shall have perpetual existence.

Page 3808

Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Norwood, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized

Page 3809

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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and airconditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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 3810

(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 municipal 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

Page 3811

agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities 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;

Page 3812

(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (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

Page 3813

in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private 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

Page 3814

provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (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;

Page 3815

(40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of 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 immediately preceding qualifying for election as mayor or councilmembers;

Page 3816

each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until December 31, 1991, and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Norwood shall consist of one election district with six numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1991, and on that day quadrennially thereafter, there shall be elected a mayor and six councilmembers. The mayor and councilmembers shall take office on January 1 immediately following their election. 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

Page 3817

removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (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

Page 3818

his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial

Page 3819

interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.

Page 3820

(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Warren 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 Warren County following a hearing on a complaint seeking such removal brought by any resident of the City of Norwood. 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 on the first working day in January following the November 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.

Page 3821

(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or 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

Page 3822

the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Norwood 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

Page 3823

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 be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.

Page 3824

(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 Norwood, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons

Page 3825

employed by the city and qualified in management and administration. Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) 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; (8) 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; (9) Vote on matters before the city council and be counted toward a quorum as any other councilmembers; (10) Require any department or agency of the city to submit written reports whenever the deems it expedient;

Page 3826

(11) 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 (12) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23. No mayor elected and qualified for five consecutive terms shall be eligible for the succeeding term. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal

Page 3827

to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers. Section 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority

Page 3828

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. The city council shall provide for the compensation of the city clerk. Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning:

Page 3829

(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Norwood. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council.

Page 3830

(e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 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 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

Page 3831

of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Warren 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.

Page 3832

ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable

Page 3833

requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, 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

Page 3834

6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. 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. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The

Page 3835

budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than the first regular meeting in June 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

Page 3836

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 pruposes. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first regular meeting in December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

Page 3837

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. 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, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

Page 3838

ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Specific repealer. An Act to amend, revise, consolidate, and supersede the Acts incorporating the Town of Norwood, approved August 10, 1916 (Ga. L. 1916, p. 838), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 588), an Act approved April 17, 1975 (Ga. L. 1975, p. 3783), and an Act approved March 16, 1983 (Ga. L. 1983, p. 4210), is repealed in its entirety. Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Page 3839

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the Regular 1990 Session of the General Assembly of Ga. a bill to provide for a new Charter for the Town of Norwood; and in other purposes. This 5th day of December, 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 Warrenton Clipper which is the official organ of Warren County, on the following date: December 8, 1989. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 16th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3840

CITY OF SHILOH HOMESTEAD EXEMPTION; REFERENDUM. No. 775 (House Bill No. 1462). AN ACT To provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city; to provide for all matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2. The homestead of each resident of the City of Shiloh, which homestead is actually occupied by the owner as a residence and only so long as the homestead is actually occupied by the owner as such, is exempted in the amount of $4,000.00 from all city ad valorem taxes. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. Section 3. The governing authority of the City of Shiloh or its designee shall provide application forms for the exemption granted by this Act and shall require such information, including copies of federal income tax returns, as may be necessary to determine eligibility for the exemption. Section 4. The exemption provided for by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Shiloh or its designee in the event that such person for any reason becomes ineligible for that exemption.

Page 3841

Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 6. The exemption granted by this Act shall be in lieu of any other homestead exemption from City of Shiloh ad valorem taxes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 8. The exemption granted by this Act shall be administered and granted by the governing authority of the City of Shiloh or its designee in the same manner as provided by general law; and, unless otherwise expressly provided in this Act, all provisions of general law shall apply to the exemption granted by this Act. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of 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 date of and in conjunction with the City of Shiloh municipal general 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 Harris County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes to each resident who actually occupies such homestead as a residence? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and effect immediately. If Sections

Page 3842

1 through 8 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Shiloh. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city; to provide for all matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 12th day of January, 1990. HONORABLE ROY D. MOULTRIE REPRESENTATIVE, 93rd DISTRICT 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 18, 1990. /s/ Roy D. Moultrie Representative, 93rd District

Page 3843

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. DEKALB COUNTY COUNTY SURVEYOR; APPOINTMENT. No. 776 (House Bill No. 1464). AN ACT To abolish the office of elected county surveyor of DeKalb County; to provide for the appointment of said official by the county governing authority; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Pursuant to the authority of Code Section 36-7-2.1 of the O.C.G.A., the office of elected county surveyor of DeKalb County is abolished. The governing authority of DeKalb 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 DeKalb County only if on the date this Act becomes effective the office of county surveyor

Page 3844

of DeKalb 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 upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1990 Session of the General Assembly to abolish by local act the office of elected county surveyor and permit the governing authority of the county to appoint the county surveyor, and for other purposes. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: December 28, 1989. /s/ Dean Alford Representative, 57th District

Page 3845

Sworn to and subscribed before me, this 12th day of January, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 13, 1990. MURRAY COUNTY BOARD OF COMMISSIONERS; CREATION; MEMBERS; ELECTIONS; DISTRICTS; REFERENDUM. No. 777 (House Bill No. 1483). AN ACT To amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties; to provide for qualifications of the chairman and other members of that board and provide for their elections; to provide for commission districts; to provide for continuation in and abolition of office; to provide for initial and subsequent terms; to provide for oath and bond; to provide for vacancies; to provide for a chairman and vice-chairman; to provide for duties and powers of the chairman and vice-chairman; to provide for meetings, organization, and quorums; to delete or modify certain provisions to conform to the newly created board; to provide for compensation and expenses; to provide for a county manager; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3846

Section 1. An Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, is amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows: Section 2. (a) On and after January 1, 1993, the governing authority of Murray County shall be a Board of Commissioners of Murray County, sometimes referred to in this Act as the `board,' consisting of five members, each of whom shall be required to reside in commission districts as provided in this Act. (b) All members of the board of commissioners shall be qualified electors of Murray County. No member of the board shall be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A. Each member of the board shall have been a resident of Murray County for at least 12 months prior to taking office and each member of the board, other than the member from Commission District 5, shall have been a resident of that person's respective commission district, as described in Section 4 of this Act, for at least six months prior to the date of taking office. In the event any member ceases to be a resident of that person's respective commission district during that person's term of office, a vacancy shall be created and filled as provided in Section 6 of this Act. Each member of the board shall be elected by the qualified electors of the entire county. Each person wishing to offer as a candidate for member of the board shall designate the commission district for which that person is offering. The members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (c) The five-person board created by subsection (a) of this section shall be the successor to the one-person board of commissioners created by the immediately preceding provisions of this section. The five-person board shall have authority and control over the fiscal and other affairs of Murray County and over the roads, buildings, and bridges of that county and shall generally exercise such authority and control of said county as is provided by law for a county board of commissioners.

Page 3847

Section 2. Said Act is further amended by striking Sections 4, 5, 6, and 7, and inserting in their respective places the following: Section 4. (a) For the purpose of electing the members of the Board of Commissioners of Murray County, Murray County shall be divided into five commission districts as follows: Commission District 1 Murray Tract 9901 Block Groups 1 and 2 Blocks 304 through 306, 308 through 323, and 327 through 347 Blocks 401 through 404 and 406 through 408 Block 506 Tract 9903 Blocks 103 through 118, 140, 141, 145, and 148 through 150 Commission District 2 Murray Tract 9901 Blocks 324 through 326 Blocks 405 and 409 through 429 Blocks 501 through 505 and 507 through 524 Tract 9902 Blocks 201 through 208 Blocks 301 and 314 through 316 Tract 9903 Blocks 119 through 128, 130 through 139, and 151 through 155 Blocks 301 through 303 and 305

Page 3848

Commission District 3 Murray Tract 9902 Blocks 302 through 313 Blocks 401 through 426 Tract 9903 Blocks 156 through 159, 166 through 171, and 174 through 176 Blocks 304, 306 through 309, and 311 through 323 Commission District 4 Murray Tract 9903 Blocks 101, 102, 160 through 165, 172, 173, 178, 179, and 183 Blocks 201, 202, and 204 through 209 Tract 9904 Blocks 101 through 132 Block Groups 2 and 3 Commission District 5 All of Murray County (b) For purposes of the description of commission districts in subsection (a) 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) Any part of Murray County which is not included in Commission District 1,2,3, or 4 shall be included within that district, other than Commission District 5, which is contiguous to such part and which contains the least population

Page 3849

according to the United States decennial census of 1980 for the State of Georgia. Section 5. (a) That person elected at the November general election in 1988 to serve as the single member of the Board of Commissioners of Murray County, or the person elected to fill any vacancy in that office, shall serve out the remaining term of office which shall expire December 31, 1992, and upon the election and qualification of any member of the board elected at the November general election in 1992, at which time that position of single-member commissioner shall be abolished. (b) The member of the board first required to reside in Commission District 1 and the member of the board first required to reside in Commission District 2 shall each be elected at the November general election in 1992, shall take office the first day of January immediately following their election, and shall serve for initial terms of office of two years each. The member of the board first required to reside in Commission District 3, the member of the board first required to reside in Commission District 4, and the member of the board first required to reside in Commission District 5 shall each be elected at the November general election in 1992, shall take office the first day of January immediately following their election, and shall serve for initial terms of four years each. (c) After January 1, 1993, successors to the members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms, shall take office the first day of January following such election, and shall serve for terms of office of four years. Each member of the board shall serve for the term specified in this section and until the election and qualification of such person's respective successor. (d) Before entering upon the duties of office, each member of the board shall take and subscribe to an oath for the faithful performance of that member's duties and shall give bond to and approved by the judge of the Probate Court of Murray County in the amount of $10,000.00 each, with good and sufficient security conditioned upon the faithful performance of that member's duties and the faithful accounting for all property

Page 3850

and funds coming into that member's hands by virtue of that member's office. Section 6. In the event of a vacancy occurring in the membership of the board, whether the vacancy is in the office of chairman or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section: (1) If the vacancy occurs within the first two years of the four-year term of the vacated office but at least 35 days before the November general election to be held within those first two years, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election held upon the same date as that November general election. The election superintendent of Murray County shall conduct that special election on the same date as that November general election and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified; (2) If the vacancy occurs at any time other than as specified in paragraph (1) of this section, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to serve out the remaining unexpired term and until a successor is elected and qualified; (3) Persons appointed or elected to fill a vacancy must meet the residency requirements of the vacated position and, if elected, must be elected by the qualified electors of the entire county; and (4) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section.

Page 3851

Section 7. (a) The member of the board elected from Commission District 5 shall preside over the first regular meeting of the board in January of each odd-numbered year until the members of the board have elected from their membership a chairman. The chairman so elected shall serve as such until the first regular meeting in January of the next odd-numbered year. If the office of chairman is vacated for any reason, the remaining members of the board shall elect from their membership a chairman to serve until the first regular January meeting of the board in the next odd-numbered year. Any member of the board may be elected as chairman. (b) The chairman of the board of commissioners shall preside at all meetings of the board during the chairman's two-year term as chairman and shall be a full voting member of the board for all purposes, but the chairman shall not have any veto power. The chairman shall call meetings of the board as provided in this section and as requested by a majority of the members of the board. The chairman shall also appoint members and chairmen of all committees of the board. The chairman shall be recognized as the official head of Murray County by state, federal, and other authorities for military and ceremonial functions. (c) The board of commissioners may elect from its membership a vice-chairman to serve at the pleasure of the board. The vice-chairman shall preside at meetings of the board in the absence, disability, or disqualification of the chairman and during a vacancy in the office of chairman until such vacancy is filled as provided in subsection (a) of this section. The vice-chairman shall receive no additional salary for service as vice-chairman, and the rights and duties of such person as a member of the board shall not be impaired by reason of such service as vice-chairman. (d) The board of commissioners shall hold a regular meeting on the first Tuesday of every month at the Murray County courthouse and shall meet at such special or called meetings as they may see fit to hold. Three members of the board shall constitute a quorum for the transaction of business, but the concurrence of at least three commissioners shall be necessary to take official action.

Page 3852

Section 3. Said Act is further amended by striking Sections 6-a, 7A, and 14-a thereof. Section 4. Said Act is further amended by striking from Section 11 thereof the following: in event a three man Board is declared, or by the sole member in event a one man Board is declared. Section 5. Said Act is further amended by striking from Section 12 thereof the following: the member of the Board, or members, in event a three man Board is declared and elected,, and inserting in its place the following: any member of the board, including the chairman,. Section 6. Said Act is further amended by striking from Section 13 thereof the following: the member or members of said Board, and inserting in its place the following: any member of the board, including the chairman, Section 7. Said Act is further amended by striking Section 14 thereof and inserting in its place the following: Section 14. (a) The chairman of the board shall receive an annual salary of $3,600.00. Each member of the board, other than the chairman, shall receive an annual salary of $2,400.00. These salaries shall be paid in equal monthly installments from the funds of Murray County. (b) In addition to the salary provided for in subsection (a) of this section, the chairman and each other member of the board shall be reimbursed for actual expenses incurred in the discharge of the official duties of such office.

Page 3853

Section 8. Said Act is further amended by striking Section 15 thereof and inserting in its place a new section to read as follows: Section 15. The office of county manager of Murray County is created pursuant to Code Section 36-5-22 of the O.C.G.A. to administer the affairs of the county and exercise those administrative powers, duties, and responsibilities vested in such office by the board, including but not limited to the power to sign checks or warrants against county funds and otherwise order disbursement of those funds. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Murray County for approval or rejection. The election superintendent shall conduct that election on the date of the 1990 November general election 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 Murray County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a five-person Board of Commissioners of Murray 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, those provisions of this Act relating to and necessary for the election of members of the board at the November general election in 1992 shall become effective January 1, 1992, and the remaining provisions of this Act shall become effective January 1, 1993. 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 3854

The expense of such election shall be borne by Murray County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. This section and Section 9 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval. The remaining sections of this Act shall become effective as provided in Section 9 of this Act. Section 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended; and for other purposes. This 13th day of January, 1990. State Rep. Charles N. Poag, District 3. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles N. 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 17, 1990. /s/ Charles N. Poag Representative, 3rd District

Page 3855

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. STEWART COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION; MEMBERS; POWERS; DUTIES; COMPENSATION. No. 778 (House Bill No. 1494). AN ACT To create a board of elections and registration for Stewart 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3856

Section 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created for Stewart County the Stewart County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Stewart 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 Stewart County. Members of the board shall be appointed thereto by the commissioners of Stewart County, who 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 on the date this Act first becomes effective, and ending December 31, 1993. 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 commissioner of Stewart County shall be made by that commissioner filing an affidavit with the clerk of the Superior Court of Stewart 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 chariman 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 commissioner of Stewart County does not, in conformity with this Act, certify its appointment 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 provided in this section, and the person so appointed shall serve out the unexpired term of office.

Page 3857

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 commissioner of Stewart County and to the clerk of the Superior Court of Stewart County and shall be subject to removal from the board by the commissioner of Stewart 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 commissioner of Stewart 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 the date this Act becomes effective for all purposes, the election superintendent and board of registrars of Stewart 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 chariman 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 Stewart 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, as the board shall deem necessary. The commissioner of Stewart

Page 3858

County shall have the right to approve the hiring of any such employee. Section 10. With the consent of the commissioner of Stewart 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 commissioner of Stewart County. Such compensation shall be paid from county funds. Section 12. The commissioner of Stewart County shall provide the board with such proper and suitable offices and equipment and with such employees as the commissioner shall deem appropriate. Section 13. The board is authorized to perform for any municipality located wholly or partially within Stewart 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 only become effective if an Act becomes effective which amends Code Section 21-2-40 of the O.C.G.A. to authorize county boards of election and county boards of election and registration to conduct primaries, in which event this Act shall become effective when that amendment becomes effective for purposes of making initial appointments to the board and for all other purposes this Act shall become effective upon the thirtieth day following the date that amendment becomes effective or July 1, 1990, whichever occurs later.

Page 3859

Section 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill providing for a board of elections and registration for Stewart County; and for other purposes. This 15th day of January, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 18, 1990. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 23rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3860

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYPURCHASES; TAXES. No. 779 (House Bill No. 1502). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to give the Authority power to make certain purchases without competitive bidding; to provide that the retail sales and use tax for the Authority shall be at the rate of 1 percent until and including June 30, 2032, and shall thereafter be reduced to one-half of 1 percent; to change certain time limits regarding the use of the proceeds of that tax; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by adding immediately after subsection (k) of Section 14 new subsections (l) and (m) to read as follows: (l) The Authority may, without competitive bidding, purchase any goods, supplies, equipment, other property, or services from any vendor who, at the time of such purchase, has in effect a contract or schedule for the sale thereof to the State of Georgia or to the United States Government, provided that such purchase is made pursuant to the price, terms, and conditions of such contract or schedule and the Authority receives all the benefits thereof. (m) Competitive bidding shall not be required for the Authority's acquisition of property or services for which it is impracticable to prepare adequate specifications or any other adequate description on the basis of which to solicit competitive bids, provided that, in all such cases:

Page 3861

(1) The General Manager shall first certify to the Board of Directors the reasons for which it is impracticable to prepare adequate specifications or an adequate description, which certificate shall be kept in the Authority's files; (2) The Board of Directors shall, in advance, authorize the acquisition of the property or services by means other than competitive bidding; and (3) The Authority shall acquire such property or services by such means as will secure the greatest practicable competition to provide them. Section 2. Said Act is further amended by striking from the first sentence of paragraph (1) of subsection (b) of Section 25 the following: June 30, 2012,, and inserting in lieu thereof the following: June 30, 2032,, so that when so amended said paragraph shall read as follows: (1) Rate of Tax. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2032, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. Section 3. Said Act is further amended by striking from the first sentence of subsection (i) of Section 25, wherever the same shall appear therein, the following: July 1, 2012,, and inserting in lieu thereof the following: July 1, 2032,,

Page 3862

so that when so amended said subsection shall read as follows: (i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the 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, 2032, 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, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words `operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive

Page 3863

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; (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 1990 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes.

Page 3864

This 28th day of December, 1989. 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: January 16, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 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 the other purposes. This 28th day of December, 1989. 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

Page 3865

Report which is the official organ of Fulton County, on the following date: January 10, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 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 28th day of December, 1989 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: January 12, 1990. /s/ Barbara H. Couch Representative, 36th District

Page 3866

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 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 28th day of December, 1989. 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: January 11, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Page 3867

Notice is hereby given that there will be introduced at the regular 1990 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 28th day of December, 1989 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 12, 1990. /s/ Barbara H. Couch Representative, 36th District Sworn to and subscribed before me, this 23rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3868

HARALSON COUNTY BOARD OF COMMISSIONERS; CREATION; ELECTIONS; TERMS; POWERS; DUTIES; REFERENDUM. No. 780 (House Bill No. 1916). AN ACT To amend an Act creating the office of sole commissioner (formerly the board of commissioners) of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended by an Act approved August 11, 1920 (Ga. L. 1920, p. 565), an Act approved August 21, 1922 (Ga. L. 1922, p. 370), an Act approved March 4, 1935 (Ga. L. 1935, p. 667), an Act approved March 9, 1945 (Ga. L. 1945, p. 1180), an Act approved February 25, 1949 (Ga. L. 1949, p. 1705), an Act approved February 21, 1951 (Ga. L. 1951, p. 3295), an Act approved March 17, 1958 (Ga. L. 1958, p. 2409), an Act approved March 1, 1961 (Ga. L. 1961, p. 2119), an Act approved February 28, 1966 (Ga. L. 1966, p. 2133), an Act approved March 28, 1969 (Ga. L. 1969, p. 2433), an Act approved March 5, 1974 (Ga. L. 1974, p. 2141), an Act approved April 17, 1975 (Ga. L. 1975, p. 4218), an Act approved March 4, 1977 (Ga. L. 1977, p. 2914), an Act approved March 13, 1978 (Ga. L. 1978, p. 3346), an Act approved April 6, 1981 (Ga. L. 1981, p. 3933), an Act approved March 31, 1982 (Ga. L. 1982, p. 3700), an Act approved March 14, 1983 (Ga. L. 1983, p. 3947), and an Act approved February 10, 1987 (Ga. L. 1987, p. 3506), so as to submit to the voters of Haralson County the question of changing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County; to provide for elections, terms of office, powers and duties, governmental operations and functions, and such other matters as may be pertinent to such a change in the form of government; to provide for a county manager; to abolish the office of treasurer of Haralson County; to repeal a specific Act; to provide for a special election at which the voters of Haralson County shall determine whether the foregoing shall become effective; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3869

Section I. An Act creating the office of sole commissioner (formerly the board of commissioners) of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended by an Act approved August 11, 1920 (Ga. L. 1920, p. 565), an Act approved August 21, 1922 (Ga. L. 1922, p. 370), an Act approved March 4, 1935 (Ga. L. 1935, p. 667), an Act approved March 9, 1945 (Ga. L. 1945, p. 1180), an Act approved February 25, 1949 (Ga. L. 1949, p. 1705), an Act approved February 21, 1951 (Ga. L. 1951, p. 3295), an Act approved March 17, 1958 (Ga. L. 1958, p. 2409), an Act approved March 1, 1961 (Ga. L. 1961, p. 2119), an Act approved February 28, 1966 (Ga. L. 1966, p. 2133), an Act approved March 28, 1969 (Ga. L. 1969, p. 2433), an Act approved March 5, 1974 (Ga. L. 1974, p. 2141), an Act approved April 17, 1975 (Ga. L. 1975, p. 4218), an Act approved March 4, 1977 (Ga. L. 1977, p. 2914), an Act approved March 13, 1978 (Ga. L. 1978, p. 3346), an Act approved April 6, 1981 (Ga. L. 1981, p. 3933), an Act approved March 31, 1982 (Ga. L. 1982, p. 3700), an Act approved March 14, 1983 (Ga. L. 1983, p. 3947), and an Act approved February 10, 1987 (Ga. L. 1987, p. 3506), is amended by striking all substantive provisions of said Act of 1915 and of said amendatory Acts and inserting in lieu thereof new Sections 1 through 9 to read as follows: Section 1. Board of commissioners established. The governing authority of Haralson County shall consist of a five-member board of commissioners which shall be known as the Board of Commissioners of Haralson County. Section 2. Election of board members. (a) For the purpose of electing members of the board of commissioners, Haralson County shall be divided into five commissioner districts as provided for in Section 8 of this Act. Each member of the board of commissioners shall be elected by a majority of the electors voting in the commissioner district he or she represents. The office of any member of the board shall be vacated if the member ceases to be a resident of the district he or she represents. Each member of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. (b) At the general election in 1992 members of the board representing Commissioner Districts No. 2 and 4 shall be elected for terms of two years; and at the general election in

Page 3870

1994 and quadrennially thereafter members of the board representing Commissioner Districts No. 2 and 4 shall be elected for terms of four years. At the general election in 1992 and quadrennially thereafter members of the board representing Commissioner Districts No. 1, 3, and 5 shall be elected for terms of four years. (c) The terms of all members of the board shall begin on the first day of January next following their election. All members of the board shall serve for the terms specified in subsection (b) of this section and until their successors are elected and qualified. (d) Any vacancy on the board of commissioners shall be filled as provided in Code Section 36-5-21 of the O.C.G.A., as now or hereafter amended. Section 3. Chairman and vice chairman. (a) At its first meeting in January of each odd-numbered year, the board shall elect from among its number a chairman and a vice chairman who shall serve until the first meeting of the board in January of the next odd-numbered year. (b) The chairman shall call and preside over the meetings of the board, and the vice chairman shall perform such duties in the case of absence or disability of the chairman. Both the chairman and the vice chairman shall have a vote on all matters before the board. (c) In the case of a vacancy in the office of chairman, the vice chairman shall become chairman for the remainder of the unexpired term of the chairman as chairman. In the case of a vacancy in the office of vice chairman, the board shall elect from among its number a vice chairman to serve for the remainder of the unexpired term of the vice chairman as vice chairman. Section 4. Quorum and voting requirements. Three members of the board shall constitute a quorum; and the affirmative vote of three members shall be required for any action to be taken by the board.

Page 3871

Section 5. Compensation of members. (a) The chairman of the board shall receive an annual salary of $4,500.00. Each other member of the board shall receive an annual salary of $4,000.00. Such salaries shall be paid in equal monthly installments from funds of Haralson County. (b) The board of commissioners may authorize the reimbursement of amounts actually and reasonably expended by members of the board in the performance of their duties, subject to such procedures for accounting for and approval of such expenses as may be specified by the board. Section 6. Regular and special meetings. The board shall hold a regular meeting at 9:00 A.M. on the first Tuesday in each month. A special meeting of the board may be called by the chairman, by the vice chairman in the case of absence or disability of the chairman, or by any three members of the board at any time. Section 7. County manager. (a) There is created the office of county manager of Haralson County. The county manager shall be appointed in the manner provided for by the Board of Commissioners of Haralson County to serve at the pleasure of said board. No member of the board shall be appointed county manager during the term of office for which he or she is elected or for a period of one year thereafter. (b) The county manager shall be chosen by the board of commissioners solely upon the basis of his or her administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of office set forth in subsection (c) of this section. (c) The county manager shall be the administrative head of the county government and shall be responsible to the board 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: (1) Except as otherwise provided by law or by ordinance, to appoint and remove all subordinate officers and employees of all departments of the county and to make recommendations to the board of commissioners concern

Page 3872

the appointment and removal of the department heads for all departments of the county, with the exception of the county attorney and the county auditor; (2) To see that all laws and ordinances of the county are enforced; (3) To exercise control over all departments of the county; (4) To prepare and submit to the board of commissioners a proposed annual budget; (5) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (6) To supervise and direct the official conduct of all department heads and the subordinate officers and employees of all departments of the county, except as otherwise provided by law or by ordinance; (7) To attend all meetings of the board with the right to take part in the discussion, provided the county manager shall have no vote before the board; (8) To supervise the performance of all contracts made by any person for work done for Haralson County and to supervise and regulate all purchases of materials and supplies for Haralson County within such limitations and under such rules and regulations as may be imposed by the board of commissioners; (9) To countersign with the chairman of the board of commissioners or, in the case of the chairman's absence or disability, the vice chairman, all checks drawn against funds of Haralson County; and (10) To perform such other administrative duties as shall be established by the board of commissioners. (d) The board of commissioners shall have the right to require the county manager to appear before them at any time and make such reports, oral or written, as they deem necessary.

Page 3873

(e) The county manager shall be required to execute and deliver a good and sufficient bond payable to Haralson 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. (f) Before entering upon his or her duties, the county manager shall take and subscribe an oath for the faithful performance of his or her duties under this Act, which oath shall be duly entered upon the minutes of the board of commissioners. (g) The county manager may be suspended or removed at the pleasure of the board of commissioners by a majority vote of the board of commissioners. (h) The compensation of the county manager shall be fixed by the board of commissioners in an amount not to exceed $50,000.00 per year. In addition the board of commissioners may authorize the reimbursement of amounts actually and reasonably expended by the county manager in the performance of his or her duties, subject to such procedures for accounting for and approval of such expenses as may be specified by the board. Section 8. Commissioner districts. (a) For the purposes of election of the members of the board of commissioners, Haralson County is divided into five commissioner districts as follows: Commissioner District No. 1 Haralson Tract 9902 Blocks 131, 132, 148 through 188, and 191 through 199 Block Group 2 Tract 9903 Blocks 111 through 149, 184, and 199 Blocks 203 through 213 and 218 through 236 Tract 9904 Blocks 101 and 103 through 111 Blocks 209 through 214

Page 3874

Commissioner District No. 2 Haralson Tract 9901 Those parts of Blocks 336 and 337 within the City of Bremen Blocks 338 through 364 That part of Block 365 within the City of Bremen Block 366 Those parts of Blocks 367 and 368 within the City of Bremen Blocks 377 through 385 Tract 9902 Blocks 329 through 345 Those parts of Blocks 346 and 361 within the City of Bremen Blocks 364 through 386 Commissioner District No. 3 Haralson Tract 9902 Block 312 That part of Block 355 outside the City of Bremen that lies north of the Colonial Pipeline Tract 9904 Blocks 102 and 112 through 199 Blocks 201 through 208 and 215 through 222 That part of Block 225 outside the City of Tallapoosa that lies north of Walker Creek That part of Block 225 within the City of Tallapoosa Blocks 226 through 240 That part of Block 241 outside the City of Tallapoosa that lies north of Colonial Pipeline

Page 3875

Block 242 That part of Block 243 that lies north of Walker Creek Blocks 298 and 299 Commissioner District No. 4 Haralson Tract 9901 Blocks 212 and 213 That part of Block 214 lying west of County Road Number 63 Blocks 326 through 329 Those parts of Blocks 336, 337, 365, 367, and 368 outside the City of Bremen Blocks 369 through 376 Tract 9902 Blocks 304 through 311 and 313 through 328 That part of Block 346 outside the City of Bremen That part of Block 346 within the City of Waco Blocks 347 through 354 That part of Block 355 outside the City of Waco that lies south of the Colonial Pipeline That part of Block 355 within the City of Waco Blocks 356 through 360 That part of Block 361 outside the City of Bremen That part of Block 361 within the City of Waco Blocks 362, 363, and 387 through 393 Tract 9904 Blocks 223 and 224 That part of Block 225 outside the City of Tallapoosa that lies south of Walker Creek

Page 3876

That part of Block 241 outside the City of Tallapoosa that lies south of Walker Creek That part of Block 243 that lies south of Walker Creek Blocks 244 through 254, 256 through 258, 260 through 265, and 267 Block Group 3 Commissioner District No. 5 Haralson Tract 9901 Block Group 1 Blocks 201 through 211 That part of Block 214 lying east of County Road Number 63 Block 215 Blocks 301 through 325 and 330 through 335 Tract 9902 Blocks 101 through 130, 133 through 147, 189, and 190 Blocks 301 through 303 Tract 9903 Blocks 101 through 110 Blocks 201, 202, and 214 through 217 (b) For the purposes of this section: (1) The terms Tract,' `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.

Page 3877

(3) Any part of Haralson County which is not included in any commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 9. Office of treasurer abolished. (a) The office of treasurer of Haralson County is abolished. The board of commissioners shall designate a person or persons to perform any duties specified by law to be performed by county treasurers. (b) The following Act and amendatory Acts are repealed in their entirety: An Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), an Act approved March 28, 1969 (Ga. L. 1969, p. 2429), an Act approved April 17, 1975 (Ga. L. 1975, p. 4216), an Act approved March 4, 1977 (Ga. L. 1977, p. 2916), an Act approved March 24, 1978 (Ga. L. 1978, p. 4410), an Act approved April 11, 1979 (Ga. L. 1979, p. 3971), an Act approved March 25, 1980 (Ga. L. 1980, p. 3967), and an Act approved April 6, 1981 (Ga. L. 1981, p. 3930). Section II. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Haralson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Haralson County for approval or rejection. The election superintendent shall conduct that election on the date of the 1990 general 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 Haralson County. The ballot shall have written or printed thereon the words:

Page 3878

() YES () NO Shall the Act be approved which provides for the creation of a five-member board of commissioners as the governing authority of Haralson County, provides for an appointed county manager as the administrative head of the Haralson County government, and abolishes the office of treasurer of Haralson 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, Section I of this Act shall become of full force and effect January 1, 1993, except that those portions of Section I which relate to nomination and election of members of the Board of Commissioners of Haralson County in 1992 shall become effective as necessary to carry out such nomination and election in 1992. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Haralson County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section III. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to submit to the voters of Haralson County the question of changing the form of government of the county governing authority of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County; to provide for elections, terms of office, powers and duties, governmental operations and functions, and such other matters as may be pertinent to such a change in the form of government; to provide for a special

Page 3879

election at which the voters of Haralson County shall determine whether the foregoing shall become effective; to provide for other related matters; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1990. /s/ Thomas B. Murphy 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 25, 1990. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Ann L. Wiley Notary Public, Rockdale County, Georgia My Commission Expires July 29, 1990 (SEAL) Approved March 13, 1990.

Page 3880

STEPHENS COUNTY STATE COURT; JUDGE; SOLICITOR; SALARY. No. 781 (House Bill No. 1529). AN ACT To amend an Act continuing and re-creating the State Court of Stephens County, approved March 28, 1985 (Ga. L. 1985, p. 4673), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act continuing and re-creating the State Court of Stephens County, approved March 28, 1985 (Ga. L. 1985, p. 4673), is amended by striking subsection (d) of Section 11 and inserting in its place a new subsection (d) to read as follows: (d) The judge shall be paid a salary of $21,000.00 per annum, payable monthly out of the funds of Stephens County. The salary of such judge shall be an expense of said court. Section 2. Said Act is further amended by striking subsection (e) of Section 13 and inserting in its place a new subsection (e) to read as follows: (e) The solicitor shall be paid a salary of $21,000.00 per annum, payable monthly out of the funds of Stephens County. The salary of such solicitor shall be an expense of said court. Section 3. This Act shall become effective on July 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 3881

Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of the State of Georgia a Bill to provide for an increase in the salary of the Judge and the Solicitor of the State Court of Stephens County. This 15th day of January, 1990. Jeanette Jamieson, State Representative District 11, Post 2 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 18, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 25th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990.

Page 3882

CHEROKEE COUNTY BOARD OF COMMISSIONERS; QUALIFICATIONS; ELECTIONS; EXPENSES. No. 782 (House Bill No. 1586). AN ACT To amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that neither the chairman nor any commissioner shall be qualified for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office; to provide that the chairman and commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), is amended by striking in its entirety subsection (b) of Section 4 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Neither the chairman nor any commissioner shall be qualified to offer for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office without first resigning from the position in which he at that time is serving. Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 7 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include, without limitation, the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business;

Page 3883

(2) Secretarial services, if required, over and above 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 Cherokee County. 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 1990 session of the Georgia General Assembly a bill to amend an act creating a board of commissioners for Cherokee County approved March 30, 1990 (gal 1989, p. 4295); and for other purposes. This 22nd day of January, 1990. Representatives William G. Hasty, Sr. and Steve Stancil. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Hasty, Sr., who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 24, 1990. /s/ W. G. Hasty, Sr. Representative, 8th District

Page 3884

Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF ATHENS MAYOR; COUNCILMEMBERS; TERMS; ELECTIONS. No. 783 (House Bill No. 1611). AN ACT To amend an Act providing for a new charter for the City of Athens, Georgia, approved April 11, 1979 (Ga. L. 1979, p. 3770), as amended, so as to authorize retention of staggered two-year terms of office; to provide for 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 City of Athens, Georgia, approved April 11, 1979 (Ga. L. 1979, p. 3770), as amended, is amended by adding a new Section 3-103A to read as follows: Section 3-103A. (a) The mayor serving on the effective date of this Act shall remain in office until the normal expiration of his term of office and until a successor is elected and qualified. A mayor shall be elected on the Tuesday next following the first Monday in November of 1991 and biennially thereafter and shall serve for a term of office of two years and until a successor is elected and qualified.

Page 3885

(b) Those council members elected at the general municipal election in November of 1988 shall serve until the expiration of their terms and until their successors are elected and qualified. The successors to such council members shall be elected on the Tuesday next following the first Monday in November of 1990 and shall serve for terms of two years and until their successors are elected and qualified. (c) Those council members elected at the general municipal election in November of 1989 shall serve until the expiration of their terms and until their successors are elected and qualified. The successors to such council members shall be elected on the Tuesday next following the first Monday in November of 1991 and shall serve for terms of two years and until their successors are elected and qualified. 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. STATE OF GEORGIA COUNTY OF CLARKE Personally appeared before me, a notary public within and for the 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: January 18, 1990. /s/ Donald T. Nelson

Page 3886

SWORN TO AND SUBSCRIBED before me this 19 day of January, 1990. /s/ Peppi Teague Notary Public, Clarke County, Georgia My Commission Expires Feb. 23, 1990 (SEAL) 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 1990 regular session thereof for the passage of an Amendment to the City Charter so as to allow the City to retain two (2) year staggered terms of office for minicipal offices elected in general elections; and for other purposes. This 18th day of January, 1990. Mayor and Council of the City of Athens, Ga. By: Denny C. Galis City Attorney Approved March 13, 1990. CITY OF BLAKELY CORPORATE LIMITS. No. 784 (House Bill No. 1684). AN ACT To amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3887

Section 1. An Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, is amended by adding immediately following Section 1 a new Section 1A to read as follows: Section 1A. In addition to any other property heretofore included within the corporate limits of the City of Blakely, the corporate limits shall include the following described territory: Begin at the southwest corner of Land Lot 113 in the 28th Land District of Early County, Georgia, and from that point run thence north along the west Lot Lines of Land Lots 113, 114, 115, 116, 117 and 118 in the 28th Land District to the northwest corner of Land Lot 118 in said Land District; run thence east along the north Lot Lines of Land Lots 118, 83 and 78 in said Land District to the northeast corner of Land Lot 78 in said Land District; run thence south along the east Lot Lines of Land Lots 78, 77, 76, 75, 74 and 73 in said Land District to the southeast corner of Land Lot 73 in said Land District; run thence west along the south lines of Land Lots 73, 88 and 113 in said Land District to the southwest corner of Land Lot 113 in said Land District, 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 1990 session of the General Assembly of Georgia a bill to amend an act Incorporating the City of Blakely, approved December 18, 1900 (Ga. L1900, p219), as amended, so as to change the corporate limits of said city; and for other purposes. This 23rd day of January, 1990. Representative Ralph J. Balkcom Representing 140 District GEORGIA, FULTON COUNTY

Page 3888

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following date: January 25, 1990. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF EMERSON CORPORATE LIMITS. No. 785 (House Bill No. 1687). AN ACT To amend an Act creating a new charter for the City of Emerson, approved March 24, 1988 (Ga. L. 1988, p. 4549), 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 Emerson, approved March 24, 1988 (Ga. L. 1988, p. 4549), is amended by adding at the end of Section 1.11 the following:

Page 3889

The corporate limits of the City of Emerson shall also include the following described parcel or tract of land: ALL THAT TRACT OR PARCEL of land lying and being in Land Lots 685, 756 and 757 of the 4th District, 3rd Section, Bartow County, Georgia, and Lots 749, 720 and 721 of the 21st District, 2nd Section, Bartow County, Georgia and being more particularly described as follows: BEGINNING at a point formed by the intersection of the westerly right-of-way of Interstate 75, the northerly Land Lot line of Land Lot 757, and the City limits of the City of Emerson; thence running easterly across the right-of-way of Interstate 75 to a point located on the easterly right-of-way of Interstate 75; thence running northerly and northwesterly along the easterly and northeasterly right-of-way of Interstate 75 to a point, said point being located South 65239 East 430 feet from the intersection of the northeasterly right-of-way of Interstate 75 and the southeasterly right-of-way of Red Top Mountain Road; thence running North 565130 East 50 feet to a point; thence running North 65239 West 30 feet to a point; thence running South 565130 West 50 feet to a point, said point being on the northeasterly right-of-way of Interstate 75; thence running along the northeasterly right-of-way of Interstate 75 North 65239 West 400 feet to a point, said point being located at the intersection of the northeasterly right-of-way of Interstate 75 and the southeasterly right-of-way of Red Top Mountain Road; thence running along the southeasterly right-of-way of Red Top Mountain Road North 5842 East 199.72 feet to a point; thence running South 281230 East 50 feet to a point; thence running North 5842 East 108.21 feet to a point; thence running North 5735 East 101.79 feet to a point; thence running North 281230 West 50 feet to a point, said point being located on the southeasterly right-of-way of Red Top Mountain Road; thence continuing northwesterly across the right-of-way of Red Top Mountain Road to a point located on the northwesterly right-of-way of Red Top Mountain Road; thence running southwesterly along the northwesterly right-of-way of Red Top Mountain Road to a point formed by the intersection of the northeasterly right-of-way of Interstate 75 and the northwesterly intersection of Red Top Mountain Road; thence running southwesterly across the right-of-way of Interstate 75 to a point formed by the intersection of the southwesterly right-of-way of

Page 3890

Interstate 75 and the northwesterly right-of-way of Red Top Mountain Road; thence running southeasterly across the right-of-way of Red Top Mountain Road to a point formed by the intersection of the southwesterly right-of-way of Interstate 75 and the southeasterly right-of-way of Red Top Mountain Road; thence continuing southeasterly and southerly along the southwesterly and westerly right-of-way of Interstate 75 to THE POINT OF BEGINNING. Improvement, general commercial, unipoles, adjacent to Interstate 75 to meet State specifications. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Emerson, approved March 24, 1988 (Ga. L. 1988, p. 4549); and for other purposes. This 18th day of January, 1990. (s) Hugh Boyd Pettit III Representative, 19th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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: January 25, 1990. /s/ Hugh Boyd Pettit III Representative, 19th District

Page 3891

Sworn to and subscribed before me, this 26th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF PEACHTREE CITY MAYOR; COUNCILMEN; ELECTION; TERMS. No. 786 (House Bill No. 1712). AN ACT To amend an Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2821), so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen of the city; to provide for authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2821), is amended by striking the first paragraph of Section 9 thereof which reads as follows: The municipal general election shall be conducted on the first Tuesday of December each year. For the purposes of electing councilmen, positions on the council shall be numbered as Posts 1 through 4, respectively. At the 1973 general election, candidates who are elected to Posts 1 and 2 on the council shall

Page 3892

serve for an initial term of office of one year and until their successors are duly elected and qualified. Candidates elected in said election to Posts 3 and 4 shall serve for an initial term of office of two years and until their successors are duly elected and qualified. The term of office of the mayor shall be two years and until a successor is duly elected and qualified. Thereafter, successors to such offices shall be elected in the general election which is conducted immediately prior to the expiration of the respective term of office and they shall serve for terms of office of two years and until their successors are duly elected and qualified. Candidates elected to office shall take office on the date of the first scheduled meeting of the council in January following their election. That candidate for each respective office who shall receive the highest number of votes cast for such office by the electors of said city shall be elected to such office., and inserting in its place a new paragraph to read as follows: The municipal general election shall be conducted on the first Tuesday of December of each year except that after January 1, 1993, municipal general elections shall be held on the Tuesday next following the first Monday in November of each year. For the purposes of electing councilmen, positions on the council shall be numbered as Posts 1 through 4, respectively. Successors to those councilmen from Posts 1 and 2 whose terms of office expire on the date of the first scheduled meeting of the council in 1991, shall be elected at the municipal general election in 1990, shall take office on the date of that first scheduled meeting of the council which is held in 1991, and shall serve for terms of office of two years each. Successors to the mayor and to those councilmen from Posts 3 and 4 whose terms of office expire on the date of the first scheduled meeting of the council in 1992 shall be elected at the municipal general election in 1991, shall take office on the date of that first scheduled meeting of the council which is held in 1992, and shall serve for terms of office of two years each. Thereafter, successors to the mayor and each councilman whose term of office is to expire shall be elected at the municipal general election immediately preceding the expiration of such term, shall take office at the first scheduled meeting of the council held in January following their election, and shall serve for terms of office of two years each. Each person elected as mayor or councilman shall serve the terms specified in this paragraph and until the election and

Page 3893

qualification of such person's respective successor. The candidate for each respective office who shall receive the highest number of votes cast for such office by the electors of said city shall be elected to such office. This paragraph is enacted pursuant to the authority of Code Section 21-3-64 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended; to provide for two year terms of office for the Mayor and City Council and for other purposes. This 2nd day of January, 1990. Honorable Paul W. Heard, Jr. Representative, 43rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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: January 16, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District

Page 3894

Sworn to and subscribed before me, this 2nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. CITY OF COLUMBUS MAYOR; COUNCILORS; VACANCIES. No. 787 (House Bill No. 1734). 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, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4515), so as to provide for procedures for filling vacancies in the office of mayor or councilor; 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, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4515), is amended by striking Section 6-201 and inserting in its place a new Section 6-201 to read as follows: Section 6-201. Special elections. In the event the office of mayor or councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one year after the date of a regular election for the office of mayor or councilor,

Page 3895

then the board of elections shall within ten days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia. If a vacancy occurs more than one year after the date of a regular election for the office of mayor or councilor, then a person shall be appointed by a majority vote of the total membership of the council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of mayor or councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement but not less than 30 days nor more than 60 days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of 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 hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill 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 procedures for filling vacancies in the office of Mayor or Councilor by striking the present Section 6-201 of said Charter and inserting a new Section 6-201; to repeal conflicting laws; and for other purposes. HONORABLE THOMAS B. BUCK, III Representative, District 95 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

Page 3896

Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County, on the following date: January 22, 1990. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 24th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 13, 1990. FLOYD COUNTY JUVENILE COURT; JUDGE; ELECTION; SALARY. No. 788 (Senate Bill No. 349). AN ACT To amend an Act providing for the election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), so as to change the manner of electing such judge; to provide for a full-time judge; to limit the practice of law by that judge; to change the compensation of the judge and the method for establishing the compensation; to change the qualifications for that office; to establish an advisory commission and provide for its membership and duties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3897

Section 1. An Act providing for the election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), is amended by striking Sections 1 through 4 thereof and inserting in their place the following: Section 1. (a) The judge of the Juvenile Court of Floyd County who is serving as a part-time judge shall, upon the effective date of this Act, begin to serve as a full-time judge until the expiration of the term to which that judge was elected, which term shall expire December 31, 1990, and until the election and qualification of a successor. That successor and all future successors to such judge whose term of office is to expire shall be elected by the qualified electors of Floyd County at the November general election immediately preceding the expiration of such term and shall take office the first day of January immediately following that election and serve for a term of four years and until the election and qualification of a successor. (b) Beginning in 1990, the judge of the Juvenile Court of Floyd County shall be nominated and elected at nonpartisan primaries and elections held in 1990 and every four years thereafter, which nonpartisan primaries and elections shall be held on the same dates in those years as the general primaries and general elections, respectively, are held. Each such judge shall be nominated and elected at those nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts who 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 2. Each judge of the Juvenile Court of Floyd County who is elected to that office after 1989, or appointed to fill a vacancy therein, shall serve as a full-time judge. The judge of the Juvenile Court of Floyd County is prohibited from practicing law in his own name, in the name of another, as a partner, or in any manner in any cause, proceeding, or matter of any kind in his own court or in any other court. The judge shall not give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. Violation of this section shall be grounds for removal of the judge upon the

Page 3898

vote of a majority of the superior court judges of the Rome Judicial Circuit. Section 3. After this Act becomes effective, the judge of the Juvenile Court of Floyd County shall receive compensation for serving as judge in the amount established by the Board of Commissioners of Floyd County, which amount shall be no less than $40,500.00 and shall be paid from the funds of that county. Section 4. No person shall be eligible to serve as judge of the Juvenile Court of Floyd County unless that person is at least 30 years of age, a citizen of this state, a member of the State Bar of Georgia, and either has practiced law in this state for at least five years or has worked in juvenile justice administration for at least five years. Section 4.1. There is established a Commission for the Study of Methods for Selecting a Juvenile Court Judge. This commission shall be charged with the tasks of reviewing and evaluating current and proposed methods of selecting a juvenile court judge; resolving the legal questions regarding what steps are necessary to change the method of selecting the juvenile court judge; and recommending to the legislative delegation a plan of action regarding the process by which such a change in the selection procedure would be implemented. The commission shall submit a report with its recommendations for a method of selecting the judge of the Juvenile Court of Floyd County. The commission shall be comprised of seven members to be appointed in the following manner: (1) One member appointed by the juvenile court judge then in office; (2) Three members appointed by the legislative delegation of Floyd County; and (3) Three members appointed by the judges of the Superior Court of the Rome Judicial Circuit. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 3899

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 election of the Judge of the Junevile Court of Floyd County approved April 12, 1982 (Ga. Law 1982, p. 4190); and for other purposes. This 7th day of February, 1989. Ken Fuller, Senate District 52 E.M. Buddy Childers, Rep. Dist. 15, Post 1 Forrest McKelvey, Rep. Dist. 15, Post 2 Paul Smith, Rep. Dist. 16 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Fuller, who, on oath, deposes and says that he is Senator from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: February 10, 1989. /s/ Ken Fuller Senator, 52nd 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. Approved March 20, 1990.

Page 3900

DEKALB COUNTYCODE OF ETHICS; BOARD OF ETHICS OF DEKALB COUNTY; MEMBERS; POWERS; DUTIES. No. 790 (Senate Bill No. 590). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb County; to provide for the creation of an independent Board of Ethics of DeKalb County; to provide for the powers and duties of said Board of Ethics; to provide that a member of the governing authority of DeKalb County shall forfeit his office for a violation of the code of ethics; to provide for the removal of a member of the governing authority by the Board of Ethics; to provide for judicial review; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by adding immediately following Section 22 of the 1981 amendatory Act a new Section 22A to read as follows: Section 22A. (a) (1) It is essential to the proper administration and operation of the DeKalb County government that the members of its governing authority be, and give the appearance of being, independent and impartial;

Page 3901

that public office not be used for private gain; and that there be public confidence in the integrity of the DeKalb County governing authority. Because the attainment of one or more of these ends is impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of members of the DeKalb County governing authority, the public interest requires that the General Assembly protect against such conflicts of interest by establishing by law appropriate ethical standards with respect to the conduct of the members of the governing authority in situations where a conflict may exist. (2) The General Assembly recognizes that an appropriate and effective code of ethics for appointive officials and employees of DeKalb County is also essential for the proper administration and operation of the DeKalb County government. The General Assembly, therefore, urges and expects the Commission to provide by ordinance for a code of ethics substantially the same as the one provided by this section for such appointive officials and employees. (b) As used in this section, the term: (1) `Business' means a corporation, a partnership, a sole proprietor, or any other person or organization carrying on an enterprise for profit. (2) `Confidential information' means any information which by law or practice is not available to the public. (3) `Consultant' means any person not a member of the governing authority who is retained, designated, or specially employed to render personal services of a technical or professional nature, whether paid or unpaid, and who has other personal or private employment. The term `consultant' includes, but is not limited to, attorneys, architects, engineers, surveyors, accountants, brokers, financial advisers, and title abstractors. (4) `Contract' means any claim or demand against or any lease, account, or agreement with any person, whether

Page 3902

express or implied, executed or executory, verbal or in writing. (5) `Emergency situation' means any circumstance or condition giving rise to an immediate necessity for the execution of a contract by and between DeKalb County and a member of the governing authority or between DeKalb County and a business in which a member of the governing authority has an interest and where, to the satisfaction of the Chief Executive, it is shown that there is no one other than such persons with whom the contract could have been made and that the necessity was not brought about by such persons' own fault or neglect. (6) `Immediate family' means an individual and the individual's spouse and their parents, children, brothers, and sisters. (7) `Interest' means any direct or indirect pecuniary or material benefit held by or accruing to a member of the governing authority or to a member of the Board of Ethics as a result of a contract or transaction which is or may be the subject of an official act or action by or with DeKalb County. Unless otherwise provided in this section, the term `interest' does not include any remote interest. A member of the governing authority or a member of the Board of Ethics shall be deemed to have an interest in transactions involving: (A) Any person in the member's immediate family; (B) Any person with whom a contractual relationship exists whereby the member may receive any payment or other benefit; (C) Any business in which the member is a director, officer, employee, prospective employee, or shareholder; or (D) Any person of whom the member is a creditor, whether secured or unsecured.

Page 3903

(8) `Member of the governing authority' or `member' means the Chief Executive or any commissioner of DeKalb County. (9) `Official act or action' means any legislative, administrative, appointive, or discretionary act of the Commission, the Chief Executive, or a commissioner. (10) `Paid' means the receipt of, or right to receive, a salary, commission, or percentage, brokerage, or contingent fee. (11) `Participate' means to take part in official acts, actions, or proceedings personally as a member of the governing authority through approval, disapproval, decision, recommendation, investigation, the rendering of advice, or the failure to act or perform a duty. (12) `Person' means any individual, business, labor organization, representative, fiduciary, trust, or association, whether paid or unpaid, and includes any member of the governing authority. (13) `Property' means any property, whether real or personal, or tangible or intangible, and includes currency and commercial paper. (14) `Remote interest' means the interest of: (A) A nonsalaried director, officer, or employee of a nonprofit corporation; (B) A holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (C) Any person in a representative capacity, such as a receiver, trustee, or administrator; or (D) Any person who, by determinations of the Board of Ethics, is deemed to have such an interest.

Page 3904

(15) `Transaction' means the conduct of any activity that results in or may result in an official act or action of the governing authority of DeKalb County. (c) No member of the governing authority shall: (1) By his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official acts or actions or that he is affected unduly by the rank or position of or kinship or association with any person; (2) (A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for himself or another person if: (i) It tends to influence him in the discharge of his official duties; or (ii) He recently has been, or is now, or in the near future may be, involved in any official act or action directly affecting the donor or lender. (B) Subparagraph (A) of this paragraph shall not apply in the case of: (i) An occasional nonpecuniary gift of insignificant value; (ii) An award publicly presented in recognition of public service; or (iii) A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of Georgia to engage in the making of such a loan; (3) Disclose or otherwise use confidential information acquired by virtue of his position for his or another person's private gain; (4) Appear on his own personal behalf, or represent, advise, or appear on the personal behalf of, whether paid or

Page 3905

unpaid, any person before any court or before any legislative, administrative, or quasi-judicial board, agency, commission, or committee of the state or of any county or municipality concerning any contract or transaction which is or may be the subject of an official act or action of DeKalb County or otherwise use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or other persons; (5) Engage in, accept employment with, or render services for any private business or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of his official duties. For the purposes of this paragraph, the employment of a consultant by any business involving matters unrelated to any contract or transaction by or with DeKalb County shall not be deemed incompatible with such consultant's official duties; (6) Acquire an interest in any contract or transaction at a time when he believes or has reason to believe that such an interest will be affected directly or indirectly by his official act or actions or by the official acts or actions of the governing authority of DeKalb County; or (7) Engage in any activity or transaction that is prohibited by law now existing or hereafter enacted which is applicable to him by virtue of his being a member of the governing authority. (d) A member of the governing authority who has an interest that he has reason to believe may be affected by his official acts or actions or by the official acts or actions of the governing authority of DeKalb County shall disclose the precise nature and value of such interest by sworn written statement to the Board of Ethics and ask for its opinion as to the propriety of said interest. Every member of the governing authority who knowingly has any interest, direct or indirect, in any contract to which DeKalb County is or is about to become a party, or in any other business with DeKalb County, shall make full disclosure of such interest to the governing authority of DeKalb County and to the Board of Ethics. The information disclosed by such sworn statements, except for the valuation

Page 3906

attributed to the disclosed interest, shall be made a matter of public record by the Board of Ethics. (e) A member of the governing authority shall disqualify himself from participating in any official act or action of DeKalb County directly affecting a business or activity in which he has any interest, whether or not a remote interest. (f) DeKalb County shall not enter into any contract involving services or property with a member of the governing authority or with a business in which a member of the governing authority has an interest. This section shall not apply in the case of: (1) The designation of a bank or trust company as a depository for county funds; (2) The borrowing of funds from any bank or lending institution which offers the lowest available rate of interest for such loan; (3) Contracts entered into with a business which employs a consultant, provided that the consultant's employment with the business is not incompatible with the consultant's official duties under paragraph (3) of subsection (b) of this section; (4) Contracts for services entered into with a business which is the only available source for such goods or services; and (5) Contracts entered into under circumstances which constitute an emergency situation, provided that a record explaining the emergency is prepared by the Chief Executive and submitted to the Board of Ethics at its next regular meeting and thereafter kept on file. (g) DeKalb County shall not enter into any contract with, or take any official act or action favorably affecting, any person, or business represented by such person, who has been within the preceding 12 month period a member of the governing authority.

Page 3907

(h) (1) This section shall be construed liberally to effectuate its purposes and policies and to supplement such existing laws as may relate to the conduct of members of the governing authority. (2) The propriety of any official act or action taken by or transaction involving any member of the governing authority immediately prior to the time this section shall take effect shall not be affected by the enactment of this section. (3) The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. (i) (1) There is created the Board of Ethics of DeKalb County to be composed of seven citizens of DeKalb County to be appointed as provided in paragraph (2) of this subsection. Each member of the Board of Ethics shall have been a resident of DeKalb County for at least one year immediately preceding the date of taking office and shall remain a resident of the county while serving as a member of the Board of Ethics. No person shall serve as a member of the Board of Ethics if the person has, or has had within the immediately preceding two-year period, any interest in any contract, transaction, or official action of DeKalb County. (2) Two members of the Board of Ethics shall be appointed by the Chief Executive and five members shall be appointed by a majority vote of the full membership of the Commission. One member appointed by the Chief Executive shall be appointed for an initial term of one year and the other shall be appointed for an initial term of five years. The five members appointed by the Commission shall each be appointed for respective initial terms of two, three, four, six, and seven years. The appointing authorities shall designate the initial terms of their respective appointees. Successors to the first members of the Board of Ethics and future successors shall be appointed by the respective appointing authorities for terms of seven years upon the expiration of the respective terms of office. All members of the Board of

Page 3908

Ethics shall serve until their successors are appointed and qualified. The first members of the Board of Ethics shall be appointed to take office on January 1, 1991. (3) If a member of the Board of Ethics ceases to be a resident of DeKalb County, that member's position on the board, by operation of law, shall become vacant upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy in the Board of Ethics shall exist by reason of death, resignation, or loss of residency as described in this paragraph. A member of the Board of Ethics may be removed from office during a term only if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility. A vacancy shall be filled for the unexpired term by the respective appointing authority. (4) The members of the Board of Ethics shall serve without compensation and shall elect from their own membership a chairman and otherwise provide for their own internal organization. The governing authority of DeKalb County shall provide adequate office and meeting space for the Board of Ethics. Subject to budgetary procedures and requirements and DeKalb County merit system regulations, the Board of Ethics shall be authorized to employ its own staff and clerical personnel. The governing authority of DeKalb County shall also provide the Board of Ethics with such supplies and equipment as may be reasonably necessary for it to carry out its duties and responsibilities. The Board of Ethics shall be a department of the county government and shall be subject to budgetary procedures and requirements in the same manner as are other departments of the county government; provided, however, in exercising its powers and duties under this section, the Board of Ethics shall be completely independent and shall not be subject to control or supervision by the Chief Executive, the Commission, or any other officer, department, or agency of the county government.

Page 3909

(5) The Board of Ethics shall have the following duties: (A) To establish procedures, rules, and regulations governing its internal organization and the conduct of its affairs; (B) To render advisory opinions with respect to the interpretation and application of this section to all persons who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed in this section. Such opinions shall be binding on the Board of Ethics in any subsequent complaint concerning the person who sought the opinion and acted in good faith, unless material facts were omitted or misstated in the request for the advisory opinion; (C) To prescribe forms for the disclosures required in this section and to make available to the public the information disclosed as provided in this section; (D) To receive and hear complaints of violations of the standards required by this section; (E) To make such investigations as it deems necessary to determine whether any person has violated or is about to violate any provisions of this section; and (F) To hold such hearings and make such inquiries as it deems necessary for it to carry out properly its functions and powers. (6) (A) Any member of the governing authority who knowingly violates any provision of the code of ethics provided for in this section shall forfeit his office as a member of the governing authority and may be removed from office after notice and hearing by the affirmative vote of five members of the Board of Ethics. The Board of Ethics by its own motion or as a result of a complaint filed with the Board of Ethics by any citizen or by a group of citizens of DeKalb County may make such investigation as it deems proper to carry out its duties

Page 3910

under this paragraph. For the purposes of this paragraph, the Board of Ethics may hold and conduct hearings, issue subpoenas, examine witnesses, and administer oaths. The Board of Ethics shall apply to the Superior Court of DeKalb County for the enforcement of any subpoena issued by the board. (B) At any hearing held under subparagraph (A) of this paragraph, the member of the governing authority who is adversely affected shall have the right to be represented by counsel, to hear and examine the evidence and witnesses against the member of the governing authority, and to present evidence and witnesses in opposition or in extenuation. (7) (A) Any member of the governing authority adversely affected by any final decision of the Board of Ethics under paragraph (6) of this subsection may obtain judicial review of such decision as provided in this paragraph. (B) An action for judicial review may be commenced in the Superior Court of DeKalb County within 30 days after the decision of the Board of Ethics becomes final. (C) The effective date of the final decision of the Board of Ethics shall be postponed pending judicial review provided for in this paragraph. (D) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, testimony, evidence, exhibits, and other papers presented to or considered by the Board of Ethics and the findings and decision of the Board of Ethics. As to alleged procedural irregularities, evidence may be taken independently by the court. (E) If the court finds no error, it shall affirm the decision of the Board of Ethics. If it finds that such action was: (i) Arbitrary or capricious;

Page 3911

(ii) A denial of a statutory right; (iii) Contrary to constitutional right, power, privilege, or immunity; (iv) In excess of statutory jurisdiction, authority, purposes, or limitation; (v) Not in accord with the procedures or procedural limitations of this section or otherwise required by law; (vi) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or (vii) Otherwise contrary to law, then the court shall hold unlawful and set aside the decision of the Board of Ethics removing the member of the governing authority from office. (F) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action. Section 2. Said 1981 amendatory Act is further amended by striking paragraph (1) of subsection (a) of Section 23 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Sections 1, 3, 5, 11, 13, 13A, 14, 15, 16, 22A, and 23 of this Act, subsections (a) and (c) of Section 2 of this Act, and subsection (a) of Section 9 of this Act may be amended only by Acts of the General Assembly, and any such Act shall be conditioned for its effectiveness on the approval of a majority of the qualified electors of DeKalb County voting at an election held for such purpose. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in

Page 3912

this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the 1990 general election 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 DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a code of ethics for the members of the governing authority of DeKalb 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 as provided in Section 4 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 DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. If this Act is approved at the referendum provided for in Section 3 of this Act, it shall become effective upon the certification of the results of the referendum for the administrative purpose of allowing the consideration of persons for appointment to the Board of Ethics, and it shall become effective for all purposes on January 1, 1991. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Page 3913

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act of revising, superceding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended; and for other purposes. This 8th day of January, 1990. Honorable James W. Tysinger Senator, 41st District 20-41206,1/18 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 Tysinger - local legislation intent a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18th day of January 1990. /s/ Gerald W Crane Co-Publisher by /s/ Linda L. Orr Agent

Page 3914

Sworn to and subscribed before me this 18th day of January 1990 /s/ Samme Johnson Notary Public My commission expires Jan. 1, 1994 (SEAL) Approved March 20, 1990. CITY OF HARTWELL CITY COUNCILMAN; ELECTION. No. 791 (Senate Bill No. 646). AN ACT To amend an Act creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. L. 1972, p. 3743), as amended, so as to change certain provisions relating to the expiration of a certain term of municipal 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 creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. L. 1972, p. 3743), as amended, is amended by adding a new section immediately following Section 2.04, to be designated Section 2.04A, to read as follows: Section 2.04A. The person elected to succeed to the office of city councilman, now held by Sarah J. Mayfield, who shall be elected at the December, 1990, municipal election, shall be elected and shall serve for a term of office to expire on December 31, 1995. Each successor to such office shall be elected as provided by Code Section 21-3-63 of the O.C.G.A. for a term of office of four years and until his successor is elected and qualified.

Page 3915

Section 2. This Act is enacted pursuant to the authority provided for in paragraph (1) of subsection (a) 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 1990 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Hartwell, approved April 3, 1972 (Ga. L. 1972, p. 3743) as amended; and for other purposes. This 16th day of January, 1990. /s/ C. Donald Johnson Senator, 47th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following date: January 17, 1990. /s/ C. Donald Johnson, Jr. Senator, 47th District

Page 3916

Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COBB COUNTY STATE COURT; JUDGE; SALARY. No. 792 (Senate Bill No. 744). 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 change the compensation of the judges of the State Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 23 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., and inserting in lieu thereof the following: The salary of the judges of the State Court of Cobb County shall be $79,412.00 per annum.

Page 3917

Section 2. This Act shall become effective on 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 1990 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. 1964, p. 3211), as amended and for other purposes. This 29th day of December, 1989. /s/Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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

Page 3918

the official organ of Cobb County, on the following date: December 29, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. TOWN OF ORCHARD HILL MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS; VACANCIES. No. 793 (Senate Bill No. 747). AN ACT To amend an Act incorporating the Town of Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies; 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 Town of Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

Page 3919

Section 5. (a) The corporate powers of the town shall be vested in a council, composed of three councilmembers, one of whom shall be designated mayor as provided in this section. Those councilmembers 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 until their successors are elected and qualified. (b) The council shall be divided into three posts and candidates shall specify which post for which they seek election. Municipal elections shall be held on the Tuesday next following the first Monday in November as follows: (1) At the election in 1990, and quadrennially thereafter, the councilmember from post 3 shall be elected for a term of office of four years. (2) At the election in 1991, the councilmember from post 1 shall be elected for a term of three years; thereafter, successors to council post 1 shall be elected for terms of four years. (3) At the election in 1993, and quadrennially thereafter, the councilmember from post 2 shall be elected for a term of four years. All councilmembers shall serve until their successors are elected and qualified. (c) The mayor shall be designated from among the councilmembers for a term of one year. Beginning January 1, 1991, the councilmember representing post 1 shall serve as mayor for a term of one year and, thereafter, such position shall rotate among the councilmembers on an annual basis. (d) No person shall vote or be eligible to run for the office of councilmember who is not a resident of the town and who is not qualified to vote for members of the General Assembly. Section 2. Said Act is further amended by adding a new Section 12 to read as follows:

Page 3920

Section 12. Vacancies in office. If a vacancy occurs in the office of councilmember or mayor when one year or less is remaining in the term of the mayor or councilmember whose position is vacated, the remaining councilmembers by unanimous vote shall appoint an individual to serve the remaining portion of the unexpired term. If a vacancy occurs in the office of councilmember or mayor with more than one year remaining in the term of the mayor or councilmember whose position is vacated, or the remaining councilmembers cannot agree on an individual to serve the unexpired portion of a term when they are authorized to appoint a replacement as set out above, the unexpired term shall be filled by a special election held pursuant to the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' 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 1990 session of the General Assembly of Georgia a bill to amend the Charter of the City of Orchard Hill, approved August 19, 1912 (Ga. L. 1912, p. 1190), as ammended, so as to change the manner of time of electing the mayor and council members; to provide for filing vacancies; and for other purposes. This 7th day of February, 1990. /s/ Frances F. Jones City Clerk 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 Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 9, 1990.

Page 3921

/s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY MEMBERS; APPOINTMENT AND ELECTION; DISTRICT. No. 794 (House Bill No. 840). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3642), an Act approved March 25, 1980 (Ga. L. 1980, p. 3866), and an Act approved March 2, 1983 (Ga. L. 1983, p. 3563), so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies; to provide for a larger Downtown Marietta District for projects for certain tax-exempt organizations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3642), an Act approved March 25, 1980 (Ga. L.

Page 3922

1980, p. 3866), and an Act approved March 2, 1983 (Ga. L. 1983, p. 3563), is amended by striking the fourth sentence of subsection (a) of Section 2 thereof and inserting in its place a new sentence to read as follows: The remaining three members of the Authority shall be elected by the owners of business establishments with a licensed place of business located within the Downtown Marietta District., so that when so amended that subsection shall read as follows: (a) The Authority shall be composed of eight members to be appointed and elected as hereinafter provided. One member of the Authority shall be the ex officio Mayor of the City of Marietta and one member of the Authority shall be ex officio Chairman of the Board of Commissioners of Cobb County. Three members of the Authority shall be elected by the owners of the property which is subject to the tax provided for in Section 4 of this Act. The remaining three members of the Authority shall be elected by the owners of business establishments with a licensed place of business located within the Downtown Marietta District. The initial three members of the Authority elected by each group of such owners, as provided above, shall serve for terms of office of one, two and three years, respectively. Thereafter, all terms of office of members of the Authority shall be for three years, except for the Mayor and the Chairman of the Board of Commissioners of Cobb County. Section 2. Said Act is further amended by striking subsection (b) of Section 2 thereof and inserting in its place a new subsection (b) to read as follows: (b) (1) The initial members of the Authority to be elected by the property owners and owners of businesses, as provided above, shall be elected in a caucus of each respective owner group, which caucus shall be held within 60 days after this Act becomes law and at such time and place as the Mayor of the City of Marietta shall designate after due notice thereof shall have been given to the respective owners. Thereafter, there shall be conducted annually a caucus of each owner group at such time and place as the Authority shall designate after having given due notice thereof to the

Page 3923

participants for the purpose of electing successors to the initially elected members of the Authority. The due notice requirement in this subsection may be met by giving written notice mailed to the last address shown (1) on the ad valorem tax records of the City of Marietta for the preceding year for owners of property in the Downtown Marietta District and (2) on the business license records of the City of Marietta for the preceding year for owners of businesses in the Downtown Marietta District with a licensed place of business located within the Downtown Marietta District, at least ten days prior to the caucus of the owner group given such notice, together with notice published once a week during the two calendar weeks immediately preceding said caucus in the newspaper in Cobb County in which sheriff's advertisements appear. Fifteen percent of the members of each owner group caucus shall constitute a quorum, and any action may be approved by a majority of those present and voting. The lack of a quorum of one owner group shall not prohibit the other owner group from electing a successor, provided that group has a quorum. (2) Each property owner shall have one vote regardless of the number of parcels of property owned by such owner, except as otherwise set forth in this subsection. If a parcel of property is owned by more than one person, the vote of the Owner of that property shall be the vote of the majority of owners; provided, however, that if one of the owners is voting due to his ownership of another parcel, the vote of the Owner of that property shall be the vote of the majority of the remaining owners. If a parcel of property is owned by a partnership or association, the vote of the Owner of the property shall be the vote of a majority of the partners or members. A partner or member of an association is the only person empowered to vote for the partnership or association and the partner or member shall not be able to vote for more than one partnership or association. If a parcel of property is owned by a life tenant and remainderman, they shall be considered a partnership for voting purposes. If a parcel of property is owned by a minor or in trust for a minor, the parent, guardian, or trustee shall be empowered to cast the vote for the minor or trust. If a parcel of property is owned by a person who has been adjudicated incompetent, the guardian shall be entitled to

Page 3924

cast the vote for said person. If the property is owned by an estate, the vote of the estate shall be exercised by an executor or administrator of the estate. If the property is owned by a corporation, the vote of the corporation shall be exercised by the president or, in his absence, such other officer as may be empowered to vote by the president or the board of directors of the corporation upon proof thereof being submitted to the Authority. Should the name of the individual who is voting not appear on the property owner list furnished by the city, the person conducting the election may require proof of ownership of property within the district by presentation of a copy of the owner's deed and, if the entity is a partnership, association, or corporation, a copy of the partnership agreement or minutes of the meeting designating such person as the voting owner, member, or officer. (3) The owner of a business establishment with a licensed place of business located within the Downtown Marietta District shall have one vote regardless of the number of places of business located therein. If a business is owned by more than one person, the vote of the Owner of that business shall be the vote of the majority of owners. If the business is owned by an association or a partnership, the vote of the Owner of that business shall be the vote of the majority of the partners or members of the association. If the business is owned by an estate, the vote of the Owner of that business shall be cast by an executor or administrator of the estate. If the business is owned by a corporation, the vote of the Owner of that business shall be exercised by its president or such other officer as may be empowered to vote by the corporation's president or board of directors upon proof thereof being submitted to the Authority. If the name of the individual who is voting does not appear on the business owner list provided by the city, the person conducting the election may require that business owner to submit a copy of his, her, or its business license or a receipt from the purchase of the business and, if there is more than one owner, minutes of the meeting designating such person as the voting owner, member, or officer, provided this list shall not authorize a vote for one on said list who does not hold a current valid business license in the Downtown Marietta District.

Page 3925

(4) All votes shall be exercised in person by owners whether individuals, designated voting partners, designated voting members of an association, guardians, trustees, parents of a minor, or officers of a corporation, and no votes by proxy shall be permitted. (5) To be qualified to be an elected member of the Authority, an individual must be eligible to vote in the owner group by which he is elected. If an elected member of the Authority is no longer an eligible voter in the group which he is elected to represent, such ineligibility shall automatically vacate the position he holds. A special election to fill any vacancy shall be held at the next annual caucus of owners or earlier if a date for the special election is set by a majority of the remaining members of the Authority. Alternatively, any vacancies in office on the Board of the Authority may be filled by vote of the remaining members of the Board at any meeting, such appointed member to serve until the next annual caucus of owners, when the vacancy shall then be filled by a special election held simultaneously with the regular election to fill the unexpired term. Section 3. Said Act is further amended by striking from the beginning of Section 3A thereof the following: For, and inserting in its place the following: For the purpose of any project to be owned, leased, or occupied by any organization now or hereafter described in Section 501(c)(3) of the Internal Revenue Code of the United States of America, or any comparable section of any subsequent such Code or amendments thereto, or for, and by adding to the end of Section 3A thereof the following: ; provided, however, any Project owned, leased, or occupied by a 501(c)(3) organization may be required by the Authority as a condition of any financing to pay City of Marietta and Downtown Marietta Development Authority ad valorem taxes on the Project financed or make payments to the

Page 3926

City of Marietta and the Downtown Marietta Development Authority in lieu of such taxes in like amount of such taxes if such taxes were levied for the duration of any such financing., so that when so amended said Section 3A shall read as follows: Section 3A. For the purpose of any Project to be owned, leased, or occupied by any organization now or hereafter described in Section 501(c)(3) of the Internal Revenue Code of the United States of America, or any comparable section of any subsequent such Code or amendments thereto, or for the purpose of any Project to be owned, leased or occupied by any governmental agency or agencies for at least 50 percent of its floor space, the Downtown Marietta District shall also include the entire City Limits as now or hereafter constituted, of the City of Marietta, provided this shall not extend the taxing district of the Authority beyond the boundaries set forth in Section 3 of the Act; provided, however, any Project owned, leased, or occupied by a 501(c)(3) organization may be required by the Authority as a condition of any financing to pay City of Marietta and Downtown Marietta Development Authority ad valorem taxes on the Project financed or make payments to the City of Marietta and the Downtown Marietta Development Authority in lieu of such taxes in like amount of such taxes if such taxes were levied for the duration of any such financing. 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 Downtown Marietta Development Authority approved April 10, 1971 (Ga. L. 1971, p. 3450), as heretofore amended and for other purposes. This 2nd day of Jan., 1989.

Page 3927

/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 8th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 20, 1990.

Page 3928

CHATHAM COUNTYINTERGOVERNMENTAL COUNCIL; CREATION; MEMBERS; DUTIES. No. 795 (House Bill No. 1396). AN ACT To create the Intergovernmental Council of Chatham County; to provide for the powers and duties of the council; to provide for the membership of such council; to provide for the terms of such members; to provide for filling vacancies; to provide for staff; to provide for reports of the council; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the Intergovernmental Council of Chatham County. The council shall be composed of 17 members as follows: (1) The chairman of the Board of Commissioners of Chatham County, or his designee; (2) The mayor of the City of Savannah, or his designee; (3) The president of the Board of Public Education of the City of Savannah and the County of Chatham, or his designee; (4) The mayor of each of the seven municipalities located wholly or partially located in Chatham County, or his designee; (5) Two members from the Chatham County legislative delegation to be designated by the chairman of the delegation; and (6) Six residents of Chatham County to be appointed by the legislative delegation, three by the Senate members of the delegation and three by the House delegation.

Page 3929

(b) The members of the council who are elected officials shall serve on the council for the duration of their respective terms of office. The private citizen members of the council shall serve for terms of two years. A vacancy in any of the citizen member positions on the council shall be filled in the same manner as the original election for the remainder of the unexpired term. (c) The members of the Intergovernmental Council of Chatham County shall serve without compensation. The local governing authorities represented on the council shall cooperate in providing the council with any assistance necessary to perform its duties under this Act. (d) (1) The first meeting of the council shall be the first Monday in April, 1990. The council shall meet at a location to be selected by the two members of the Chatham County legislative delegation who serve on the council. (2) The members of the council shall, at their first meeting, elect one of their number to serve as chairman. The council shall meet at least quarterly and may meet more frequently on the call of the chairman. (3) The first chairman shall serve until December 31, 1991. Thereafter, the chairman shall serve for a term of one year beginning January 1 and expiring December 31 of each year. Section 2. (a) The council shall perform the following duties and functions: (1) Serve as a forum for the discussion, study, and resolution of intergovernmental problems; (2) Evaluate on a continuing basis the interrelationships among Chatham County and the various local political subdivisions of the county in the provision of public services to the citizens of Chatham County; (3) Consider on its own initiative ways and means of fostering better relations and an effective working relationship

Page 3930

among the political subdivisions of Chatham County; and (4) Develop short-term and long-range objectives, goals, and strategies for addressing the issues facing Chatham County. (b) The council shall issue an annual report of its findings and recommendations not later than December 31 of each year. (c) The council is authorized, in furtherance of its duties, to hold public hearings at various locations in the county to obtain input from residents of the county and its municipalities. Section 3. All laws and parts of laws in conflict with this Act are repealed. There will be introduced during the 1990 Session of the Georgia General Assembly a Bill creating an intergovernmental Council for Chatham County. Dewayne Hamilton, State Representative District 124 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DeWayne Hamilton, who, on oath, deposes and says that he is Representative from the 124th 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: December 22, 1989. /s/ DeWayne Hamilton Representative, 124th District

Page 3931

Sworn to and subscribed before me, this 8th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. FULTON COUNTYBOARD OF EDUCATION; PENSION AND RETIREMENT SYSTEM. No. 796 (House Bill No. 1174). AN ACT To amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to to provide for investment authority for such board and control of investments; to provide for payment of employee contributions to the pension fund by the Fulton County Board of Education and the procedure in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is further amended by striking Section 19 in its entirety and substituting in lieu thereof a new Section 19 to read as follows:

Page 3932

Section 19. (a) The members of the pension board shall be the trustees of the pension and retirement fund and shall have full power to receive all contributions required to be made under this Act or other provisions of law by employees or employers; to receive gifts or donations of money or property, real or personal; to receive and disburse pension or retirement funds from any state or local teachers' retirement agency; and to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurers in the making and disposing of their investments; provided, however, no investments shall be made in real estate. Said pension board shall invest and reinvest said funds and use all of said funds and the income therefrom for the purposes authorized by this Act. No more than 50 percent of pension fund assets may be invested in equities. Subject to like restrictions, the pension board shall have the power to hold, transfer, and dispose of any investments in which pension fund assets are invested, including proceeds of investments. The pension board is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the pension board so authorizes. (b) For the purpose of meeting disbursements for pensions and other payments, the pension board may keep available cash on deposit in one or more banks or trust companies organized under the laws of this state or of the United States, provided that the sum on deposit in any one bank or trust company shall not exceed 25 percent of the paid-up capital and surplus of each bank or trust company. Each bank or trust company shall give a depository bond in an amount sufficient to cover the deposits or shall place in trust a sufficient amount of federal or state securities to cover the deposits. Section 2. Said Act is further amended by inserting following Section 6 thereof a new Section 6A to read as follows: Section 6A. (a) Notwithstanding any other provisions of this Act, commencing on July 1, 1990, the Fulton County Board of Education shall pay to the pension fund on behalf and to the credit of each member required to make employee contributions, on each and every payroll period, the employee membership contributions, specified by law for membership

Page 3933

service acquired after June 30, 1990. No member shall be entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the pension fund by the Fulton County Board of Education in accordance with the preceding sentence. (b) Employee contributions made by employers on behalf of members as provided in subsection (a) of this section shall be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; provided, however, the Fulton County Board of Education shall continue to withhold federal income taxes on the basis of such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available. (c) The Fulton County Board of Education may reduce the compensation payable to a member in an amount not exceeding the amount of the employee contribution paid by the Board of Education on behalf of the member as provided in subsection (a) of this section. Such reduction in compensation may be made, notwithstanding the fact that the compensation provided by or pursuant to law for the member may be reduced thereby. (d) Employee contributions made by the Fulton County Board of Education on behalf of members as provided in subsection (a) of this section shall be included in the monthly earnings of members in the computation of retirement benefits, and, except for the purposes of subsection (b) of this section, such contributions shall continue to be employee contributions for all purposes under this Act. (e) Employee contributions made by the Fulton County Board of Education on behalf of members as provided in subsection (a) of this section shall continue to be taxable income for the purposes of Chapter 7 of Title 48 of the O.C.G.A., relating to Georgia income taxes, notwithstanding the fact that under subsection (b) of this section such contributions may be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code.

Page 3934

(f) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties provided for by other provisions of this Act and such other provisions shall remain of full force and effect with respect to any matter not specifically provided for under this Act. Section 3. This Act shall become effective May 15, 1990. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended; and for other purposes. This 12th day of December, 1989. 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: December 15, 1989. /s/ Dick Lane Representative, 27th District

Page 3935

Sworn to and subscribed before me, this 3rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. TWIGGS COUNTY HOMESTEAD EXEMPTIONS; REFERENDUM. No. 797 (House Bill No. 1403). AN ACT To restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older; to specify the terms and conditions of such exemptions and the procedures relating thereto; to provide for the conditional repeal of certain homestead exemptions; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The homestead of each resident of Twiggs County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Twiggs County ad valorem taxation for county purposes and Twiggs County school district ad valorem taxes for educational purposes subject to the following limits:

Page 3936

(1) The exemption granted by this section shall not exceed $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1981; (2) The exemption granted by this section shall not exceed $5,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1982; and (3) The exemption granted by this section shall not exceed $6,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1983, and for all tax years thereafter. Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes. Section 4. Any person who, as of January 1, 1991, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state or for the Twiggs County homestead exemption granted by Section 1 of a local constitutional amendment (Ga. L. 1980, p. 2180), and continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution shall be eligible for the exemption granted by Section 1 of this Act without applying therefor. Thereafter, the exemption granted by Section 1 of this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. Each resident of Twiggs County who is 65 years of age or older is granted an exemption from Twiggs County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as

Page 3937

a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows: (1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1981; (2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1982; and (3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1983, and for all tax years thereafter. Section 6. The exemption granted by Section 5 of this Act shall be in lieu of and not in addition to the $4,000.00 exemption from county ad valorem taxation granted by Code Section 48-5-47 of the O.C.G.A. to persons who meet the age and income qualifications set out in Section 5 of this Act. If the amount of said exemption granted by Code Section 48-5-47 of the O.C.G.A. is increased above the amount of the exemption granted by Section 5 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 5 of this Act. Section 7. The exemption granted by Section 5 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, county taxes for school purposes, state taxes, or municipal taxes.

Page 3938

Section 8. Any person who as of January 1, 1991, has applied for and is eligible for the $4,000.00 exemption from county ad valorem taxation granted by Code Section 48-5-47 of the O.C.G.A. to persons who meet age and income requirements corresponding to those set out in Section 5 of this Act or for the Twiggs County homestead exemption granted by Section 2 of a local constitutional amendment (Ga. L. 1980, p. 2180), and continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution shall be eligible for the exemption granted by Section 5 of this Act without applying therefor. Thereafter, the exemption granted by Section 5 of this Act shall be claimed and returned in the same manner as the application for the exemption granted by Code Section 48-5-47 of the O.C.G.A. It shall be the duty of any such person to notify the tax commissioner or tax receiver in the event such person becomes ineligible for the exemption granted by Section 5 of this Act. Section 9. The value of any residence in excess of the amount exempted by Section 1 or Section 5 of this Act shall remain subject to taxation. Section 10. If this Act is approved in the referendum provided for in Section 11 of this Act, that local constitutional amendment providing for certain homestead exemptions from ad valorem taxes levied for county and school purposes in Twiggs County (Ga. L. 1980, p. 2180), continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, is repealed effective at the last moment of December 31, 1990. Section 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Twiggs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Twiggs County for approval or rejection. The election superintendent shall conduct that election on the same date and in conjunction with the July, 1990, state-wide general 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 Twiggs County. The ballot shall have written or printed thereon the words:

Page 3939

() YES () NO Shall the Act be approved which restates and reenacts a homestead exemption from ad valorem taxes levied for county and school purposes and a homestead exemption from ad valorem taxes levied for county purposes in Twiggs County and which increases from $8,000.00 to $10,000.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 years of age or older may receive in order to be eligible for an $8,000.00 exemption from county ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 10 of this Act shall become of full force and effect on January 1, 1991, and shall be applicable to all taxable years beginning on or after that date. If Sections 1 through 10 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Twiggs County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 12. Except as otherwise provided in Section 11 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed.

Page 3940

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older; to specify the terms and conditions of such exemptions and the procedures relating thereto; to provide for the conditional repeal of certain homestead exemption; to provide a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. This 5th day of January, 1990. 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 Twiggs County News Era which is the official organ of Twiggs County, on the following date: January 10, 1990. /s/ Kenneth W. Birdsong Representative, 104th District

Page 3941

Sworn to and subscribed before me, this 16th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF NORCROSS HOMESTEAD EXEMPTION; REFERENDUM. No. 798 (House Bill No. 1495). AN ACT To increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences; to provide authority for this Act; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The following legislation pertaining to homestead exemptions in the City of Norcross is enacted pursuant to Article VII, Section II, Paragraph II of the Constitution of the State of Georgia, relating to exemptions from taxation of property. Section 2. (a) Each resident of the City of Norcross is granted a homestead exemption from all City of Norcross ad valorem taxes levied by the city, except taxes to pay interest on and retire bonded indebtedness, in the amount of $9,000.00 of the value of the homestead owned and occupied by said resident within the

Page 3942

City of Norcross. The value of the homestead in excess of the exempted amount shall remain subject to taxation. (b) Each resident of the City of Norcross who is 62 years of age or older is granted a homestead exemption from all City of Norcross ad valorem taxes levied by the City in the amount of $18,000.00 of the value of the homestead owned and occupied by said resident within the City of Norcross. The value of the homestead in excess of the exempted amount shall remain subject to taxation. (c) The increased homestead exemptions provided in this Act shall apply to all taxable years beginning after December 31, 1989. Section 3. It shall be the duty of the governing authority of the City of Norcross to issue a call for a special election for the purpose of submitting this Act to the electors of the City of Norcross for approval or rejection. The governing authority of the City of Norcross shall set the date of such special election by ordinance and shall issue a call for such election at least 30 days prior to the date thereof. The governing authority shall cause the date and purpose of the election to be published in a newspaper of general circulation in the City of Norcross at least 30 days prior to the election. The ballot shall have written or printed thereon the words: () YES () NO Shall an Act be approved which increases the homestead exemption from the City of Norcross ad valorem taxes to $9,000.00 for residents of the City of Norcross who own and occupy their residences and to increase the homestead exemption from the City of Norcross ad valorem taxes to $18,000.00 for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences? 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

Page 3943

question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Norcross. It shall be the duty of the governing authority of the City of Norcross to hold and conduct such election. It shall further be the duty of the governing authority to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1990 Session of the General Assembly of Georgia, a local bill to increase the homestead exemption from ad valorem taxation to resident homeowners in the City of Norcross who own and reside in such homestead; to increase the homestead exemption from ad valorem taxation to resident homeowners in the City of Norcross who are 62 years of age or over who own and reside in such homestead; to provide for a referendum; to repeal specific acts; to repeal conflicting law; for other purposes. This 12 day of Jan, 1990. /s/ Thurman L. Terrell Thurman L. Terrell, Mayor City of Norcross /s/ Peter E. Boyce Peter E. Boyce City Attorney PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of

Page 3944

general circulation, with its principal place of business in said County and that Notice of Intention to Introduce Local Legislation by the City of Norcross, Georgia was published on January 19, 1990. /s/ T.Jones Thomas D.Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 19th day of January, 1990. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (SEAL) Approved March 20, 1990. CITY OF KINGSTONNEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION No. 799 (House Bill No. 1524). AN ACT To provide a new charter for the City of Kingston; 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

Page 3945

and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Kingston in Bartow County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Kingston. References in this charter to the city or this city refer to the City of Kingston. The city shall have perpetual existence. Section 1.11. Corporate boundaries. The corporate limits of the City of Kingston shall extend one-half mile in every direction from the depot of the Western and Atlantic Railroad in said city. 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

Page 3946

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 3947

(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 within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court of the city may work out such sentences in any public works or on the streets, roads,

Page 3948

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; (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

Page 3949

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 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

Page 3950

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; (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

Page 3951

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; (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;

Page 3952

(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 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 unlees 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.

Page 3953

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 24 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All nonpartisan 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 as 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.

Page 3954

(d) For the purpose of electing members of the council, the City of Kingston shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) (1) On the Tuesday next following the first Monday in November, 1991, and on such date biennially thereafter there shall be a general municipal election held in the City of Kingston. (2) At the general municipal election in 1991 and biennially thereafter a mayor shall be elected for a term of office of two years and until a successor is duly elected and qualified. (3) At the general municipal election in 1991 a councilmember shall be elected from Council Post 1, a councilmember shall be elected from Council Post 2, a councilmember shall be elected from Council Post 3, and a councilmember shall be elected from Council Post 4. The two members elected to their respective council posts who receive the highest number of votes and the second highest number of votes shall have initial terms of office of four years each and until their respective successors are duly elected and qualified. The remaining two councilmembers shall have initial terms of office of two years each and until their respective successors are duly elected and qualified. Following such initial terms of office, the terms of office of all councilmembers shall be four years and until their respective successors are duly elected and qualified. (4) The terms of office of the mayor and councilmembers shall begin on the first day of January following the date of the general municipal election. (5) The mayor and all councilmembers shall be elected by the electors of the city at large. 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.

Page 3955

(2) Upon the suspension from office of the mayor or a councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services. Unless otherwise provided in the manner set forth by the general laws of this state, the salary of the mayor shall be $150.00 per month and the salary of each councilmember shall be $100.00 per month; provided that the mayor or any councilmember who fails to attend any regular meeting of the council during any month shall not receive any salary for such month. The mayor and councilmembers shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties when approved by the council. 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:

Page 3956

(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the

Page 3957

city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter;

Page 3958

(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, or the mayor and two councilmembers in the case of a tie vote, 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 Bartow County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Bartow County following a hearing on a complaint seeking such removal brought by any resident of the City of Kingston. 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:

Page 3959

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) The mayor shall preside at meetings of the city council. 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 in the absence of the mayor 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 both the mayor and the mayor pro tempore are disabled or absent, or in which the mayor pro tempore is acting as mayor. Such absence or disability shall be declared by majority vote of the city council. While presiding pursuant to this section, the mayor pro tempore or the presiding officer shall be entitled to vote on all matters in the same manner as other councilmembers. Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on the mayor and all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to the mayor and 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 the mayor or a councilmember in

Page 3960

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 presence of the mayor or such councilmember. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers, or the mayor and two councilmembers in the case of a tie vote, 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

Page 3961

the City of Kingston 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 three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers, or the mayor and two councilmembers in the case of a tie vote, 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.

Page 3962

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 Kingston, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with

Page 3963

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 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;

Page 3964

(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 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.

Page 3965

(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 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.

Page 3966

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 this 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. (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

Page 3967

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. The city council shall provide for the compensation of the city clerk. Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city treasurer. Section 4.15. 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;

Page 3968

(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 Kingston. Section 5.11. Judges. (a) The municipal court shall be presided over by the mayor, who shall serve as chief judge, and such part-time, full-time, or stand-by judges as shall be appointed by the mayor in the manner provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person, other than the mayor, shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years. (c) Compensation of the judge or judges, other than the mayor, 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, other than the mayor, 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

Page 3969

entered upon the minutes of the city council in the journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by 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.

Page 3970

(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Bartow County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

Page 3971

ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not 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.

Page 3972

Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, 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

Page 3973

and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. 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

Page 3974

budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the preceding fiscal 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.

Page 3975

Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of the preceding fiscal 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:

Page 3976

(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS

Page 3977

Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Specific repealer. An Act granting a new charter to the City of Kingston, approved March 10, 1959 (Ga. L. 1959, p. 2920), is repealed in its entirety. Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LOCAL LEGISLATION Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1990 session thereof for a BILL TO BE ENTITLED AN ACT TO PROVIDE a new Charter for the City of Kingston, repealing the present Charter for the City of Kingston approved March 10, 1959 (Ga. L. 1959, p. 2920); to repeal conflicting laws; and for other purposes.

Page 3978

The 12th day of January, 1990. /s/ Boyd Pettit Representative District 19 Signed by permission, Wm. B. Greene 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: January 18, 1990. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 23rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. DEKALB COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 800 (House Bill No. 1545). AN ACT To provide that each resident of DeKalb County holding real property pursuant to an occupancy agreement as a stockholder

Page 3979

of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law; to provide that such persons must meet all qualifications and requirements for receiving such exemption other than the requirement of ownership; to provide that all provisions of law relating to homestead exemptions other than those requiring property ownership shall apply to applications made pursuant to this Act; to provide that the total amount of all such exemptions granted shall be exempted from the total value of such property; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Each resident of DeKalb County holding real property pursuant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease is granted an exemption from DeKalb County ad valorem taxes as granted to DeKalb County property owners by any general or local law now in effect or enacted in the future notwithstanding the fact that such resident is not the title owner of such real property; provided, however, that such resident meets all requirements and qualifications for receiving such exemption other than the requirement of property ownership. All provisions of general or local law relating to homestead exemptions other than the requirement of property ownership shall govern any application made pursuant to this section. The total amount of all exemptions granted pursuant to this section shall be exempted from the total value of such real property. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 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

Page 3980

in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of DeKalb County who holds real property pursuant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease shall be granted an exemption from DeKalb County ad valorem taxes as otherwise granted by law to DeKalb County property owners? 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 DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to extend exemptions from county ad valorem taxation to persons holding real property pursuant to an occupancy agreement as a shareholder of a nonprofit cooperation ownership housing corporation which

Page 3981

holds such property pursuant to a 99 year lease; and for other purposes. This 29th day of June, 1990. Honorable Frank Redding Representative, 50th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 8, 1990. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 3982

DECATUR COUNTY ENHANCED 911 EMERGENCY TELEPHONE SERVICE. No. 801 (House Bill No. 1576). AN ACT To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title; to provide for definitions; 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 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 Decatur County Emergency Communications Service District Act. Section 2. As used in this Act, the term: (1) District means the boundaries, including its municipalities, of Decatur County, Georgia, providing an enhanced emergency telephone number 911 system. (2) Enhanced emergency telephone number 911 system means emergency 911 service that provides the telephone number and the location of the calling party to the public safety answering point. (3) Exchange access facilities means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities

Page 3983

do not include service supplier owned and operated telephone pay station lines, wide area telecommunications service (WATS), foreign exchange (FX), or incoming other lines. (4) Governing authority means the Board of Commissioners of Decatur County. (5) 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. (6) Service supplier means any legal entity providing exchange telephone service to any service user in the district. (7) Service user means any legal entity who is provided exchange telephone service in the district. (8) 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. Section 3. (a) The governing authority may establish by ordinance an enhanced emergency telephone number 911 system district and levy an emergency telephone service charge in an amount not to exceed the total operating budget of the emergency telephone number 911 system divided by the total number of exchange access facilities within the district. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possible in conformity with the availability of such service in any area of the district; and the funds generated by the service charge shall be utilized by the county solely to defray the actual cost of communication equipment and communication personnel hired primarily to operate and maintain 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.

Page 3984

(b) (1) The governing authority may impose the emergency telephone service charge provided for in subsection (a) of this section in an amount not to exceed $1.50 per month per exchange access facility provided to the service user. (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 ordinance enacted by the governing authority. 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. The service supplier shall provide the governing authority with the name and address of each user who has notified the service supplier in writing of such user's refusal to pay the emergency telephone service charge. The service supplier shall so notify the governing authority within 60 days of receipt of such notice by the user. 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; provided, however, that no such charge shall be levied or collected prior to 30 days following the date the enhanced emergency telephone number 911 system becomes fully operational. (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 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 to the district. 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

Page 3985

deposited and accounted for in a separate special revenue fund maintained by the governing authority. (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 3 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. (f) The emergency telephone service charge is not subject to state and local tax. (g) The service charge does not apply to exchange access facilities provided to federal, state, and local governments. Section 4. 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 and law enforcement 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. (a) In order to assist the governing authority in implementing and managing the district, an advisory board to be known as the Decatur County Emergency Communications Advisory

Page 3986

Board shall be created and comprised of 13 members as follows: (1) A member of the Board of Commissioners of Decatur County, Georgia, to be named to a three-year term by such board prior to July 1, 1990; provided, however, that the initial such term shall commence upon such member's appointment and terminate on December 31, 1992; (2) The mayor of the City of Bainbridge, Georgia, to serve on the board concurrently during his term of office as mayor of such city; (3) The mayor of the City of Attapulgus, Georgia, to serve on the board concurrently during his term of office as mayor of such city; (4) The mayor of the Town of Brinson, Georgia, to serve on the board concurrently during his term of office as mayor of such town; (5) The mayor of the City of Climax, Georgia, to serve on the board concurrently during his term of office as mayor of such city; (6) The Decatur County Emergency Medical Service Director; (7) The chief of the Decatur County Fire Department; (8) The chief of the Bainbridge Fire Department; (9) The chief of the Bainbridge Police Department; (10) The administrator of the Bainbridge Memorial Hospital; (11) The sheriff of Decatur County; (12) A private citizen who resides north of U. S. Highway 84 in Decatur County and who is elected to a two-year term by the Decatur County Emergency Communications Advisory Board. The initial member shall be elected

Page 3987

prior to July 1, 1990, and successors shall be elected at the last regularly scheduled meeting immediately preceding the expiration of the member's term of office; and (13) A private citizen who resides south of U. S. Highway 84 in Decatur County and who is elected to a two-year term by the Decatur County Emergency Communications Advisory Board. The initial member shall be elected prior to July 1, 1990, and successors shall be elected at the last regularly scheduled meeting immediately preceding the expiration of the member's term of office. (b) The advisory board shall assist the governing authority in: (1) Reviewing and analyzing the progress by public safety agencies in developing enhanced 911 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of an enhanced 911 system; (3) Identifying mutual aid agreements necessary to effect the enhanced 911 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the governing authority. Section 6. All district employees, operations, and assets shall be in accordance with the governing authority's rules and regulations. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 3988

Section 8. All laws and parts of laws in conflict with this Act are repealed. TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for an enhanced emergency telephone number 911 system within Decatur County; to provide for a special district; to provide for the governing authority of the district; to provide for service charges; to provide for an advisory board; to provide for revenues, debts, employees, and assets; to provide for other matters relative to such system; and for other purposes. This 18th day of January, 1990. /s/ Kermit F. Bates Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kermit F. Bates, Jr., who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following date: January 24, 1990. /s/ Kermit F. Bates, Jr. Representative, 141st District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 3989

BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM RETIREMENT BOARD. No. 802 (House Bill No. 1579). AN ACT To amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a system of pensions for old age and disabilities of its teachers and employees, approved February 8, 1937 (Ga. L. 1937, p. 2094), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2519), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3959), so as to change the provisions relating to the retirement board; to authorize the payment of the actuarial present value of a retirement allowance rather than the payment of monthly installments under certain circumstances; to provide for a definition; 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 authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a system of pensions for old age and disabilities of its teachers and employees, approved February 8, 1937 (Ga. L. 1937, p. 2094), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2519), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3959), is amended by adding in Section 1 of the 1961 amendatory Act (Ga. L. 1961, p. 2519) immediately following paragraph (16) a new paragraph (16.1) to read as follows: (16.1) `Actuarial present value' means the lump sum value of the retirement allowance payable to a beneficiary determined as of a given date by the system's actuary based on appropriate actuarial assumptions determined by the system's actuary. Section 2. Said Act is further amended by striking from Section 3 of the 1961 amendatory Act (Ga. L. 1961, p. 2519)

Page 3990

paragraphs (2) and (6) and substituting in lieu thereof, respectively, new paragraphs (2) and (6) to read as follows: (2) The Retirement Board shall consist of five members as follows: (a) Two members shall be appointed by the Board of Public Education for the City of Savannah and the County of Chatham from its own membership. Such members shall serve for terms of office concurrent with their terms of office as members of the Board of Public Education for the City of Savannah and the County of Chatham; and (b) Three employees of the Board of Public Education for the City of Savannah and the County of Chatham appointed by said board. Such members shall be appointed for initial terms of one, two, and three years, as determined by said board, and their successors shall be appointed for terms of three years. Such members shall serve until their successors are appointed and qualified. (6) Each member of the Retirement Board shall be entitled to one vote. Three concurring votes shall be necessary for a decision by the Retirement Board at any meeting, and three members shall constitute a quorum. Section 3. Said Act is further amended by adding at the end of Section 4 of the 1961 amendatory Act (Ga. L. 1961, p. 2519) a new paragraph (9) to read as follows: (9) Subject to the approval of the individual beneficiary affected thereby, the Retirement Board is authorized to pay to any beneficiary whose retirement allowance is less than $50.00 per month one lump sum payment equal to the actuarial present value of the beneficiary's retirement allowance. Such lump sum payment shall take the place of all future retirement allowances which would otherwise be payable to the beneficiary and shall be in full and complete satisfaction of the system's obligation to pay a retirement allowance to the beneficiary. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 3991

STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, SAUNDRA G. WILLIAMS, to me known, who being sworn, deposes and says: That he is the CLASSIFIED ADV SUPV 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 12, 1990, and finds that the following Advertisement, to-wit: Notice is hereby given of the intent to introduce local legislation to amend an act of the General Assembly authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish and administer a system of PENSIONS for old age and disabilities of its teachers and employees, approved February 8, 1937. EDWARD H. LEE Attorney for the Board of Public Education for the City of Savannah and the County of Chatham appeared in each of said editions. /s/ Saundra G. Williams (Deponent)

Page 3992

Sworn to and subscribed before me this 22 day of Jan, 1990. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 (SEAL) Approved March 20, 1990. CHATHAM COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; TERM; REFERENDUM. No. 803 (House Bill No. 1648). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms; 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 completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, 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) The chairman shall be elected by a majority of the qualified electors of Chatham County voting from the county at large. In order to be eligible to offer for election to such office, a candidate must have been a resident and qualified elector of Chatham County for at least two years prior to the general election at which said candidate offers for election; and a candidate

Page 3993

shall be at least 25 years of age upon taking office. A candidate elected to the office of chairman shall take office on the first business day of January immediately following his or her election and shall serve for a term of four years and until his or her successor is elected and qualified. No chairman may succeed himself or herself in office more than twice. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The election superintendent shall conduct that election on the date of the general 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which limits the chairman of the Board of Commissioners of Chatham County to two consecutive terms? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast 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 Chatham County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3994

STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, G. M. (BUCKY) JOHNSON, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR 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 10, 1990, and finds that the following Advertisement, to-wit: There will be introduced in the 1990 Session of the Georgia General Assembly, 3 bills that call for a referendum during the November 1990, General Election limiting the term of office of the Mayor of Savannah, the Chairman of the Chatham County Commission and the President of the Savannah Chatham County Board of Public Education. Ann Mueller State Representative, 126th appeared in each of said editions. /s/ G. M. Johnson (Deponent)

Page 3995

Sworn to and subscribed before me this 24 day of Jan, 1990. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 (SEAL) Approved March 20, 1990. CITY OF SAVANNAH MAYOR; TERMS; REFERENDUM. No. 804 (House Bill No. 1649). AN ACT To amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended, so as to provide that the Mayor shall not serve more than two consecutive terms; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended, is amended by striking subsection (d) from the end of quoted Section 2 of Section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (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

Page 3996

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, provided that any Mayor who has been elected for two consecutive four-year terms of office shall not be eligible to be elected for the succeeding term. 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.C.G.A. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Savannah shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Savannah for approval or rejection. The election superintendent shall conduct that election on the date of the general 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which limits the Mayor of the City of Savannah to two consecutive terms? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast 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 3997

The expense of such election shall be borne by the City of Savannah. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. There will be introduced in the 1990 Session of the Georgia General Assembly, 3 bills that call for a referendum during the November 1990 General Election limiting the term of office of the Mayor of Savannah, the Chairman of the Chatham County Commission and the President of the Savannah Chatham County Board of Public Education. Ann Mueller State Representative 126 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that he is Representative from the 126th 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: January 10, 1990. /s/ Anne Mueller Representative, 126th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 3998

GWINNETT COUNTY BOARD OF COMMISSIONERS; ITEMIZED ACCOUNT OF FUNDS. No. 805 (House Bill No. 1694). 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 monthly and make available for public dissemination an itemized account of all funds expended for professional services; to define certain terms; to provide exceptions; to provide procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, is amended by adding at the end of Section 7 a new subsection (d) to read as follows: (d) (1) As used in this subsection, the term: (A) `Person' means an individual, a corporation, a partnership, a business trust, an association, a firm, or any other legal entity. (B) `Professional services' includes but is not limited to the practice of architecture, the practice of professional engineering, the practice of land surveying, the practice of landscape architecture, the practice of law, and consultant or professional study services. The term `professional services' shall not include indigent defense services; medical services; educational and recreational instruction; counseling services; banking services; court reporting; medical examiner services; arbitration; investigation services, expert witnesses for criminal proceedings, or other professional services associated with judicial proceedings; veterinarian services; language translation services; funeral and burial

Page 3999

services; drug testing; and preemployment psychological screenings. The term `professional services' is not intended to include such services provided by county employees as part of their job duties, but rather is intended to include only such services provided on a nonemployee contractual basis. (2) The board of commissioners shall prepare monthly 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 funds expended for professional services, except those services excluded under subparagraph (B) of paragraph (1) of this subsection. The account shall state the name of the person receiving county funds, the amount so received, and the professional service provided. If a vendor receives more than one payment during a month for the same type of professional service, then it shall be sufficient to publish the total of such payments. Section 2. This Act shall become effective 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 1990 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 8 day of January, 1990. /s/ Keith R. Breedlove Honorable Keith Breedlove Representative, 60th District

Page 4000

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith R. Breedlove, who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 12, 1990. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CHATTOOGA COUNTY CHIEF MAGISTRATE; APPOINTMENT; ELECTION. No. 806 (House Bill No. 1715). AN ACT To amend an Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, approved March 14, 1984 (Ga. L. 1984, p. 4198), so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Mountain Judicial Circuit; to provide for the election of successors by the voters of Chattooga County; to repeal conflicting laws; and for other purposes.

Page 4001

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, approved March 14, 1984 (Ga. L. 1984, p. 4198), is amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. Effective July 1, 1990, the judge of the Probate Court of Chattooga County shall no longer serve as the chief magistrate of Chattooga County. The judges of the superior courts of the Lookout Mountain Judicial Circuit shall, by majority vote, appoint a qualified person to serve as chief magistrate for a term beginning on July 1, 1990, and ending on December 31, 1992. The successor to such chief magistrate and future successors shall be elected by the voters of Chattooga County for four-year terms as provided in subsection (d) of Code Section 15-10-20 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, approved March 14, 1984 (Ga. L. 1984, p. 4198), so as to make other provisions for a chief magistrate of said county and for the magistrate court of said county; to provide for other matters relative thereto; and for other purposes. This 30th day of January, 1990. Honorable John G. Crawford, Representative, 5th District

Page 4002

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 1, 1990. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CHATTOOGA COUNTY COMMISSIONER; SALARY. No. 807 (House Bill No. 1716). AN ACT To amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, so as to provide for the compensation of the commissioner; to provide conditions for becoming effective and for an effective date in connection therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4003

Section 1. An Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) Except as otherwise provided in subsection (b) of this section, the annual salary of the commissioner shall be the same as the annual salary of the sheriff of Chattooga County. The annual salary of the commissioner shall be paid in equal monthly installments from the funds of Chattooga County. (b) If a different person becomes sheriff of Chattooga County at any time after this section becomes effective, the salary of the commissioner shall not be reduced, and, thereafter, the salary of the commissioner shall be determined as if the same person who held office as sheriff on the date this section became effective had continued to hold such office. (c) In addition to salary, the commissioner shall be reimbursed from county funds for expenses incurred in connection with the performance of official duties outside Chattooga 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 otherwise becomes law only if an Act repealing an Act providing that in certain counties the salary of the county commissioner shall be the same as the sheriff, approved April 12, 1982 (Ga. L. 1982, p. 4522), becomes effective on the same 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, so as to

Page 4004

provide for the compensation of the commissioner; to provide for other matters relative thereto; and for other purposes. This 30th day of January, 1990. Honorable John G. Crawford, Representative, 5th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 1, 1990. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. MORGAN COUNTY TAX COMMISSIONER; SALARY. No. 808 (House Bill No. 1717). AN ACT To amend an Act creating the office of tax commissioner of Morgan County, approved March 21, 1968 (Ga. L. 1968, p. 2610),

Page 4005

as amended, 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 Morgan County, approved March 21, 1968 (Ga. L. 1968, p. 2610), as amended, 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. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Morgan County. At least once each month the tax commissioner shall turn over to the Board of Commissioners of Morgan County all funds collected by him with a detailed itemized statement showing the sources from which said funds were collected. It is specifically provided that the salary provided in this Act for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind. Section 2. This Act shall become effective January 1, 1993. 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 1990 session of the General Assembly of Georgia a bill to change the compensation of the Morgan County Tax Commissioner; to provide an effective date of enactment; to repeal conflicting laws; and for other purposes.

Page 4006

This 19th day of January, 1990. /s/ Frank E. Stancil 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: January 25, 1990. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COBB COUNTY BOARD OF ELECTIONS AND REGISTRATION; ATTORNEY. No. 809 (House Bill No. 1750). AN ACT To amend an Act creating a board of elections and registration in Cobb County, approved March 28, 1985 (Ga. L. 1985, p. 4653), so as to authorize the board to employ an attorney; to provide

Page 4007

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 elections and registration in Cobb County, approved March 28, 1985 (Ga. L. 1985, p. 4653), is amended by inserting immediately following subsection (e) of Section 8 a new subsection (f) to read as follows: (f) The board shall have the authority to retain the services of an attorney agreed upon by the board. Such attorney shall be compensated at any hourly rate as determined by the board, and such compensation shall be paid from county funds. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a board of election and registration in Cobb County, approved March 28, 1985 (Ga. L. 1985, p. 4653); and for other purposes. This 29th day of January, 1990. Honorable Thomas E. Wilder, Jr. Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas E. Wilder, Jr., who, on oath, deposes and says that he is Representative from the 21st

Page 4008

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 2, 1990. /s/ Thomas E. Wilder, Jr. Representative, 21st District Sworn to and subscribed before me, this 2nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF DECATUR BOARD OF EDUCATION; RULES AND REGULATIONS; ADMISSION POLICIES. No. 810 (House Bill No. 1751). AN ACT To amend an Act creating and establishing a charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to authorize the board of education to make rules and regulations relating to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4009

Section 1. An Act creating and establishing a charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is amended by striking the last paragraph of Section 45, relating to the public school system in the City of Decatur, which paragraph reads as follows: When there are vacant seats in said schools, not needed for children of said city as above mentioned, said board of education may provide for the admission of children whose parents or guardians are not residents of said city upon the payment in advance of such reasonable rates of tuition as said board may prescribe; provided, that said rate of tuition shall not be less than the estimated cost of teaching such children. and inserting in its place a new paragraph to read as follows: When there are vacant seats in said schools, not needed for children of said city as above mentioned, said board of education may provide for the admission of children whose parents or guardians are not residents of said city upon such terms and provisions and upon payment of such reasonable rates of tuition as said board may prescribe; provided that tuition may be waived in whole or in part as said board may prescribe for children of teachers and employees in the public schools of the city, for students who maintain a certain average in their grades, and for tuition credits for students who perform work in prescribed work programs. 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 1990 session of the General Assembly of Georgia a bill to amend the Charter of the City of Decatur, Georgia so as to provide that the Board of Education of the City of Decatur shall be authorized to make rules and regulations relating to admission of children, whose parents or guardians are not residents of the City, as students in the public schools of the City and to adopt admission policies and establish rates of tuition, and make provision for waiver of tuition in whole or in part for children of teachers and

Page 4010

employees in the public schools of the City and for students who maintain certain average in their grades and for tuition credits for students who perform work in prescribed work programs. This 4th day of January, 1990. Michael Mears, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Redding, who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 4, 1990. /s/ Frank Redding Representative, 50th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4011

CITY OF NORMAN PARK MAYOR; COUNCILMEN; ELECTION; TERMS. No. 811 (House Bill No. 1765). AN ACT To amend an Act providing a new charter for the City of Norman Park, approved February 20, 1976 (Ga. L. 1976, p. 2661), so as to change the provisions relating to the date of taking office; to reestablish two-year terms of office for the mayor and councilmen; to provide for the date of the regular municipal election; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Norman Park, approved February 20, 1976 (Ga. L. 1976, p. 2661), is amended by striking subsection (a) of Section 2.30 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The council shall meet for organization on the first working day of January immediately following a regular municipal election provided for in Article V of this charter. 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 council as follows: `I do solemnly swear that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the City of Norman Park 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 5.10 in its entirety and substituting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Regular elections. (a) The mayor and two councilmen holding office on January 30, 1990, whose terms of

Page 4012

office would normally expire at the organizational meeting in January, 1991, shall serve for terms expiring on December 31, 1990. The three councilmen holding office on January 30, 1990, whose terms of office would normally expire at the organizational meeting in January, 1992, shall serve for terms expiring on December 31, 1991. The respective successors to the mayor and councilmen holding office on January 30, 1990, and future successors shall be elected as provided in subsection (b) of this section. (b) On the Tuesday next following the first Monday in November of 1990 and biennially thereafter, the mayor and two councilmen shall be elected for terms of two years beginning on the first day of January immediately following their election and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1991 and biennially thereafter, three councilmen shall be elected for terms of two years beginning on the first day of January immediately following their election and until their successors are elected and qualified. Section 3. This Act is pursuant to the authority of Code Section 21-3-64 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 INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill to amend an act providing a charter for the City of Norman Park, Georgia, approved February 20, 1976 (Ga. L. 1976, p. 2661), as amended; and for other purposes. This 19th day of January, 1990. C. J. Powell

Page 4013

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Powell, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: January 31, 1990. /s/ C. J. Powell Representative, 145th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. PAULDING COUNTY PAULDING COUNTY WATER AUTHORITY; ACT REPEALED; SUCCESSOR IN INTEREST. No. 812 (House Bill No. 1771). AN ACT To repeal the Paulding County Water Authority Act, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, to abolish the Paulding County Water Authority; to provide that Paulding County, acting by and through the governing authority of Paulding County, shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority; to provide for employees of the authority to become employees of the governing authority of Paulding County and members of the Paulding

Page 4014

County Civil Service System; 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 Paulding County Water Authority Act, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, is repealed in its entirety. Section 2. The Paulding County Water Authority is abolished. Paulding County, acting by and through the governing authority of Paulding County, shall be the successor in interest to said authority. The governing authority shall succeed to all rights and obligations, of whatever nature, of said authority. Title to all real and personal property of said authority shall, as of the effective date of this Act, be vested in the governing authority of Paulding County. The governing authority of Paulding County shall, as of the effective date of this Act, assume all monetary and other liabilities of said authority. Section 3. For purposes of any public records concerning title to and interests in any real or personal property, this Act shall constitute a transfer of all real and personal property of the Paulding County Water Authority to the governing authority of Paulding County and an assumption by said governing authority of all liabilities of said authority; and a certified copy of this Act may be recorded in any such records in the same manner as other documents and instruments eligible to be recorded in such records. Section 4. All persons employed by the Paulding County Water Authority immediately prior to the effective date of this Act shall as of the effective date of this Act become employees of the governing authority of Paulding County and members of the Paulding County Civil Service System. For purposes of computing length of service and for all other purposes under said civil service system, such employees shall be considered to have been employed by Paulding County for all periods of time during which they were employed by said authority. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Page 4015

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to repeal the Paulding County Water Authority Act, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, to abolish the Paulding County Water Authority; to provide that Paulding County, acting by and through the governing authority of Paulding County, shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority; to provide for related matters; and for other purposes. This 26th day of January, 1990. Honorable L. Charles Watts, Representative, 41st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: February 1, 1990. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4016

CITY OF AUSTELL MAYOR; COUNCILMEMBERS; ELECTION; TERMS. No. 813 (House Bill No. 1776). AN ACT To amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), 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 councilmembers; to provide for the authority of this Act; 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 reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, is amended by striking Section 5.11 and inserting in its place a new Section 5.11 to read as follows: Section 5.11. (a) The mayor and councilmembers from Wards 2 and 4 and At-Large Post 2 elected in December, 1989, whose terms normally expire in January shall remain in office until December 31, 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1991, and biennially thereafter, the successors to such mayor and three councilmembers 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 councilmembers from Wards 1 and 3 and At-Large Post 1 who are to be elected in November, 1990, and whose terms normally expire in January shall remain in office until December 31, 1992, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1992, and biennially thereafter, the successors to such three councilmembers shall be elected and shall serve for terms of office of two years and until their successors are

Page 4017

elected and qualified and shall take office on the first day of January following their election. (c) 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 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating anew charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended; and for other purposes. This 29th day of December, 1989. /s/Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERNHART 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

Page 4018

Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 29, 1990. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. OAK RIDGE WATER AND SEWERAGE AUTHORITY ACT REPEALED. No. 814 (House Bill No. 1778). AN ACT To repeal an Act creating the Oak Ridge Water and Sewerage Authority, approved March 19, 1987 (Ga. L. 1987, p. 4310); to provide 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 Oak Ridge Water and Sewerage Authority, approved March 19, 1987 (Ga. L. 1987, p. 4310), is repealed. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 4019

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 1990 Session of the General Assembly of Georgia an Act to repeal the Act creating the Oak Ridge Water Sewerage Authority as found in Ga. Laws 1987, p. 4310. This 19th day of January, 1990. MICHAEL J. PADGETT 86th Legislative District Richmond County, Georgia 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: January 26, 1990. /s/ Michael J. Padgett Representative, 86th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4020

CITY OF BAXLEY MAYOR; COUNCILMEMBERS; ELECTION; TERMS. No. 815 (House Bill No. 1783). AN ACT To amend an Act reincorporating and providing a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4337) and by an Act approved March 22, 1989 (Ga. L. 1989, p. 4148), so as to change the provisions relative to terms of office and election of 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 reincorporating and providing a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4337) and by an Act approved March 22, 1989 (Ga. L. 1989, p. 4148), is amended by striking subsection (b) of Section 3.4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The mayor shall be elected in the general municipal election to be held in November, 1989, and quadrennially thereafter. 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. Section 2. Said Act is further amended by striking the paragraph of subsection (c) of Section 3.4 relating to Council District Number 5 and substituting in lieu thereof a new paragraph to read as follows: Council District Number 5 (currently served by Betty Livingston): Election in 1991 for a term of four years and until her successor is elected and qualified. From 1995 forward, the term of office shall be four years.

Page 4021

Section 3. Said Act is further amended by striking the last paragraph of subsection (c) of Section 3.4 in its entirety and substituting in lieu thereof a new last paragraph to read as follows: 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. All council members elected subsequent to 1990 shall serve for terms of four years. 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 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 the City of Baxley intends to introduce at the regular 1990 session of the General Assembly of Georgia a Bill to make technical corrections to the Act establishing the dates of election and terms of office of the mayor and members of council of the City of Baxley. This 29th day of January, 1990. CITY OF BAXLEY By: Jack E. Miller, City Manager GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following date: February 1, 1990.

Page 4022

/s/ Lundsford Moody Representative, 153-1 District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. LAMAR COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; SELECTION; REFERENDUM. No. 816 (House Bill No. 1788). AN ACT To amend an Act to make provisions for the Magistrate Court of Lamar County, approved March 21, 1984 (Ga. L. 1984, p. 4561), as amended, so as to change the method of selection of the chief magistrate; to provide for the chief magistrate in office on January 1, 1992; 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 to make provisions for the Magistrate Court of Lamar County, approved March 21, 1984 (Ga. L. 1984, p. 4561), 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 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 as

Page 4023

provided for in subsection (d) of Code Section 15-10-20 of the O.C.G.A. (b) The chief magistrate in office on January 1, 1992, shall continue to serve the remainder of the term to which he was appointed, which term shall expire on December 31, 1992, and upon the election and qualification of a successor pursuant to subsection (a) of this section. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lamar County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lamar County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 1990 state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lamar County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of the chief magistrate of the Magistrate Court of Lamar 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, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 Lamar County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 4024

Section 3. Except as otherwise provided in Section 2 of this Act, 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 1990 session of the General Assembly of Georgia a bill to amend an Act to make provisions for the Magistrate Court of Lamar County, approved March 21, 1984 (Ga. L. 1984, p. 4561), as amended, so as to change the method of selection of the chief magistrate; to provide for the chief magistrate in office on January 1, 1992; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 26th day of January 1990. /s/ Larry Smith Representative 78th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 31, 1990. /s/ Larry Smith Representative, 78th District

Page 4025

Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. MCDUFFIE COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 817 (House Bill No. 1791). AN ACT To provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of McDuffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for definitions; to provide for qualifications, practices, and procedures; to provide for forms; to provide for applicability; 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. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant

Page 4026

of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2. (a) For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except that such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. (b) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of McDuffie County shall require appropriate proof of such disability, including, if necessary, the affidavits of not more than two licensed physicians as to the person's disability. Section 3. (a) The homestead of each resident of McDuffie County is exempted from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness of the county or the county school district, in the amount of $4,000.00. (b) The exemption granted by this section shall not apply to or affect any state or municipal ad valorem taxes. Section 4. Each resident of McDuffie County who is totally disabled or is 62 years of age or older is granted an exemption on that person's homestead from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes in the amount of $15,000.00, if that person's net income, together with the net income of that person's spouse who occupies

Page 4027

and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year for income tax purposes. The value of any homestead in excess of the amount exempted by this section shall remain subject to taxation. The exemption granted by this section shall not apply to or affect any state or municipal ad valorem taxes. Section 5. Any person who as of January 1, 1991, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and the laws of this state shall be eligible for the $4,000.00 exemption granted by Section 3 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 3 of this Act shall be made in the same manner as the application for the exemption granted by the Constitution and the laws of this state. It shall be the duty of any person to notify the tax commissioner of McDuffie County in the event such person becomes ineligible for the exemption granted by Section 3 of this Act. Section 6. A qualified resident of McDuffie County shall not receive the benefits of the homestead exemption provided for by Section 4 of this Act unless the resident, or an agent acting on behalf of such resident, files with the tax commissioner of McDuffie County an affidavit giving the resident's age or proof of qualifying disability, an application giving the amount of income which the resident and the resident's spouse received during the previous taxable year for income tax purposes, and such additional information as the tax commissioner may require to make a determination as to whether such person is entitled to the exemption. The tax commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for a homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and affidavits, as provided in this section, and has been allowed an exemption provided in Section 4 of this Act, it shall not be necessary that he make application and file such affidavits thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event he becomes ineligible for any reason for either of the exemptions provided for in Section 4 of this Act.

Page 4028

Section 7. Each exemption granted by this Act shall be in lieu of and not in addition to any other exemption from McDuffie County School District ad valorem taxes and McDuffie County ad valorem taxes which is lower in amount than such exemption granted by this Act. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this Act, such other exemption shall apply. Section 8. The exemptions granted by this Act shall apply to the tax year beginning on January 1, 1991, and all tax years thereafter. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of McDuffie County for approval or rejection. The election superintendent shall conduct that referendum election not later than the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of McDuffie County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases to $4,000.00 the amount of the general homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, and provides for a $15,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for persons who are disabled or who are over 62 years of age and who have a net income not exceeding $15,000.00 for

Page 4029

the immediately preceding taxable year? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immeidately following that election date. The expense of such election shall be borne by McDuffie County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for a homestead exemption from ad valorem taxes of McDuffie County and the McDuffie County School System; to provide for a referendum; and for other purposes. This 18th day of January, 1990. Bobby Harris GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby 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

Page 4030

the official organ of McDuffie County, on the following date: January 24, 1990. /s/ Bobby Harris Representative, 84th District Sworn to and subscribed before me, this 2nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. POLK COUNTY TAX COMMISSIONER; SALARY. No. 818 (House Bill No. 1795). 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 certain 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 creating the office of tax commissioner of Polk County, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, is amended by striking Section 3B and inserting in its place a new Section 3B to read as follows: 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 the tax commissioner of Polk County in

Page 4031

office on January 1, 1990. With respect to future successors to such office, 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 such successor. This section shall not be construed to reduce the salary of the tax commissioner of Polk County in office on January 1, 1990. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia, a Bill to amend an Act creating the Office of Tax Commissioner of Polk County, Georgia, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4370), and as amended particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 3796), and as amended particularly by an Act approved March 25, 1986 (Ga. L. p. 4788), and as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3920), so as to change the conpensation of the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1990. POLK COUNTY, GEORGIA B. Frank B. Lott, Chairman Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which

Page 4032

is the official organ of Polk County, on the following date: January 11, 1990. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF CONYERS MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS. No. 819 (House Bill No. 1796). AN ACT To amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), so as to change the provisions relating to the election and terms of office of the mayor and council members; 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 Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), is amended by striking Section 2-101 in its entirety and substituting in lieu thereof a new Section 2-101 to read as follows: Section 2-101. Creation; composition; terms of office. There shall be a city council, hereafter at times referred to in

Page 4033

this charter as the council, which shall be composed of the mayor and six council members elected in the manner and for terms of office provided for in Article IV of this charter. Section 2. Said Act is further amended by striking subsection (a) of Section 2-401 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The mayor and council shall meet during the first working day of January following each regular municipal election provided for in Article IV of this charter for the purpose of organization and swearing-in ceremonies for new members. Section 3. Said Act is further amended by adding immediately following Section 4-102 a new Section 4-102.1 to read as follows: Section 4-102.1. Transition to four-year terms. (a) Of the two council members from posts one and two elected in 1990 under subsection (a) of Section 4-102, the one receiving the highest number of votes cast shall serve for a term of office expiring on December 31, 1995, and the one receiving the next highest number of votes cast shall serve for a term of office expiring on December 31, 1993. (b) The mayor and council members from posts three and six elected in 1989 under subsection (c) of Section 4-102 shall serve for terms of office expiring on December 31, 1993. (c) The council members from posts four and five elected in 1991 under subsection (b) of Section 4-102 shall serve for terms of office expiring on December 31, 1995. (d) Beginning in 1993, the date of the regular municipal election shall be the Tuesday next following the first Monday in November of each odd-numbered year. (e) At the regular municipal election in 1993, the mayor and the council members whose terms of office expire on December 31, 1993, shall be elected for terms of four years beginning on the first day of January, 1994, and until their successors are elected and qualified.

Page 4034

(f) At the regular municipal election in 1995, the council members whose terms of office expire on December 31, 1995, shall be elected for terms of four years beginning on the first day of January, 1996, and until their successors are elected and qualified. (g) Successors to the mayor and council members elected under subsections (e) and (f) of this section and future successors shall be elected at the regular municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Conyers, approved march 16, 1978 (Ga. L. 1978, p. 3868); and for other purposes. This 29th day of January, 1990. Troy A. Athon Honorable Troy Athon Representative, 57th District STATE OF GEORGIA COUNTY OF ROCKDALE Before the undersigned officer authorized to administer oaths in and for the State and County, personally appeared Elizabeth H. Staples who on oath deposes and says that she is publisher of The Rockdale Citizen, a newspaper in which the Sheriff's Advertisements appear in Rockdale County, and that the Notice of Legislation to Amend Charter of the City of Conyers, Georgia, a

Page 4035

copy of which is attached hereto, was published in said newspaper on February 1st, 1990. /s/ Elizabeth H. Staples Sworn to and subscribed before me this 8th day of February, 1990. /s/ Wales F. Barksdale Notary Public, Rockdale County, Georgia My Commission Expires March 18, 1990 (SEAL) Approved March 20, 1990. EFFINGHAM COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 820 (House Bill No. 1800). AN ACT To provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over; to repeal a conflicting law; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The amount of $10,000.00 of the assessed value of the homestead of each resident of the Effingham County School District who is 65 years of age or over is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Effingham County School District, including ad valorem taxes to retire bonded indebtedness of said school district. Except for the homestead exemption repealed by Section 2 of this Act, the homestead exemption provided for in this section is in

Page 4036

addition to and not in lieu of any other homestead exemption applicable to residents of Effingham County or the Effingham County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions which are not in conflict with or are not inconsistent with this section shall apply to the homestead exemption provided for in this section. The homestead exemption provided for in this section shall apply to all taxable years beginning after December 31, 1990. Section 2. The homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for residents of the county school district who are 65 years of age or over provided for in a local constitutional amendment ratified at the general election of 1982 and set forth in Georgia Laws 1982, pages 2634 and 2635, and which is continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia is repealed on December 31, 1990, only if this Act is approved at the referendum provided for in Section 3 of this Act. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Effingham County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the 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 Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants a $10,000.00 homestead exemption from Effingham County School District ad valorem taxes for residents of the school district who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such

Page 4037

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 Effingham County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for an increase in the homestead exemption from ad valorem taxes levied for educational purposes on behalf of the Effingham County School District for residents of said district who are 65 years of age or over; and for other purposes. This 9th day of January, 1990 Jan. 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 or Effingham County, on the following date: January 24, 1990. /s/ George A. Chance, Jr. Representative, 129th District

Page 4038

Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. LAURENS COUNTY TAX COMMISSIONER; SALARY. No. 821 (House Bill No. 1805). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3778), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4541), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3778), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4541), is amended by striking from the first sentence of Section 3 thereof the following: $26,417.00, and inserting in lieu thereof the following:

Page 4039

$30,835.77, so that when so amended the first sentence of Section 3 thereof shall read as follows: Section 3. The tax commissioner of Laurens County shall be compensated in the amount of $30,835.77 per annum to be paid in equal monthly installments from the funds of Laurens 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 is hereby given that there will be introduced in the 1990 regular session of the General Assembly of Georgia, a bill to alter the compensation of the tax Commissioner of Laurens County, Georgia, to provide an effective date, and for other purposes. Leon Green Attorney for Laurens County, Georgia 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: February 3, 1990. /s/ DuBose Porter Representative, 119th District

Page 4040

Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF RAY CITY MAYOR; COUNCILMEN; ELECTIONS; TERMS. No. 822 (House Bill No. 1824). AN ACT To amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), 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 of this Act; 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 Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) Be it further enacted by the authority aforesaid that the municipal government of said City of Ray City shall consist of a mayor and four councilmen. The present mayor and councilmen elected in December, 1989, shall remain in office until December 31, 1991, and until their successors are elected and qualified, and they shall have and exercise all of the rights, powers, and duties conferred on the mayor and council

Page 4041

of the City of Ray City. On the Tuesday next following the first Monday in November, 1991, and biennially thereafter, the successors to such mayor and 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 two councilmen who are to be elected in November, 1990, shall remain in office until December 31, 1992, and until their successors are elected and qualified. On Tuesday next following the first Monday in November, 1992, 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) 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 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473); and for other purposes. This 31 day of January, 1990. Hanson Carter Representative 146th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the

Page 4042

official organ of Berrien County, on the following date: January 31, 1990. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. TOWN OF ENIGMA MAYOR; COUNCILMEN; ELECTIONS; TERMS. No. 823 (House Bill No. 1825). AN ACT To amend an Act providing a new charter for the Town of Enigma, approved April 2, 1963 (Ga. L. 1963, p. 2627), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3250), 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 of this Act; 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 Town of Enigma, approved April 2, 1963 (Ga. L. 1963, p. 2627), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3250), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:

Page 4043

Section 3. (a) The municipal government of the Town of Enigma shall consist of a mayor and four councilmen. The mayor and councilmen of the Town of Enigma who are in office on the effective date of this Act shall continue in office until the expiration of the term for which they have been elected, and until their successors are duly elected and qualified, and they shall have and exercise all of the rights, powers, and duties hereby conferred on the mayor and council of the Town of Enigma. The term of office of each councilman and the term of office of the mayor shall be two years and until their respective successors are duly elected and qualified. The purpose and intent of this section is to provide for a mayor whose term of office shall be for two years, and four councilmen with staggered terms of two years each. (b) There are hereby created four posts on the council, to be designated Post One, Post Two, Post Three, and Post Four. The municipal general election shall be conducted on the Tuesday next following the first Monday in November of each year. At the 1990 general election councilmen shall be elected from Post One and Post Two. At the 1991 general election councilmen shall be elected from Post Three and Post Four. Candidates seeking election to the council shall designate the post for which they seek election and shall be eligible for election only to the post so designated. A successor to the mayor in office on the effective date of this Act shall be elected in the municipal general election immediately preceding the expiration of such mayor's term of office. Candidates who are elected to office in the 1990 municipal general election shall take office on the date on which their predecessors' terms of office expire and shall serve for terms of office of two years and until their respective successors are duly elected and qualified. All candidates elected to the offices of mayor and councilman shall take office on the first day of January following their election and shall serve for terms of office of two years and until their respective successors are duly elected and qualified. The candidate receiving a majority of the votes cast for the office of mayor or for a post on the council shall be elected to such office. In the event no candidate receives a majority of the votes cast a runoff election shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., as the same may now or hereafter be amended.

Page 4044

(c) 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 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 1990 session of the General Assembly of Georgia a bill to amend an act establishing a new charter for the Town of Enigma, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2627), amended April 17, 1973 (Ga. L. 1973, p. 2802); and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: January 10, 1990. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4045

LIBERTY COUNTY ENHANCED 911 EMERGENCY TELEPHONE SERVICE; REFERENDUM. No. 824 (House Bill No. 1828). AN ACT To authorize the governing authority of Liberty County to implement and to exercise the powers conferred by Code Section 46-5-133 of the O.C.G.A., 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 provide for a referendum; 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 O.C.G.A., the governing authority of Liberty County is authorized to implement and exercise the powers conferred by Code Section 46-5-133 of the O.C.G.A., 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Liberty County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November of 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 Liberty County. The ballot shall have written or printed thereon the words:

Page 4046

() YES () NO Shall the Act be approved which authorizes the governing authority of Liberty County to implement and exercise the powers conferred by Code Section 46-5-133 of the O.C.G.A. to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number `911' systems among subscribers? 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 Liberty County. It shall be the superintendent's duty to certify the result thereof the Secretary of 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 1990 session of the General Assembly of Georgia a bill to authorize the governing authority to implement and 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 911 systems among subscribers; to provide for a referendum; and for other purposes. This 9th day of February, 1990.

Page 4047

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, 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: February 9, 1990. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF HINESVILLE MAYOR; COUNCIL MEMBERS; ELECTION; TERMS; REFERENDUM. No. 825 (House Bill No. 1829). 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

Page 4048

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: 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

Page 4049

that intersects Oglethorpe Highway immediately south of McArthur Drive; thence west 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 Welborne 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 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 Welborne 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.

Page 4050

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; 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,

Page 4051

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 west 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; 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 member 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

Page 4052

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. (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

Page 4053

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 councilmembers 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 councilmembers be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of 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 1990 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 9th day of February, 1990.

Page 4054

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, 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: February 9, 1990. /s/ James M. Floyd Representative, 154th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF TALLAPOOSA MAYOR; COUNCIL; MEETINGS; CITY ATTORNEY. No. 826 (House Bill No. 1830). AN ACT To amend an Act reincorporating and providing a new charter for the City of Tallapoosa, approved April 15, 1976 (Ga. L. 1976, p. 4262), so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4055

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Tallapoosa, approved April 15, 1976 (Ga. L. 1976, p. 4262), is amended by striking subsection (a) of Section 2.31 and inserting in its place a new subsection to read as follows: (a) The Mayor and Council shall hold regular meetings at least once in every month on the second Monday of said month at the city hall. The time and place for the regular meeting may be changed by the Mayor and Council by ordinance. The Mayor and Council may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. Section 2. Said Act is further amended by striking Section 3.30 and inserting in its place a new section to read as follows: Section 3.30. City attorney; appointment; qualifications; term; compensation. The Mayor and Council shall appoint a city attorney who shall be an attorney at law licensed to engage in the practice of law in the superior courts and appellate courts of the State of Georgia and who shall be a member of the State Bar of Georgia during his tenure. The city attorney shall serve at the pleasure of the Mayor and Council and shall receive such compensation as they shall determine. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE ON INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, approved April 15, 1976 (Ga. L. 1976, p. 4262), so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4056

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 8, 1990. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. BUTTS COUNTY PROBATE COURT; COSTS; CRIMINAL AND QUASI-CRIMINAL CASES. No. 827 (House Bill No. 1831). AN ACT To amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, approved April 15, 1969 (Ga. L. 1969, p. 2664), as amended, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in

Page 4057

the Probate Court of Butts County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, approved April 15, 1969 (Ga. L. 1969, p. 2664), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. In all criminal cases and quasi-criminal cases heard in the Superior Court of Butts County or in the Probate Court of Butts County wherein a fine which shall be construed to include costs is collected or wherein a bond which shall be construed to include costs is forfeited and collected, the sum of $5.00 for each case so disposed shall be paid to the treasurer of Butts County. Such sum remitted to the treasurer under the provisions of this Act shall be used for the purpose of maintaining the Butts County courthouse and other public buildings owned by the board of commissioners of Butts County. Provided, that if the amount of such funds held by the treasurer at any time shall exceed $10,000.00, the amount in excess of $10,000.00 shall be paid into the general fund of the county for general county purposes. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, approved April 15, 1969 (Ga. L. 1969, p. 2664), as amended; and for other purposes.

Page 4058

This 2nd day of February, 1990. 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 7, 1990. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4059

SAVANNAH-CHATHAM COUNTY ANTI-DRUG COMMISSION; CREATION. No. 828 (House Bill No. 1835). AN ACT To provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or 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, sue, 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 Savannah, other municipalites, or the county of Chatham shall be incurred in the exercise of any of the powers granted by this Act; to provide for annual reports; 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 provide for the rights, authority, and powers of other agencies; to repeal conflicting laws; and for other purposes. WHEREAS, it is desirable and in the public interest that such actions be initiated and implemented to control or deter, with the ultimate objective of reducing or eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Savannah, other municipalities, and in Chatham 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

Page 4060

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 Savannah-Chatham County Anti-Drug Commission Act. Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the Savannah-Chatham 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, 1990, and terminating on June 30, 1995, at which time such commission shall be dissolved and shall thereafter be nonexistent. Section 4. Composition. (a) The commission shall be composed of 30 members. Except as otherwise provided in this subsection, the members shall be appointed initially by the members of the General Assembly whose legislative districts are wholly or partially within Chatham County, to fill the respective posts, as follows: Post Members 1. The mayor of the City of Savannah; 2. The chairman of the Board of Commissioners of Chatham County; 3. The mayor of the City of Garden City; 4. The mayor of the City of Pooler; 5. The mayor of the City of Port Wentworth; 6. The mayor of the City of Bloomingdale; 7. The mayor of the City of Tybee Island; 8. The mayor of the Town of Thunderbolt; 9. The sheriff of Chatham County; 10. The district attorney of the Eastern Judicial Circuit of Georgia; 11. The president or chairperson of the Chatham County Medical Association; 12. The president or chairperson of the Chatham County Pharmaceutical Association; 13. The president or chairperson of the Chatham County Ministerial Association; 14. The president of the Savannah Area Chamber of Commerce; 15. One person appointed by the Chatham County Board of Education; 16. The chairperson of the Chatham County Independent School Association; 17. The chief judge of the superior court, or his designee; 18. The chief of police of the City of Savannah; 19. The chief of police of Chatham County; 20. The director of the Chatham-Savannah Youth Futures Authority; 21. The director of the Board of Health of Chatham County; 22. The director of the Tidelands Community Mental Health Center; 23. The director of Family and Children Services; 24-26. One member shall be appointed to each of these three posts by the governing authority of the City of Savannah for such term of office as such governing authority may desire during the five-year existence of such commission; 27-29. One member shall be appointed to each of these three posts by the governing authority of Chatham County for such term of office as such governing authority may desire during the five year existence of such commission; 30. One member shall be a recovering substance abuser to be jointly nominated by the City of Savannah and Chatham County. (b) Each of the officials in Posts 1 through 14 and Posts 15 through 17 shall serve as a member of such commission 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, or improbable, for any reason or cause to serve on such commission, said official may designate a member to serve in his or her place on said commission. Posts 18 through 23 will fill their respective post as a condition of employment, or appointment, and if said member vacates his or her employment said replacement shall fill the vacancy. Section 5. Vacancies. (a) Any vacancy in the above-designated Posts 24 through 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 the governing authority of the City of Savannah. (b) Any vacancy in the above-designated Posts 27 through 29 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member

Page 4063

whose seat has been vacated by a person appointed by the governing authority of the County of Chatham. (c) Any vacancy in the above-designated Post 30 occurring by 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 jointly by the governing authorities of the City of Savannah and the County of Chatham. (d) Any vacancy in the above-designated Post 15 occuring 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 Chatham County Board of Education. 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. Section 7. Meetings. The commission shall hold at least one regular meeting monthly 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. 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 quarterly, bimonthly, monthly, semimonthly, or weekly meetings or such other 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

Page 4064

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 meetings 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 meeting. 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 Savannah, other municipalities, and the county of Chatham 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, 1990. The commission shall make a written request to the City of Savannah, other municipalities, and the County of Chatham 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 Savannah, City of Garden City, City of Pooler, City of Port Wentworth, City of Bloomingdale, City of Tybee Island, Town of Thunderbolt, and the County of Chatham on or before April 15, 1990, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Savannah, other municipalities, and the county of Chatham. In addition to any such annual contribution, the City of Savannah, other municipalities, and Chatham County 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

Page 4065

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 reduce or 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 Savannah, other municipalities within Chatham County, the county of Chatham, other municipalities of the State of Georgia 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; (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

Page 4066

(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 Savannah, other municipalities, with the County of Chatham, 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 Savannah, other municipalities within Chatham County, the County of Chatham, 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

Page 4067

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 purpose 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 Savannah, other municipalities of Chatham County, or the County of Chatham. 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 Superior Court or State Court of Chatham 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.

Page 4068

Section 17. It shall be the duty of the commission to make an annual report of its findings and operations to the members of the General Assembly whose legislative districts are wholly or partially within Chatham County. Such reports shall be furnished to such members of the General Assembly by not later than December 31 of each year. Section 18. 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 19. 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 20. Rights, authority, or powers of other agencies. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Savannah, other municipalities in Chatham County, or Chatham 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. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 22. General repealer. All laws and parts of law in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, G. M. (BUCKY) JOHNSON, to me known, who being sworn, deposes and says: That he is the ADVERTISING DIRECTOR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of

Page 4069

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, 1990, 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 1990 Session of the General Assembly of Georgia a bill to provide for the Savannah-Chatham County Anti-Drug Commission: to provide for its membership, powers, duties; and for other purposes. This 23rd day of January, 1990. Diane Harvey Johnson House District 123 appeared in each of said editions. /s/ G. M. Johnson (Deponent)

Page 4070

Sworn to and subscribed before me this 24 day of Jan, 1990. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 (SEAL) Approved March 20, 1990. NEWTON COUNTY BOARD OF COMMISSIONERS; SALARY; EXPENSE ALLOWANCES. No. 829 (House Bill No. 1836). AN ACT To amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5358), so as to change the provisions relating to the salary and expense allowances of members of the board; to repeal certain provisions relating to expense allowances; to provide a salary supplement for the chairman 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 Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5358), is amended by striking Section 1-106A which reads as follows: Section 1-106A. (a) The members of the board of commissioners other than the chairman shall receive a base salary of $250.00 per month.

Page 4071

(b) In addition to the base salary provided for in subsection (a), each member of the board of commissioners other than the chairman shall receive $150.00 per month as reimbursement for actual and necessary expenses incurred in performing his or her official duties. In addition to the salary otherwise provided by law, the chairman of the board shall receive $500.00 per month as reimbursement for actual and necessary expenses incurred in performing his or her official duties. Said sum shall be received without the necessity of itemizing or verifying expenses., and inserting in lieu thereof a new Section 1-106A to read as follows: Section 1-106A. (a) The chairman of the board of commissioners shall receive a salary supplement of $500.00 per month. Such salary supplement shall be in addition to the salary and salary supplement received by the chairman pursuant to an Act providing for the compensation of certain Newton County officials, approved April 6, 1981 (Ga. L. 1981, p. 3304), as now or hereafter amended. (b) The members of the board of commissioners other than the chairman shall receive a salary of $600.00 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 INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5358); and for other purposes.

Page 4072

This 2nd day of February, 1990. Honorable Denny Dobbs Representative, 74th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denny M. Dobbs, who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following date: February 8, 1990. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF DUBLIN CORPORATE LIMITS. No. 830 (House Bill No. 1840). AN ACT To amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), so as to change the

Page 4073

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 Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), is amended by adding at the end of Section 1.2 a new subsection (d) to read as follows: (d) The corporate limits of the City of Dublin shall include the following described tracts of land: All that tract or parcel of land, situate, lying and being in Land Lot 111, of the First Land District of Laurens County, Georgia, being known and described as part of Lot 41 of Pecan Grove Subdivision, Section II, containing 0.2342 acre, more or less; Part of lot 54 of Pecan Grove Subdivision, Section II, containing 0.2870 acre, more or less, and part of an unnamed street adjoining said Lots 41 and 54 in Pecan Grove Subdivision, containing 0.0574 acre, more or less, all as more particularly shown on a plat of survey prepared by the City of Dublin Engineering Department, dated February 14, 1989. Said property is a strip of land fronting 504.01 feet on the southwesterly margin of Firetower Road and extending back to a depth of 50.00 feet, all as more particularly shown on said plat of survey. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION The CITY OF DUBLIN is proposing that a 50.00 foot strip of land on Firetower Road and adjacent to Pecan Grove Subdivision located in Land Lot 111 of the First Land District of Laurens County, Georgia, be included in the Corporate boundaires of the CITY OF DUBLIN. Notice is hereby given that legislation will be introduced at the regular 1990 Session of the GENERAL ASSEMBLY

Page 4074

OF GEORGIA to amend the Charter of the CITY OF DUBLIN to include said property in the Corporate Limits. JONES, HILBURN, CLAXTON SANDERS Attorneys at Law 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: February 10, 1990. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. HEARD COUNTY SHERIFF; COMPENSATION. No. 831 (House Bill No. 1841). AN ACT To amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act approved February 12, 1985 (Ga. L. 1985, p. 3518), so as to

Page 4075

change the amount of compensation of the sheriff; to provide an editorial change; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act approved February 12, 1985 (Ga. L. 1985, p. 3518), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The present method of compensation for the sheriff of Heard County, Georgia, is hereby changed from the fee system to the salary system, and the sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $29,700.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the sheriff of Heard County and, except as otherwise provided by general law, said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys, and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department, or official of Heard County or for any department or official of the State of Georgia. Section 2. This Act shall become effective on July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4076

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended; and for other purposes. This 2nd day of February, 1990. Steve Lipford Commissioner, Heard County 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 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 7, 1990. /s/ B. T. McCutchen Sworn to and subscribed before me, this the 7th day of February, 1990. /s/ June Yates Notary Public, Heard County, Georgia My Commission Expires Jan. 1, 1991 (SEAL) Approved March 20, 1990.

Page 4077

BURKE COUNTY BOARD OF COMMISSIONERS; SALARY. No. 832 (House Bill No. 1844). AN ACT To amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, so as to change the compensation of the chairman and other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The chairman of the board of commissioners of Burke County shall receive a salary of $4,800.00 per year. Each other member of the board shall receive a salary of $3,600.00 per year. Such salaries shall be paid in equal monthly installments from funds of Burke County. (b) In addition to the salary provided for in subsection (a) of this section, any member of the board, including the chairman, who does not participate in a plan of insurance established pursuant to the authority granted by Code Section 36-1-11.1 of the O.C.G.A. shall receive a salary supplement of $200.00 per month. Such salary supplement shall be payable from funds of Burke 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 4078

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 911 (Ga. L. 1911, page 390), as amended; and for other purposes. This 7th day of February, 1990. Emory 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 True Citizen which is the official organ of Burke County, on the following date: February 7, 1990. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4079

CITY OF DECATURTAX DEFERRAL FOR CERTAIN ELDERLY PERSONS. No. 833 (HOuse Bill No. 1860). AN ACT To amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons approved March 21, 1989 (Ga. L. 1989, p. 3985), so as to change a condition of eligibility for the deferral; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the deferral of City of Decatur ad valorem taxesfor certain elderly persons approved March 21, 1989 (Ga. L. 1989, p. 3985), is amended by striking $15,000.00 from paragraph (1) of Section 4 thereof, and inserting in its place $20,000.00, so that when so amended said paragraph shall read as follows: (2) If the applicant's gross household income for the immediately preceding calendar year exceeds $20,000.00; 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 1990 session of the General Assembly of Georgia a bill to amend the eligibility requirements of an Act establishing a property tax deferral program in the City of Decatur and for other purposes. This 8th day of February, 1990. Michael Mears Mayor

Page 4080

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-property tax deferral program a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8th day of February 1990. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 8th day of February, 1990. /s/ Samme Johnson Notary Public My commission expires Jan. 1, 1994 (SEAL) Approved March 20, 1990. CATOOSA COUNTY COMMISSIONER AND STAFF; SALARY. No. 834 (House Bill No. 1856). AN ACT To amend an Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved January 31, 1986 (Ga. L. 1986, p. 3540), so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall

Page 4081

set the compensation of his staff subject to certain requirements; to provide for limitations; to provide 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 the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved January 31, 1986 (Ga. L. 1986, p. 3540), is amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. (a) (1) The commissioner of Catoosa County shall be paid an annual salary in a base amount of $36,000.00. On January 1, 1991, and on that date each year thereafter, the base amount of the commissioner's annual salary for that calendar year shall be increased from the base amount for the immediately preceding year by an amount or percentage equal to any cost-of-living increase by which the minimum salary of sheriffs is increased pursuant to general law for the calendar year in which the commissioner's new base amount is being computed. In the event such 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, the cost-of-living increase in the base salary of the commissioner for a calendar year shall be the highest percentage cost-of-living increase received by employees in the classified service of the merit system for the fiscal year which ends in that calendar year. The base amount of the commissioner's annual salary also shall be increased by 5 percent for each four-year term of office served by the commissioner after January 1, 1991. The commissioner's salary shall be paid in equal monthly installments from the funds of Catoosa County. (2) The commissioner shall be authorized to purchase, at county expense, one automobile for use outside and inside the county for official county business, which automobile may be replaced with a new automobile at county expense no more often than once every two years. The commissioner

Page 4082

shall also be reimbursed by the county for his actual expenses when traveling out of the county on county business. The commissioner may also reimburse other county employees when traveling out of the county on county business. (b) The commissioner may employ one administrative assistant and clerical assistants as necessary. The compensation of such assistants shall be set by the commissioner within budgetary limits. The commissioner shall publish notice of any proposed compensation increase for any member of his staff at least once in the legal organ of Catoosa County. (c) The commissioner shall keep his office at the courthouse open from 9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. Section 2. 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 INTENT The Commissioner of Catoosa County intends to introduce Legislation to to set salaries, both official and clerical, in that office and for other purposes in the 1990 Session of the General Assembly. Jack D. Rowan Commissioner PROOF OF PUBLICATION STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of THE CATOOSA COUNTY NEWS, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown

Page 4083

below has been duly and regularly published in THE CATOOSA COUNTY NEWS 1 times, on the issues dated, to-wit: January 24, 1990. /s/ Jim Caldwell Sworn to and subscribed before me, this the 24 day of Jan., 1990 /s/ Charlcie M. Seabolt (SEAL) Approved March 20, 1990. WILCOX COUNTY BOARD OF COMMISSIONERS; SALARY. No. 835 (House Bill No. 1873). 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 23, 1977 (Ga. L. 1977, p. 3660), so as to change the compensation of the commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3660), 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:

Page 4084

(a) Each member of the Board of Commissioners shall receive as his compensation a sum not to exceed $200.00 per month which shall be paid from the funds of Wilcox County. Such compensation shall be authorized by ordinance or resolution duly adopted by the Board. The Board of Commissioners, by ordinance or resolution duly adopted by the Board, shall be authorized to provide additional compensation payable from county funds for the Chairman of the Board of Commissioners. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1990 Session of the General Assembly of Georgia, a bill to increase the compensation of County Commissioners of Wilcox County; and the other purposes. This 9th day of January, 1990. THOMAS E. PUJADAS County Attorney Wilcox County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that 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 11, 1990. /s/ W. N. Hudson Representative, 117th District

Page 4085

Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COMMERCE CIVIC CENTER AND TOURISM AUTHORITY CREATION. No. 836 (House Bill No. 1876). AN ACT To create the Commerce Civic Center and Tourism Authority; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Commerce, Georgia, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, and educational purposes, including expositions, conventions, displays, concerts, public meetings, gatherings, theatrical events, competitions, business and agricultural events, sports and athletic events 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

Page 4086

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 Commerce, 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 Commerce, Georgia, and of this state. Section 2. Creation of authority. There is created a public body corporate and politic to be known as the Commerce Civic Center 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 shall be, and any funds realized by said authority shall be expended for, the development and promotion in Commerce, Georgia, and in this state of public projects for the cultural growth, public welfare, education, and recreation of the people of Commerce, 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 expositions, conventions, displays, concerts, public meetings, gatherings, theatrical events, competitions, business and agricultural events, sports and athletic events; 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.

Page 4087

Section 4. Members. (a) The authority shall consist of seven members, one of whom shall be the current mayor of the City of Commerce, or his designee, and six of whom shall be appointed by the city council of the City of Commerce immediately upon the effective date of this Act. The initial members shall be appointed for the following terms: Mayor of the City of Commerce, 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. (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

Page 4088

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. The authority shall have an annual audited financial statement prepared by an independent certified public accountant and a copy of such statement shall be filed in the office of the city clerk of the City of Commerce. Section 5. Public property. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of Commerce, 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 easement therein or franchises and personal property necessary or convenient for its corporate purposes and to use, lease, and dispose of real and personal property in any manner it deems to be to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public;

Page 4089

(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 Commerce, Georgia, of a building or buildings, which shall be and are declared to be public buildings, to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including expositions, conventions, displays, concerts, public meetings, gatherings, theatrical events, competitions, business and agricultural events, sports and athletic events, and such other activities as are designed and intended to promote tourism; and to purchase lands, easements, rights in lands,

Page 4090

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. 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

Page 4091

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 not pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of Commerce, 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 or other persons or entities 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 of any public property of the political subdivision. The rentals contracted to be paid by the

Page 4092

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, binding, 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

Page 4093

redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. If the 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;

Page 4094

(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 damages 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

Page 4095

such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 13. Sinking fund. (a) The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds were issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds, and such funds so pledged from whatever source received may include funds received from one or more or all sources and may be set aside at regular intervals into a sinking fund for which provision may be made in any such resolution or trust instrument, which sinking fund may be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall become due; (2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee or paying agent or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. (b) The use and disposition of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Except as may otherwise be provided in the resolution or trust instrument, the sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution or the trust instrument, any surplus

Page 4096

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 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, and 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

Page 4097

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 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 Jackson 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 Jackson 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 or 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 Jackson 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 an appeal is filed and the judgment of the Superior Court of Jackson County is affirmed, the judgment so confirming and validating the validity

Page 4098

and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive. 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 purpose 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.

Page 4099

Section 22. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase 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 become effective upon its approval by the Governor or upon its becoming law without such approval. Section 24. Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intent To Introduce Local Legislation Notice is hereby given that there will be introduced at the Regular 1990 Session of the General Assembly of Georgia, a Bill providing for the creation of the Commerce Civic Center Tourism Authority, providing for all related matters, repealing conflicting laws, and for other purposes. This 23rd day of January, 1990. Charles L. Hardy, Jr. Mayor, Commerce, Ga. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF JACKSON Before me, the undersigned, Notary Public, this day personally came Herman Buffington, who being first duly sworn, according to law, says that he is the publisher of the Commerce News, official newspaper published at Commerce, Georgia, in said county and state, and that the publication, of which the annexed is

Page 4100

a true copy, was published in said paper on the following dates: January 24, 1990 January 31, 1990 as provided by law. /s/ Herman Buffington Publisher Subscribed and sworn before me this the 8th day of February, 1990. /s/ Lisa L. Jacobs Notary Public, Madison County, Georgia My Commission Expires March 24, 1991 (SEAL) Approved March 20, 1990. FAYETTE COUNTY SHERIFF; SALARY. No. 837 (House Bill No. 1883). 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 22, 1989 (Ga. L. 1989, p. 4178), 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 22, 1989 (Ga. L. 1989, p. 4178), is amended by striking Section 2 thereof and inserting in its place a new section to read as follows:

Page 4101

Section 2. The sheriff of Fayette County shall receive an annual salary of $44,450.00 during such person's first four years in office, $47,225.00 during such person's fifth through eighth years in office, and $50,000.00 during such person's ninth and subsequent years in office. This salary shall be 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. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Sheriff of Fayette County (Ga. Laws 1965, p. 2585, as amended, Ga. L. 1985, p. 4479, as amended, Ga. Laws 1987, p. 4412, and Ga. Laws 1989, p. 4178) 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

Page 4102

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: January 11, 1990. /s/ Gary Cornwell Sworn to and subscribed before me this 12th day of January, 1990. /s/ Helen S. Teague Notary Public, Fayette County, Georgia My Commission Expires July 11, 1993 (SEAL) Approved March 20, 1990. CLINCH COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; MEMBERS; SALARY. No. 838 (House Bill No. 1886). AN ACT To amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3972), and an Act approved March 20, 1985 (Ga. L. 1985, p. 3974), so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4103

Section 1. An Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3972), and an Act approved March 20, 1985 (Ga. L. 1985, p. 3974), is amended by striking subsections (a) and (b) of Section 9 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) The chairman of the board shall receive an annual salary of not less than $25,000.00 and not more than $30,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Action affecting the salary of the chairman of the board shall be advertised in the legal organ of Clinch County prior to any consideration or vote by the board of commissioners of Clinch County. Changes in the salary of the chairman shall become effective immediately after being properly advertised and voted upon by a majority of the board of commissioners of Clinch County; provided, however, that if the chairman does not devote his entire time to the discharge of his duties as chairman of the board, then he shall receive only the salary provided herein for other members of the board. (b) The other members of the board shall each receive an annual salary of not less than $2,100.00 and not more than $2,700.00, the exact amount to be determined by a majority vote of the board of commissioners. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for an increase in the minimum and maximum limits of the salary that may be set for the Chairman of the Clinch County Board of Commissioners; to provide for other matters relative to the foregoing; and for other purposes.

Page 4104

This 4th day of January, 1990. Honorable Tom Crosby, Jr. Representative 150th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: January 25, 1990. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF SUGAR HILL CORPORATE LIMITS. No. 839 (House Bill No. 1891). AN ACT To amend an Act providing a new charter for the City of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4603), so as to change the corporate limits of the city; to

Page 4105

provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4603), by inserting at the end of Section 1.11A new subsection (6) to read as follows: (7) TRACT 7. All that tract or parcel of land lying and being in Land Lots 346, 347, 348, 366 and 367 of the 7th Land District, Gwinnett County, Georgia designated as Tracts 6, 7, 8, 9, 10 and 11 on that certain plat of survey prepared for Guy Findley and Baron Herman, Inc. dated October 9, 1987, last revised November 4, 1987, and being recorded at Plat Book 44, Page 196, Gwinnett County, Georgia Records, and being more particularly described as follows: BEGINNING at a point which is the intersection of Land Lots 366, 365, 347 and 348 of the 7th Land District of Gwinnett County, running thence along the Land Lot line separating land Lots 366 and 347, South 60 degrees 11 minutes 2 seconds West, a distance of 50 feet, to an iron pin found; thence South 88 degrees 49 minutes 09 seconds East, a distance of 1661.58 feet, to a point; thence North 53 degrees 23 minutes 26 seconds East, a distance of 315.60 feet, to a point; thence North 88 degrees 44 minutes 19 seconds East, a distance of 309.73 feet, to a point; thence South 55 degrees 29 minutes 04 seconds East, a distance of 150 feet, to a point on the northwest right-of-way of Suwanee-Buford Dam Road (80 foot right-of-way); thence South 34 degrees 48 minutes 54 seconds West, a distance of 101.19 feet, to an iron pin placed; thence South 34 degrees 30 minutes 56 seconds West, a distance of 47.77 feet, to a point; thence South 31 degrees 44 minutes 25 seconds West, a distance of 32.24 feet, to a point; thence leaving said right-of-way of Suwanee-Buford Dam Road and running South 60 degrees 00 minutes 00 seconds West a distance of 801.25 feet, to a point; thence South 65 degrees 29 minutes 43 seconds West, a distance of 73.12 feet to a point; thence South 52 degrees 53 minutes 18 seconds West, a distance of 39.68 feet to a point;

Page 4106

thence South 31 degrees 32 minutes 08 seconds West, a distance of 50.30 feet, to a point; thence South 21 degrees 44 minutes 40 seconds West, a distance of 50.48 feet, to a point; thence South 09 degrees 49 minutes 25 seconds West, a distance of 404.43 feet, to a point; thence South 01 degree 25 minutes 49 seconds West a distance of 102.81 feet, to a point; thence South 12 degrees 41 minutes 16 seconds East, a distance of 76.31 feet, to a point on the Suwanee-Buford Dam Road (80 foot right-of-way); thence continuing along said right-of-way South 33 degrees 53 minutes 24 seconds West, a distance of 421.37 feet, to a point; thence leaving said right-of-way and running South 68 degrees 46 minutes 39 seconds West, a distance of 56.14 feet to a point; thence South 61 degrees 17 minutes 47 seconds West, a distance of 40.97 feet, to a point; thence South 56 degrees 49 minutes 16 seconds West, a distance of 21.19 feet, to a point; thence South 30 degrees 05 minutes 47 seconds East, a distance of 65.18 feet, to a point on the said right-of-way of Suwanee-Buford Dam Road; thence continuing along said right-of-way South 33 degrees 25 minutes 35 seconds West, a distance of 364.81 feet, to a point; thence South 26 degrees 38 minutes 14 seconds West, a distance of 130.48 feet, to a point; thence South 17 degrees 15 minutes 15 seconds West, a distance of 136.01 feet, to a point; thence South 08 degrees 12 minutes 26 seconds West, a distance of 123.11 feet, to a point; thence leaving said right-of-way of Suwanee-Buford Dam Road and running North 14 degrees 56 minutes 34 seconds West, a distance of 178.18 feet, to a point; thence South 77 degrees 27 minutes 01 second West, a distance of 267.98 feet to a point; thence South 27 degrees 31 minutes 13 seconds West, a distance of 241.38 feet, to a point; thence South 80 degrees 56 minutes 35 seconds West, a distance of 739.60 feet, to a point; thence South 82 degrees 52 minutes 26 seconds West, a distance of 94.41 feet, to a point; thence North 48 degrees 31 minutes 13 seconds West, a distance of 433.50 feet, to a point; thence North 48 degrees 21 minutes 52 seconds West, a distance of 1185.85 feet, to a point; thence South 11 degrees 15 minutes 03 seconds West, a distance of 1502.23 feet, to an iron pin found on the northern right-of-way of Georgia Highway #20 (100 foot right-of-way); running thence along said right-of-way North 81 degrees 18 minutes 30 seconds West, a distance of 635.33 feet, to a point; thence North 19 degrees 14 minutes 40 seconds East, a distance of 1454.49 feet, to a point; thence South 65 degrees 10 minutes 03 seconds West, a distance

Page 4107

of 75 feet to a point; thence South 65 degrees 10 minutes 03 seconds West, a distance of 325.50 feet, to a point; thence South 65 degrees 10 minutes 39 seconds West, a distance of 303.62 feet, to a point; thence North 29 degrees 53 minutes 48 seconds West, distance of 1177.20 feet, to a point; thence South 81 degrees 01 minute 00 seconds West, a distance of 581.85 feet to a point; thence North 00 degrees 50 minutes 36 seconds West, a distance of 707.95 feet, to a point; thence North 38 degrees 22 minutes 07 seconds East, a distance of 565.70 feet, to a point; thence North 38 degrees 22 minutes 07 seconds East, a distance of 96.53 feet, to a point; thence North 62 degrees 59 minutes 03 seconds East, a distance of 100 feet to a point; thence North 62 degrees 59 minutes 03 seconds East, a distance of 272.42 feet to a point; thence South 32 degrees 36 minutes 48 seconds East, a distance of 504.66 feet, to a point; thence South 51 degrees 40 minutes 49 seconds East, a distance of 361.17 feet, to a point; thence North 73 degrees 40 minutes 19 seconds East, a distance of 319.82 feet to a point; thence South 41 degrees 10 minutes 00 seconds East, a distance of 85.67 feet, to a point; thence South 41 degrees 10 minutes 00 seconds East, a distance of 186.83 feet to a point; thence North 69 degrees 30 minutes 00 seconds East, a distance of 181.40 feet to a point; thence North 24 degrees 50 minutes 00 seconds East, a distance of 121.08 feet, to a point; thence North 24 degrees 50 minutes 00 seconds East, a distance of 335.32 feet, to a point; thence North 11 degrees 13 minutes 38 seconds East, a distance of 607.92 feet, to a point; thence North 72 degrees 48 minutes 10 seconds East, a distance of 267.18 feet, to a point; thence South 41 degrees 59 minutes 22 seconds East, a distance of 265.38 feet, to a point; thence South 02 degrees 20 minutes 30 seconds West, a distance of 175.72 feet, to a point; thence South 47 degrees 03 minutes 41 seconds East, a distance of 253.64 feet, to a point; thence South 84 degrees 29 minutes 37 seconds East, a distance of 513.59 feet to a point; thence South 29 degrees 06 minutes 11 seconds East, a distance of 505.11 feet, to the point of beginning. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4108

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new City Charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, page 3232, as amended) to provide for a change in the corporate limits of the City and for other purposes. This 30th day of January, 1990. /s/ Mayor and Council City of Sugar Hill, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith R. Breedlove, who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily News which is the official organ of Gwinnett County, on the following date: February 5, 1990. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 20, 1990.

Page 4109

RICHMOND COUNTY CIVIL COURT; JURISDICTION. No. 840 (House Bill No. 1892). AN ACT To amend an Act relating to the Civil Court of Richmond County, approved March 21, 1974 (Ga. L. 1974, p. 2410), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4467), so as to change the maximum civil jurisdictional amount of the court; 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 relating to the Civil Court of Richmond County, approved March 21, 1974 (Ga. L. 1974, p. 2410), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4467), is amended by striking subsections (c) and (d) of quoted Section 2, relating to jurisdiction of the court, and inserting in their place new subsections to read as follows: (c) The jurisdiction of the civil court of said county as to all civil cases, proceedings, summary and statutory, claims or counterclaims, arising ex contractu or ex delicto, shall be concurrent with the jurisdiction of the state court of said county in every civil claim, matter, or proceeding in which the principal amount claimed, indebtedness, damages, or value of property claimed in controversy by any party litigant does not exceed $45,000.00 exclusive of interest, hire, statutory penalty, attorney's fee, and court costs. (d) Should any defending party file a counterclaim or setoff which seeks an affirmative recovery for a principal amount or value in excess of $45,000.00 and the jurisdictional limits of the civil court as heretofore defined, upon such fact being brought to the attention of the court, the judge of the civil court to whom the case or matter is assigned shall pass an order transferring the entire case or matter to the State Court of Richmond County, Georgia, or to the superior court, if made necessary by the character of the relief sought, for all future action, unless the case shall be transferred back to the civil

Page 4110

court by the higher court. After crediting the plaintiff's cost deposit to the clerk of civil court, the defendant shall be required to pay to the clerk of state and superior court any additional cost to file the pleadings and record in the higher court to which the defendant has required the case to be transferred. Section 2. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLICATION ATTORNEY Or AGENCY Richmond County Board of Commissioners 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 February 2, 1990, and finds that the following advertisement appeared in each of said editions to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a Bill to amend the Act pertaining to the Civil and Magistrate Court of Richmond County, Georgia, as found in Ga. Laws 1974, p. 2410, as amended, particularly by an Act approved april 6, 1981, Ga. Laws 1981, p. 3575, and as further amended by an Act approved March

Page 4111

21, 1984, Ga. Laws 1984, p. 4471, to provide for the increase of the monetary jurisdiction of the Civil court of said county as to all civil cases, proceedings, summary and statutory claims or counterclaims, crossclaims or set-offs, arising ex-contractu or ex-delicto; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 26th day of January, 1990. ROBERT C. DANIEL, JR., County Attorney for Richmond County, Georgia /s/ Matt Reynolds (deponent) Sworn to and subscribed before me this 9th day of February, 1990. /s/ Deborah K. Lowry Notary Public, Columbia County, Georgia My Commission Expires Sept. 13, 1992 (SEAL) Approved March 20, 1990. CARROLL COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 841 (House Bill No. 1901). AN ACT To amend an Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), so as to change the provisions relating to the expense allowance of the chairman and other members of the board of commissioners; to repeal conflicting laws; and for other purposes.

Page 4112

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), is amended by striking subsection (c) of Section 7 and inserting in lieu thereof a new subsection (c) to read as follows: (c) In addition to said salaries, the chairman shall receive an expense allowance of $3,000.00 per year from county funds, and each other member of the commission shall receive an expense allowance of $1,200.00 per year from county funds. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546); and for other purposes. This 7th day of February, 1990. /s/ Charles Thomas, Jr., District 69. AFFIDAVIT GEORGIA, Carroll County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 2-10

Page 4113

Sworn to on this 12th day of February, 1990 /s/ Fred Lister Publisher Sworn to and subscribed before me this 12th day of February, 1990 /s/ Norma Blinn Notary Public My Commission Expires Jan. 7, 1994 (SEAL) Approved March 20, 1990. COBB COUNTY STATE COURT; SECOND DIVISION. No. 842 (House Bill No. 1902). 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), so as to change certain titles; to provide for a definition; to delete certain obsolete provisions; 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), is amended by striking Part 2 thereof and inserting in its place a new Part 2 to read as follows:

Page 4114

Part 2 Section 2-1. There is created a second division of the State Court of Cobb County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this Part 2. Section 2-2. (a) In addition to all other judges of the state court, there shall be two judges of the second division. As used hereafter in this part only, the term `judge' means a judge of the second division of the State Court of Cobb County, except that neither `other judge of state court' nor `senior judge' means a judge of that second division. The qualifications and election of the judges shall be as provided by general law. (b) Successors to the judges whose terms of office expire shall be elected as provided by general law. (c) The judge who is senior in point of continuous service, including for this purpose service as magistrate, shall be known as the presiding judge. If the two judges were first elected in the same election, the one having the longest active service as a member of the State Bar of Georgia shall be known as the presiding judge. The two judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between the judges with respect to such matters, the decision of the presiding judge shall govern. Section 2-3. Each judge shall receive an annual salary of $57,000.00 to be paid in equal monthly installments from funds of Cobb County. The judges are designated as full-time judges and may not engage in the private practice of law. Section 2-4. (a) The senior judge of the State Court of Cobb County may order that any or all of the following matters shall be automatically assigned to the second division of the court: (1) All cases involving violations of the traffic laws of the State of Georgia;

Page 4115

(2) The hearing of applications for and the issuance of arrest and search warrants; (3) The holding of courts of inquiry; and (4) Any other matters within the jurisdiction of the court. (b) The provisions of this section shall not limit the power of the judges to hear and decide any matter within the jurisdiction of the court; but the judges shall hear and decide only such matters as are assigned to the second division by order of the senior judge. (c) This section shall not limit the power of the judges to punish contempts in the same manner as any other judge of state court. Section 2-5. The judges shall take an oath to faithfully administer and discharge the duties of their offices in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any other officer authorized under the laws of this state to administer oaths. No such oath, however, shall be required of a magistrate of the State Court of Cobb County who becomes a judge by operation of law under this part. 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 1990 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. 3605); and for other purposes. This 29th day of December, 1989.

Page 4116

/s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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 offical organ of Cobb County, on the following date: December 29, 1989. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4117

MORGAN COUNTY BOARD OF COMMISSIONERS; COMPENSATION AND EXPENSES. No. 843 (House Bill No. 1905). AN ACT To amend an Act creating the Board of Commissioners of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3883), so as to change the compensation and expenses of the chairman, vice-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 Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3883), is amended by striking Section 9 of said Act and inserting in lieu thereof a new Section 9 to read as follows: Section 9. The chairman of said board shall receive a salary of $500.00 per month. The vice-chairman of said board shall receive a salary of $450.00 per month. Each of the other members of the board shall receive a salary of $400.00 per month. In addition thereto, all members shall receive mileage at the rate of 25per mile for expenses in attending board meetings or otherwise attending to the duties of their office. All expense bills shall be approved by the board before payment. Section 2. This Act shall become effective 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 hereby given that there will be introduced at the regular Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Morgan County, so

Page 4118

as to change the compensation of the Chairman, Vice-Chairman, and other members of said Board of Commissioners; to change the mileage rate for traveling expenses; to provide for an effective date; and for other purposes. This 19th day of January, 1990. /s/ FRANK E. STANCIL Representative 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 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 8, 1990. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4119

WHITFIELD COUNTY BOARD OF COMMISSIONERS; PROHIBITORY ACTIONS; EMPLOYMENT. No. 844 (House Bill No. 1907). AN ACT To amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approved April 24, 1969 (Ga. L. 1969, p. 3398), so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer; to prohibit the board from employing any person related to a board member by marriage or blood in a degree closer than second cousin; to provide penalties for violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approved April 24, 1969 (Ga. L. 1969, p. 3398), is amended by striking Section 22 in its entirety and inserting in its place a new Section 22 to read as follows: Section 22. Forbidden Acts and Penalties. The members of the board, the comptroller, and the county engineer shall be prohibited from purchasing warrants drawn on county funds or speculating in such warrants. The board shall be prohibited from hiring any person related to any member of the board by marriage or blood in a degree closer than second cousin. The members of the board, the comptroller, and the county engineer shall be prohibited from having any financial interest in the transaction of any business in connection with the purchase or sale of any goods, supplies, or services for Whitfield County. Any person who violates any provision of this section shall be punished as for a violation of a county ordinance.

Page 4120

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 1990 session of the General Assembly of Georgia a bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, approved February 21, 1964 (Ga. Laws 1964, p. 2175); and for other purposes. This 17th day of January, 1990. Lenard Whaley Administrator 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 Daily Citizen News which is the official organ of Whitfield County, on the following date: January 19, 1990. /s/ Phil Foster Representative, 6th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4121

CITY OF MARIETTA CORPORATE LIMITS. No. 845 (House Bill No. 1909). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by inserting at the end of Section 1.4 the following: (j) The corporate limits of the City of Marietta shall no longer include the following described parcels and tracts of land: All That Tract or parcel of land lying and being in Land Lot 803 of the 16th District, 2nd Section of Cobb County, Georgia, being part of Lot 1, Block E, West Oak Subdivision, as per plat recorded in Plat Book 7, page 197, Cobb County Records, which plat is incorporated herein by reference and made a part hereof, and being more particularly described as follows: BEGINNING at a point on the Northwesterly right of way of Myrtle Drive (having a 40-foot right of way) 212.0 feet Northeasterly from the intersection of the Northwesterly right of way of Myrtle Drive and the Northeasterly right of way of Elberta Drive, running thence North 45 18 50West a distance of 75.49 feet to an iron pin point and corner; running thence North 41 0 East 100.00 feet to an iron pin point and corner; running thence South 43 56 East 63.4 feet to an iron pin on the Northwesterly right of way of Myrtle Drive; thence South 34 0 West along the Northwesterly right of way of Myrtle Drive at the iron pin at the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4122

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 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 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Johnny Isakson Representative, 21st District

Page 4123

Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. IRWIN COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; SALARY. No. 846 (House Bill No. 1921). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4915), so as to change provisions relating to the salary of the chairman of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4915), is amended by striking subsections (b) and (c) of Section 6 of said Act in their entirety and inserting in their place new subsections (b) and (c) to read as follows: (b) The chairman shall receive a salary of not less than $750.00 per month and not more than $1,500.00 per month. Any action to fix the salary of the chairman at more than

Page 4124

$750.00 per month and not more than $1,500.00 per month shall be by ordinance of the board of commissioners. (c) In addition to the salaries provided in subsections (a) and (b) of this section, each member of the board, except for the chairman, shall receive a local travel expense allowance of $2,400.00 per year. The chairman of said board may be furnished with a vehicle purchased by the county with county funds and with the necessary expenses in the operation of same, including gasoline, oil, repairs, etc.; but the chairman shall not operate said vehicle except when he is engaged solely upon business relating to county matters. When the chairman and other commissioners are away from the county but engaged in business relating to this office and in the interest of the county, they shall be reimbursed for their actual, reasonable expense while away provided the board first approves same. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly a bill to amend the act creating the Board of Commissioners of Irwin County, Georgia, approved February 16, 1933 (Ga. Laws 1933, p. 571), as amended, pursuant to resolution of the County Commissioners of Irwin County, Georgia, and for other purposes. A copy of the resolution passed by the County Board of Commissioners of Irwin County, Georgia, is as follows: BE IT RESOLVED, by the Board of Commissioners of Irwin County, Georgia, in regular meeting assembled, that State Senator Rooney L. Bowen and Representative Paul Branch be contacted and requested to introduce local legislation which would authorize the Irwin County Commissioners to set the salary for the Chairman of the Irwin County Commissioners at not less than $750.00 nor more than $1,500.00 per month, and to provide for travel expense and other related matters for said board.

Page 4125

This 5th day of February, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, Jr., who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following date: February 15, 1990. /s/ Paul S. Branch, Jr. Representative, 137th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. TIFT COUNTY BOARD OF COMMISSIONERS; SALARY. No. 847 (House Bill No. 1932). 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 compensation of the members of the board of commissioners other than the chairman; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4126

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 in its entirety subsection (b) of Section 9A and inserting in lieu thereof a new subsection (b) to read as follows: (b) The vice chairman shall be compensated in the amount of $450.00 per month payable from the funds of Tift County. Section 2. 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. Each member of said board of commissioners of Tift County other than the chairman and vice chairman shall receive as compensation a salary of $350.00 per month, and they shall receive no other compensation of any kind whatsoever. Said salary shall be paid from the funds of Tift County. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Legislation will be introduced in the regular 1990 session of the General Assembly of Georgia to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. Laws 1917, p. 396), as amended, and for other purposes. Reinhardt, Whitley Wilmot, P.C. Attorneys for Tift County AFFIDAVIT GEORGIA, TIFT COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, JAMES S. MCKEE, who on

Page 4127

oath, deposes and says that he is Publisher of The Tifton Gazette 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 January 13, 1990. January 18, 1990. /s/ James S. McKee, Publisher The Tifton Gazette Sworn to and subscribed before me, this 18 day of January, 1990: /s/ Jetty Tanner Notary Public, Tift County, Georgia My Commission Expires August 4, 1990 (SEAL) Approved March 20, 1990. CHATHAM COUNTY MAGISTRATE COURT; FILING FEES; MEDIATION SERVICE. No. 848 (House Bill No. 1933). AN ACT To amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4128

Section 1. An Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, is amended by inserting immediately following Section 9 a new Section 10 to read as follows: Section 10. (a) The judges of the Magistrate Court of Chatham County are authorized to set aside a sum not to exceed $2.00 from the initial filing fee in all civil actions, including but not limited to dispossessory actions, to fund the provision of mediation services as provided in this section. (b) Such funds shall be paid on a monthly basis, not later than two months following the month in which such funds were collected, to a nonprofit organization selected by the judges of said court for the provision of mediation services. (c) In December of 1990, and in December of every year thereafter, the judges of said court shall certify to the clerk in writing that such mediation services are being satisfactorily provided and shall specify the exact amount of the filing fee to be paid in the following year. If the judges do not so certify, the clerk shall cease all further payments. 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. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Lillie Dale Lang, to me known, who being sworn, deposes and says: That he is the Legal Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;

Page 4129

That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Feb 14, 1990, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the Georgia General Assembly, legislation affecting the filing fees and court costs of the Magistrate Court of Chatham County, and to provide for mediation services as an adjunct to the courts, and for other purposes. This the 12th day of February 1990. ROY L. ALLEN, II State Representative House District No. 127 appeared in each of said editions. /s/ Lillie Dale Lang (Deponent) Sworn to and subscribed before me this 14 day of Feb, 1990. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires April 18, 1993 (SEAL) Approved March 20, 1990.

Page 4130

CITY OF MCDONOUGH MUNICIPAL COURT; SENTENCING; PENALTIES. No. 849 (House Bill No. 1936). AN ACT To amend an Act incorporating the City of McDonough, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2980), so as to change certain provisions regarding punishment and sentencing by the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of McDonough, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2980), is amended by striking the second undesignated paragraph of Section 7A and inserting in its place the following: The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. The city is expressly authorized to contract with Henry County for the detention of city prisoners. 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 1990 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of McDonough and providing a new charter for the city, approved April 6, 1981 (Ga. L. 1981, p. 3387); and for other purposes.

Page 4131

This 22nd day of January, 1990. /s/ Wesley Dunn 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 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CHATHAM COUNTY STATE COURT; FILING FEES; MEDIATION SERVICE. No. 850 (House Bill No. 1937). 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 21, 1989 (Ga. L. 1989, p. 3876)

Page 4132

so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service; 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 Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3876), is amended by inserting immediately following Section 7A a new Section 7B to read as follows: Section 7B. (a) Beginning on the first day of the month following the effective date of this Act, the clerk of the State Court of Chatham County shall set aside the sum of $5.00 from the initial filing fee in all civil actions to fund the provision of mediation services as provided in this section. (b) Such funds shall be paid on a monthly basis, not later than two months following the month in which such funds were collected, to a nonprofit organization selected by the judges of said court for the provision of mediation services. (c) In December of 1990, and in December of every year thereafter, the judges of said court shall certify to the clerk in writing that such mediation services are being satisfactorily provided. If the judges do not so certify, the clerk shall cease all further such payments. 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. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, LILLIE DALE LANG, to me known, who being sworn, deposes and says:

Page 4133

That he is the LEGAL CLERK of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, 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 Feb 14, 1990, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the Georgia General Assembly, legislation affecting the filing fees and court costs of the State Court of Chatham County, and to provide for mediation services as an adjunct to the courts, and for other purposes. This the 12th day of February, 1990. ROY L. ALLEN, II State Representative House District No. 127 appeared in each of said editions. /s/ Lillie Dale Lang (Deponent) Sworn to and subscribed before me this 14 day of Feb, 1990. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires April 18, 1993 (SEAL)

Page 4134

Approved March 20, 1990. CITY OF BAXLEY CORPORATE LIMITS. No. 851 (House Bill No. 1949). AN ACT To amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725), so as to provide for the annexation of certain streets, roads, and highways into 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 providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725), is amended by adding at the end of Section 1.2 a new subsection (e) to read as follows: (e) The corporate limits of the City of Baxley shall also include portions of streets, roads, and highways as follows: (1) Georgia State Route 4 (U. S. Highway 1) from the Baxley City limits northerly to Ten Mile Creek; (2) Dunn's Lake Road also known as Tara Lake Road (County Road 24), from State Route 4 easterly to Ten Mile Highway; (3) All streets and roads within Tara Lake Subdivision, which subdivision is located on the south side of Dunn's Lake Road between Ben Carter Road and Ten Mile Highway, said streets including:

Page 4135

(A) Scarlett Drive; (B) Rhett Butler Drive; and (C) Pitty Pat Lane; (4) Ten Mile Highway from Dunn's Lake Road southwesterly to its intersection with State Route 144; (5) L. W. Hutchinson Road from Ten Mile Highway westerly to its termination point; (6) Manning Williams Road from Ten Mile Highway northerly to its termination point; (7) State Route 144 from the Ten Mile Highway intersection southwesterly to the City limit; (8) Ben Carter Road from the City limit northerly to Dunn's Lake Road; (9) All streets and roads within Whispering Pines Subdivision, which subdivision is located adjacent to and easterly of Ben Carter Road between the City limit and Dunn's Lake Road, said streets including: (A) Woodland Drive; (B) Wildwood Drive; (C) Palmetto Circle; and (D) Pine Burr Drive; (10) Old Ben Carter Road from State Route 144 northerly to Ben Carter Road; (11) Middlewood Drive from the City limit easterly to Old Ben Carter Road; (12) David Street from the City limit easterly to Old Ben Carter Road;

Page 4136

(13) Sanders Drive from the City limit easterly to Old Ben Carter Road; (14) Sambo Street from the City limit easterly to Ben Carter Road; (15) Suarez Road from State Route 4 southeasterly to the City limit; (16) Lewis Lane from State Route 4 westerly to Nails Ferry Road; (17) Northside Drive from Nails Ferry Road easterly and southerly to Bell Drive; (18) Ryals Street from Cook Avenue northeasterly to Northside Drive; (19) Cook Avenue from Nails Ferry Road easterly and southerly to its dead end; (20) Bell Drive from Cook Avenue easterly to State Route 4; (21) Benson Road from Nails Ferry Road easterly to State Route 4; (22) Thompson Road from Nails Ferry Road westerly to its dead end; (23) Glynn Street from Thompson Road southerly to its dead end; (24) Jerome Street from Thompson Road southerly to its dead end; (25) Nails Ferry Road from State Route 4 northwesterly to Lewis Lane; (26) State Route 27 (U. S. Highway 341) from the City limit westerly to the Georgia Power Company railroad right of way;

Page 4137

(27) Cleland Lane from State Route 27 southerly then westerly to Prentiss Road; (28) Prentiss Road from Cleland Lane southerly to Zoar Road; (29) Friendship Church Road (County Road 85) from Cleland Lane southerly across Zoar Road to County Road 84; (30) County Road 84 northeasterly then southeasterly then southerly then easterly to Patterson Road (County Road 83); (31) Sycamore Road (County Road 561) from Zoar Road southerly to County Road 84; (32) Patterson Road (County Road 83) from County Road 84 northeasterly to the City limit; (33) Bernam Street from Appling Dress Road easterly and northerly to State Route 27; (34) Tippins Street from State Route 27 southerly then easterly to the City limit; (35) Appling Dress Road from State Route 27 southerly to David Street; (36) All streets and roads within the Bassville area, which lies south of the Norfolk-Southern right of way and north of Zoar Road, said streets including: (A) David Street from Zoar Road northerly then southeasterly to Doris Street; (B) Doris Street from David Street southerly to Zoar Road; (C) Wyatt Street Circle from Doris Street easterly and then southerly to Zoar Road;

Page 4138

(D) Glynn Street from Wyatt Street Circle easterly to Brown Street; (E) Brown Street from the Norfolk Southern Railroad right-of-way southerly to Zoar Road; (F) Henry Street Circle from Brown Street easterly to Cook Street; (G) Sellers Street from Henry Street northerly to its dead end; and (H) Cook Street from Norfolk Southern Railroad right-of-way southerly to Zoar Road; (37) Zoar Road from the City limit westerly to Prentiss Road; (38) County Farm Road from the City limit southwesterly to Sweetwater Creek; (39) Woodlawn Church Road (also known as Griffin Street) from County Farm Road southeasterly to State Route 4; (40) Second Avenue from Woodlawn Church Road southwesterly to Johns Lane; (41) Johns Lane from County Farm Road southeasterly to State Route 27; (42) Thomaston Street from County Farm Road southeasterly to First Avenue; (43) Gail Street from County Farm Road southeasterly to First Avenue; (44) First Avenue from State Route 4 circling westerly then southerly then easterly back to State Route 4; (45) Oakdale Circle (County Road 90) from County Farm Road southeasterly to State Route 4;

Page 4139

(46) State Route 4 from the City limit southerly to Sweetwater Creek; (47) Stockyard Road (also County Road 90) from State Route 4 easterly to State Route 15; (48) Satilla Church Road, known in part as Forest Avenue, from State Route 15 southerly to Sweetwater Creek; (49) All streets and roads within Pine Forest Subdivision, which subdivision lies southerly of Stockyard Road and westerly of State Route 15, including: (A) Forest Avenue; (B) Cypress Drive; (C) Pineview Avenue; (D) Oak Cliff Street; and (E) Forest Drive; (50) Wanda Road from State Route 15 westerly to its termination point; (51) State Route 15 from the City limit southerly to County Road 189; (52) Oakridge Road (County Road 200) from State Route 15 easterly then northerly to Brandon Street; (53) All streets and roads located within Oakridge Subdivision, which subdivision is located on the east side of Oakridge Road and lies northerly of what is known as the Miles Moody property, said streets including: (A) Brandon Street; (B) Andrea Street; (C) Glenn Drive; and

Page 4140

(D) All unnamed streets and roads located within this subdivision; (54) Old Blackshear Road, also known as Lott Road, from Oak Ridge Road northerly to Hoke Floyd Road; (55) Hoke Floyd Road from City Circle Road southwesterly to State Route 15; (56) City Circle Road from State Route 15 northeasterly to the City limit; (57) Poor Robin Road from the City limit southeasterly to County Road 200; (58) County Road 200, this portion known as Pine Street Extension, from Poor Robin Road northerly to the City limit; (59) Harry Street from Pine Street Extension easterly to Jekyll Road; (60) Lawanna Street from Harry Street northerly to Jekyll Road; (61) Jekyll Road from the City limit southeasterly to Hundreds Road; (62) Hundreds Road from Jekyll Road easterly then northerly to State Route 27; (63) State Route 27 (U. S. Highway 341) from the City limit easterly to County Road 314; and (64) All streets and roads within Alpine Subdivision, which subdivision is located northerly of State Route 27 and southerly of State Route 144, said streets including: (A) Alpine Drive; (B) Tina Street; (C) Harris Circle;

Page 4141

(D) Hoff Street; (E) Ford Street; (F) Janis Street; (G) Jean Street; and (H) Cadillac Circle. 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 1990 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Baxley, approved April 13, 1982 (Ga. L. 1982, p. 4725), as amended, so as to change the provisions relative to the terms of office and election of members of the City Council; and for other purposes. This 8th day of February, 1990. Honorable Lundsford Moody Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following date: February 8, 1990. /s/ Lundsford Moody Representative, 153rd District

Page 4142

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. APPLING COUNTY BOARD OF COMMISSIONERS; TERMS; REFERENDUM. No. 852 (House Bill No. 1950). AN ACT To amend an Act creating a Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), so as to provide for staggered terms for the members of the board of commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642), is amended by designating the present language of Section 3 as subsection (a) of Section 3 and by adding at the end of Section 3 a new subsection (b) to read as follows:

Page 4143

(b) In order to stagger the terms of members of the Board of Commissioners of Appling County, the terms of office for the member from Commissioner District Number 1 and the member from Commissioner District Number 3 and the Chairman of the Board of Commissioners elected at the general election of 1992 shall be two years. Thereafter, beginning with the general election of 1994, the terms of such Commissioners and Chairman shall revert back to four years each. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the same date as the 1990 general election 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 Appling County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for staggered terms of office of members of the Board of Commissioners of Appling 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 Appling County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4144

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a Bill to amend an Act creating a Board of Commissioners of Appling County approved February 12, 1945 (Ga. L. 1945, p. 650) as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4642) so as to provide for staggered terms for the Board of Commissioners; to provide for an effective date; and to repeal conflicting laws. This 25th day of January, 1990. Honorable Lunsford Moody Representative, 153rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following date: February 1, 1990. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4145

TOWN OF EAST DUBLIN NAME CHANGED TO CITY OF EAST DUBLIN. No. 853 (House Bill No. 1952). AN ACT To amend an Act providing a new charter for the Town of East Dublin, approved April 19, 1981 (Ga. L. 1981, p. 4645), as amended, so as to change the corporate name of the Town of East Dublin to the City of East Dublin; to repeal conflicting laws; and for other purposes. BE IT ENACTED BNY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the Town of East Dublin, approved April 19, 1981 (Ga. L. 1981, p. 4645), as amended, is amended by striking from said Act wherever the same shall appear the words Town of East Dublin and inserting in lieu thereof the words City of East Dublin, and by striking from said Act wherever the same shall appear the word town and inserting in lieu thereof the word city, so that said town shall hereafter be known as the City of East Dublin. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be intorduced inthe 1990 regular session of the General Assembly of Georgia, a bill to amend the Charter of the Town of East Dublin, Georgia, by deleting the word Town and inserting the word City to provide for an effective date; to repeal conflicting laws, and for other purposes. WILLIAM L. TRIBBLE Attorney for East Dublin, Georgia 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

Page 4146

Local Legislation was published in the Courier Herald which is the official organ of Laurens County, on the following date: January 27, 1990. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF FITZGERALD HOMESTEAD EXEMPTION; REFERENDUM. No. 854 (House Bill No. 1955). AN ACT To provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older; to provide procedures; to provide for all matters relative to the foregoing; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term homestead means such term as defined in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of the City of Fitzgerald, Georgia, who is 65 years of age or older is granted an exemption on that

Page 4147

person's homestead from all City of Fitzgerald ad valorem taxes, except taxes levied for City of Fitzgerald school purposes, 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 Fitzgerald 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 O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. Section 4. The exemptions granted by this Act shall not apply to or affect any county school taxes, state taxes, county taxes for county purposes, or city taxes levied for school purposes. Section 5. The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1990, and all subsequent taxable years. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Fitzgerald 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 Fitzgerald for approval or rejection. The election superintendent shall call and conduct an election as provided by law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ben Hill County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing a $10,000.00 homestead exemption from City of Fitzgerald 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

Page 4148

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 December 31, 1990. The expense of such election shall be borne by the City of Fitzgerald. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for a $10,000.00 homestead exemption from all ad valorem taxes of the City of Fitzgerald, except taxes levied for city school purposes, for individuals 65 years of age or older; to provide procedures; to provide for applicability; to provide for a referendum; to provide effective date; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Gerald H. Thompson, Mayor, City of Fitzgerald GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, Jr., who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Leader which is the official organ of Ben Hill County, on the following date: January 31, 1990. /s/ Paul S. Branch, Jr. Representative, 137th District

Page 4149

Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CARROLL COUNTY BOARD OF EDUCATION; DISTRICTS. No. 855 (House Bill No. 1963). AN ACT To amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to change the education districts of said school district; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, is amended by striking subsection (h) of Section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) For purposes of the election of members of the board of education as provided in this section, the Carroll County

Page 4150

School District is divided into six education districts as follows: Education District No. 1 Carroll Tract 9901 Block 101 That part of Block 102 north of the Little Tallapoosa River Block Groups 2 and 3 Blocks 401 through 425, 428 through 434, and 442 through 444 Education District No. 2 Carroll Tract 9901 That part of Block 102 south of the Little Tallapoosa River Blocks 103 through 105 Blocks 426, 427, and 435 through 441 Tract 9902 Blocks 101 through 103 Blocks 305 through 307, 319, and 320 Tract 9903 Block Groups 1 through 3 Block 501 That part of Block 502 north of an unnamed branch which serves as the boundary between the Temple and Central Point Voting Precincts Blocks 503 through 513 That part of Block 514 outside the City of Carrollton Block 516 That part of Block 517 outside the City of Carrollton Blocks 518 through 521 Tract 9904 Blocks 301 through 303 That part of Block 309 outside the City of Carrollton

Page 4151

Education District No. 3 Carroll Tract 9903 Block Group 4 Tract 9904 Block 101 That part of Block 102 east of Turkey Creek Blocks 103 through 116 That part of Block 117 east of Turkey Creek Blocks 118 through 127 Block Group 2 That part of Block 304 outside the City of Carrollton Blocks 305 and 306 Those parts of Blocks 307, 308, and 311 through 317 outside the City of Carrollton Block 318 That part of Block 319 outside the City of Carrollton Blocks 320 through 328 That part of Blocks 329 and 330 outside the City of Carrollton Those parts of Blocks 402, 403, and 435 outside the City of Carrollton Blocks 436 through 439, 444, and 445 Tract 9905 Blocks 301 through 317 Those parts of Blocks 318 and 319 east of Garrett Creek Blocks 357 and 358 Block 501 Education District No. 4 Carroll Tract 9904 Those parts of Blocks 102 and 117 west of Turkey Creek Tract 9905 Blocks 101 through 108

Page 4152

Block Group 2 Those parts of Blocks 318 and 319 west of Garrett Creek Blocks 320 through 356 Block Group 4 Blocks 502 through 537 Education District No. 5 Carroll Tract 9906 Block Group 1 That part of Block 201 outside the City of Carrollton Block 202 That part of Block 203 outside the City of Carrollton Blocks 204 through 216 That part of Block 349 outside the City of Carrollton That part of Block 401 outside the City of Carrollton Blocks 402 through 414 and 416 through 421 That part of Block 422 outside the City of Carrollton Tract 9907 Block 201 That part of Block 202 outside the City of Carrollton Blocks 203 through 231 Block Group 3 Blocks 404 and 405 That part of Block 440 west of Central of Georgia Railroad Blocks 441 and 442 That part of Block 443 west of Cartbody Creek That part of Block 446 west of Central of Georgia Railroad and north of an unnamed branch which serves as the boundary between the Clem and Whitesburg Voting Precincts

Page 4153

That part of Block 449 west of the unnamed branch which serves as the boundary between the Lowell and Whitesburg Voting Precincts Block 450 Education District No. 6 Carroll Tract 9902 Blocks 104 through 110 Those parts of Blocks 111 and 112 outside the City of Carrollton Blocks 113 through 129 That part of Block 130 outside the City of Carrollton That part of Block 202 outside the City of Carrollton Blocks 301 through 304, 308 through 318, and 321 through 345 Tract 9903 That part of Block 502 south of an unnamed branch which serves as the boundary between the Temple and Central Point Voting Precincts That part of Block 515 outside the City of Carrollton Block 522 Tract 9907 Blocks 401 through 403 and 406 through 439 That part of Block 440 east of Central of Georgia Railroad That part of Block 443 west of Cartbody Creek Blocks 444 and 445 That part of Block 446 east of Central of Georgia Railroad and south of an unnamed branch which serves as the boundary between the Clem and Whitesburg Voting Precincts

Page 4154

Blocks 447 and 448 That part of Block 449 east of an unnamed branch which serves as the boundary between the Lowell and Whitesburg Voting Precincts Blocks 451 through 454 Block Group 5 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 1990 session of the General Assembly of Georgia a bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended; to provide for related matters; and for other purposes. This 2nd day of February, 1990. /s/ John Simpson, Honorable 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: 2-8

Page 4155

Sworn to on this 20th day of February, 1990 /s/ Frank Lister Publisher Sworn to and subscribed before me this 20th day of February, 1990 /s/ Norma Blinn Notary Public MY COMMISSION EXPIRES JAN 7, 1994 (SEAL) Approved March 20, 1990. PEACH COUNTY BOARD OF EDUCATION; ELECTION; TERMS; REFERENDUM. No. 856 (House Bill No. 1970). AN ACT To provide for the Board of Education of Peach County; to provide for election of the members; to provide for terms; to provide for compensation; to provide for training for a new chairman and new board members; to provide for other matters relative to the foregoing; 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. (a) The members of the board of education appointed by the grand jury of Peach County pursuant to an Act approved March 13, 1970 (Ga. L. 1970, p. 2647), who are in office January 1, 1993, shall continue to serve for the remainder of the terms for which they were appointed, provided that the chairman shall continue to serve as chairman until December 31, 1994, notwithstanding

Page 4156

that the term of the chairman is scheduled to expire prior to such time and provided, further, that the terms of all other such appointed members shall expire and terminate not later than December 31, 1994. Any position filled by appointment on or after January 1, 1991, shall be for a term to expire December 31, 1994. The positions of any appointed members which become vacant on or after January 1, 1993, shall not be filled. (b) On the first Tuesday following the second Monday in November, 1992, and quadrennially thereafter, a Board of Education of Peach County shall be elected from five education districts to be concurrent with the five commissioner districts of Peach County as they exist on the effective date of this Act. The elected board of education shall take office January 1, 1993, as follows: the members elected from Education Districts 2, 4, and 5 shall serve for initial terms of two years and until their successors are elected and qualified, and the members elected from Education Districts 1 and 3 shall serve for initial terms of four years and until their successors are elected and qualified. (c) From January 1, 1993, until December 31, 1994, the Board of Education of Peach County shall be composed of the five elected members and those appointed members continuing in office pursuant to subsection (a) of this section. On and after January 1, 1995, the Board of Education of Peach County shall be composed of the five elected members. Section 2. (a) Candidates offering for election to the 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 for at least one year immediately preceding the date of election. If members of the board move their residences from the education districts they represent or, in the case of the chairman, from the county, their respective positions on the board shall become vacant. Candidates shall be elected by a majority of the qualified electors voting within their respective districts, except that the candidate for District 5 shall be elected by a majority of all the qualified electors of the Peach County School District. The board shall elect a chairman from among its members at the first meeting after taking office. The chairman shall serve for a term of two years.

Page 4157

(b) 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. (c) All members shall be elected for and shall serve for terms of four years and until their successors are elected and qualified. Section 3. The manner of filling vacancies on the board and the quorum, duties, and powers of the board shall be as provided in Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education. Section 4. The compensation of the members of the Board of Education of Peach County shall be $100.00 per meeting for each day of attendance at meetings of the board. Members shall also be entitled to reimbursement for actual expenses necessarily incurred in connection with their official duties. Section 5. All newly elected members of the board of education shall complete eight hours of education regarding state education law; the policies, rules, and regulations of the State Board of Education; the duties, powers, and responsibilities of a local board of education; and any other such information as the existing board shall deem necessary; provided, however, that the chairman shall complete 12 hours of education. The board of education shall biennially review such training program and update it accordingly. All members shall receive the same compensation for attending such training sessions as for regular meetings of the board. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Peach County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Peach County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 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

Page 4158

date thereof in the official organ of Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of a Board of Education of Peach County and the holding over for two years of the appointed board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following election date. The expense of such election shall be borne by Peach County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7. An Act approved March 13, 1970 (Ga. L. 1970, p. 2647), is repealed in its entirety on the effective date of this Act, except that for purposes of any appointment authorized by subsection (a) of Section 1 of this Act, Section 1 of said Act shall be repealed December 31, 1992. Section 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for an elected Board of Education of Peach County and to repeal an Act approved March 13, 1970 (Ga. L. 1970, p. 2647); to repeal conflicting laws; and for other purposes. This 14th day of February, 1990.

Page 4159

Robert Ray, State Representative 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 14, 1990. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF SOCIAL CIRCLE HOMESTEAD EXEMPTION; DISABLED RESIDENTS; REFERENDUM. No. 857 (House Bill No. 1975). AN ACT To provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum.

Page 4160

and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the real property included in the homestead shall not exceed one acre. (2) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except that such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2. For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The governing authority of the City of Social Circle or its designee shall require appropriate proof of such disability, including, if necessary, the affidavits of not more than two licensed physicians as to the person's disability. Section 3. Each resident of the Social Circle School District who is totally disabled is granted an exemption on that person's homestead from all Social Circle School District ad valorem taxes in the amount of $20,000.00, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $15,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation.

Page 4161

Section 4. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes, but shall only apply to ad valorem taxes for educational purposes levied by, for, or on behalf of the Social Circle School District, including but not limited to taxes to retire school bond indebtedness. Section 5. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Social Circle School District ad valorem taxes levied for educational purposes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Social Circle shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Social Circle School District for approval or rejection. The election superintendent shall conduct that election on the date of the primary election in July, 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 Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Social Circle School District ad valorem taxes for educational purposes in the amount of $20,000.00 to certain residents of that school district who are disabled and whose annual incomes do not exceed $15,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections

Page 4162

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 Social Circle. 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 1990 session of the General Assembly of Georgia a bill to amend an Act approved March 24, 1988 (Ga. L. 1988, p. 4710), so as to change the amount of the homestead exemption from Walton County School District ad valorem taxation for educational purposes for persons age 65 or older and to change the maximum allowable income for such persons; to provide for a referendum; to repeal conflicting laws; and for other purposes. The 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District

Page 4163

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF MONROE MAYOR; COUNCILMEMBERS; ELECTION; TERMS. No. 858 (House Bill No. 1972). AN ACT To amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers; to provide for terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to reincorporate 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 2.03 in its entirety and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of Mayor and Councilmembers. Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the Tuesday next following the first Monday in November, 1991, and on said day every two years thereafter, a general

Page 4164

election shall be held for mayor whose term of office is expiring. The candidate for mayor who receives a majority of votes cast in said election shall be elected for a term of office of two years and until his successor is duly elected and qualified. On the Tuesday next following the first Monday in November, 1991, and on said day every four years thereafter, a general election shall be held for the three councilmembers whose terms of office are expiring. The three candidates for councilmember who receive a majority of votes cast in their respective elections shall be elected for terms of office of four years each and until their successors are duly elected and qualified. The three councilmembers to be elected in November of 1991 and every four years thereafter shall be for the seat from Ward 1, for the seat from Ward 4, and for the Post 1 at-large seat. All the territory embraced in the City of Monroe, lying south of Washington Street (if extended) to Wilkins Street (if extended) to Foster Street (if extended) to the city limits and east of Midland Avenue and the Georgia Railroad Main Track shall be known as Ward 1. All the territory east of Broad Street and north of Washington Street (if extended) to Foster Street (if extended) to the city limits shall be known as Ward 4. On the Tuesday next following the first Monday in November, 1990, a general election shall be held for the four councilmembers whose terms of office are expiring. The three candidates for councilmember in said election for the seat from Ward 2, the seat from Ward 3, and the Post 2 at-large seat who receive a majority of votes cast in their respective elections shall be elected for terms of office of three years each and until their successors are duly elected and qualified. The candidate for councilmember from Ward 4 in said election who receives a majority of votes cast in the respective election shall be elected for a term of office of one year and until his successor is duly elected and qualified. The four councilmembers to be elected in November, 1990, shall be for the seat from Ward 2, the seat from Ward 3, the seat from Ward 4, and for the Post 2 at-large seat. On the Tuesday next following the first Monday in November, 1993, and on said date every four years thereafter, a general election shall be held for the three councilmembers whose terms of office are expiring. The three candidates for

Page 4165

councilmember in said election who receive a majority of votes cast in their respective elections shall be elected for terms of office of four years each and until their successors are duly elected and qualified. The three councilmembers to be elected in November of 1993 shall be for the seat from Ward 2, the seat from Ward 3, and for the Post 2 at-large seat. All the territory south of Washington Street and east of Broad Street and south of McDaniel Street and west of Midland Avenue and the Georgia Railroad Main Track shall be known as Ward 2. All the territory north of McDaniel Street and west of Broad Street shall be known as Ward 3. Candidates for ward seats must live in the ward which they seek to represent, but all elections shall be at large. Candidates shall designate the ward or post seat for which they are running. In instances in which no candidate receives a majority of the votes cast, a run-off election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the day of holding the first election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first election shall be entitled to vote in any run-off election resulting therefrom. The run-off election shall be a continuation of the first election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first election shall be counted. No write-in votes may be cast in a run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such election to fill the nomination or public office he seeks shall be declared the winner. Section 2. Said Act is further amended by striking Section 2.04 in its entirety and inserting in lieu thereof a new Section 2.04 to read as follows: Section 2.04. Terms of Office. The terms of office of mayor and councilmen shall begin on the first day of January

Page 4166

next succeeding the election and shall continue until their successors are elected and qualified. The terms of office of the mayor and councilmembers shall be as provided in Section 2.03. 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 1990 session of the General Assembly of Georgia a bill to amend an Act approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, reincorporating the City of Monroe, so as to change the date of municipal elections; to provide for election of a mayor and councilmembers; to provide for related matters; and for other purposes. This 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District

Page 4167

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COBB COUNTY SHERIFF; CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; EXECUTIVE ASSISTANT; SALARY. No. 859 (House Bill No. 1967). 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 assistant to 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 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:

Page 4168

Section 5. (a) The salary of the sheriff of Cobb County shall be $70,506.00 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 $56,696.70 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten

Page 4169

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 $55,439.16 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 position of executive assistant. The salary of the executive assistant shall be $33,640.80 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 1990 session of the General Assembly of Georgia, a bill to amend an Act relating to the Sheriff, the Judge of Probate Court of Cobb County, Clerk of the Superior Court of Cobb County and their employees, approved February 9, 1949 (Ga. L. 1949, p. 436), as amended, and for other purposes. This 29th day of December, 1989.

Page 4170

/s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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, 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: December 29, 1989. /s/ Gresham Howren Representative, 20th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4171

CITY OF SOCIAL CIRCLE SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 860 (House Bill No. 1976). AN ACT To provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term: (1) General law exemption means that homestead exemption from state and county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. to persons 65 years of age or over. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the real property included in the homestead shall not exceed one acre. (3) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except that such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income.

Page 4172

Section 2. Each resident of the Social Circle School District who is 65 years of age or over is granted an exemption on that person's homestead from all Social Circle School District ad valorem taxes in the amount which is the greater of $20,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $15,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The governing authority of the City of Social Circle or its designee shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the net income of the owner and that person's spouse who occupies and resides at the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4. Any person who has applied for and been granted for 1989 the general law exemption from Social Circle ad valorem taxes shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the governing authority of the City of Social Circle or its designee in the event that person for any reason becomes ineligible for the exemption granted by this Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes, but shall only apply to ad valorem taxes for educational purposes levied by, for, or on behalf of the Social Circle School District, including but not limited to taxes to retire school bond indebtedness. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Social Circle School District ad valorem taxes levied for educational purposes.

Page 4173

Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 8. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Social Circle shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Social Circle School District for approval or rejection. The election superintendent shall conduct that election on the date of the July, 1990, 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 Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Social Circle School District ad valorem taxes for educational purposes in the amount of $20,000.00 to certain residents of that school district who are 65 years of age or older and whose annual incomes do not exceed $15,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

Page 4174

The expense of such election shall be borne by the City of Social Circle. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from Social Circle School District ad valorem taxation for educational purposes for disabled persons and persons age 65 or older with certain annual incomes; to provide for a referendum; and for other purposes. This 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District

Page 4175

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF ASHBURN MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS. No. 861 (House Bill No. 1979). AN ACT To amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, approved April 9, 1981 (Ga. L. 1981, p. 4404), so as to provide that the mayor and councilmembers shall serve for two-year terms; to provide for elections; 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 amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, approved April 9, 1981 (Ga. L. 1981, p. 4404), is amended by striking in its entirety Section 2.2 and inserting in lieu thereof a new Section 2.2 to read as follows: Section 2.2. Terms of office; election day. Notwithstanding the provisions of Code Section 21-3-63 of the O.C.G.A., the mayor and all councilmembers shall be elected for two-year terms and shall take office on the first day in January immediately

Page 4176

succeeding their election and serve until their successors are elected and qualified. Section 2. Said Act is further amended by striking in its entirety Section 3.7 and inserting in lieu thereof a new Section 3.7 to read as follows: Section 3.7. Time of election of councilmembers. On the Tuesday next following the first Monday in November of every year, an election shall be held to elect the successors of the councilmembers whose terms expire in that year for two-year terms as provided in Section 2.2 of this charter. Section 3. Said Act is further amended by striking in its entirety Section 3.8 and inserting in lieu thereof a new Section 3.8 to read as follows: Section 3.8. Time of election of mayor. An election shall be held on the Tuesday next following the first Monday in November of each even-numbered year to elect a mayor for a two-year term as provided in Section 2.2 of this charter. 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 1990 session of the General Assembly of Georgia a bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, approved April 9, 1981 (Ga. L. 1981, P. 4404); and for other purposes. This 15th day of February, 1990. Mayor and City Council City of Ashburn

Page 4177

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 15, 1990. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. ROCKDALE COUNTY PROBATE COURT; JUDGE; SALARY. No. 862 (House Bill No. 1981). AN ACT To amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4178

Section 1. An Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The judge of the probate court shall receive an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District

Page 4179

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. ROCKDALE COUNTY SHERIFF; SALARY. No. 863 (House Bill No. 1985). AN ACT To amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4180

Section 1. An Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. 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 1990 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District,

Page 4181

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 16, 1990. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. WORTH COUNTY BOARD OF COMMISSIONERS; VACANCIES. No. 864 (House Bill No. 1987). AN ACT To amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved March 12, 1935 (Ga. L. 1935, p. 842), so as to change the method of filling vacancies on such board; 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 Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved March 12, 1935 (Ga. L. 1935, p. 842), is

Page 4182

amended by striking in its entirety Section 6 and inserting in lieu thereof a new Section 6 to read as follows: Section 6. All vacancies on said board, occurring from death, resignation, or otherwise shall be filled in the manner provided by general law. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended; and for other purposes. This 15th day of February, 1990. Board of Commissioners of Worth County, Georgia Worth 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 Sylvester Local News which is the official organ of Worth County, on the following date: February 15, 1990. /s/ Ray Holland Representative, 136th District

Page 4183

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. ROCKDALE COUNTY TAX COMMISSIONER; SALARY. No. 865 (House Bill No. 1989). AN ACT To amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, so as to change the provisions relating to the salary 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 Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The tax commissioner of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy

Page 4184

and four full-time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District

Page 4185

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. ROCKDALE COUNTY SUPERIOR COURT; CLERK; SALARY. No. 866 (House Bill No. 1990). AN ACT To amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The clerk of the Superior Court of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or

Page 4186

expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. 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 1990 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District

Page 4187

Sworn to and subscribed before me, this 21st day of February, 1990, /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. LEE COUNTY SHERIFF; DEPUTIES. No. 867 (House Bill No. 1992). 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 March 30, 1989 (Ga. L. 1989, p. 4356), 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 March 30, 1989 (Ga. L. 1989, p. 4356), is amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The Sheriff of Lee County shall be authorized to appoint a number of deputies to be determined by the governing authority of Lee County, but in no event shall fewer than 12 deputies be approved by the governing authority of Lee County. Compensation for deputies of the Sheriff of Lee

Page 4188

County shall be in an amount to be determined by the governing authority of Lee County and 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 given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill 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, so as to change a certain provision relating to the employment of deputies; to repeal conflicting laws; and for other purposes. This 9th day of February, 1990. William E. Cannon, Jr. County Attorney 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 Lee County Ledger which is the official organ of Lee County, on the following date: February 15, 1990. /s/ Ray Holland Representative, 136th District

Page 4189

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COBB COUNTY JUVENILE COURT; JUDGE; SALARY. No. 868 (House Bill No. 1994). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4839), so as to change the compensation of said judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4839), 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 $62,000.00, to be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full time to the duties of his office and shall not engage in the private practice of law.

Page 4190

Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia, a bill to amend an Act fixing the compensation of the Judge of Juvenile Court of Cobb County, Georgia, approved July 17, 1969 (Ga. L. 1969, p. 360), as amended; and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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, Thomas E. Wilder, 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

Page 4191

which is the official organ of Cobb County, on the following date: December 29, 1989. /s/ Thomas E. Wilder, Jr. Representative, 21st District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. BANKS COUNTY CORONER; SALARY. No. 869 (House Bill No. 1997). AN ACT To amend an Act providing a salary for the coroner of Banks County, approved March 23, 1977 (Ga. L. 1977, p. 3903), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a salary for the coroner of Banks County, approved March 23, 1977 (Ga. L. 1977, p. 3903), 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 coroner of Banks County shall receive a salary of $100.00 per month, payable by the governing authority of Banks County out of the funds of Banks County.

Page 4192

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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a salary for the coroner of Banks County, approved March 23, 1977 (Ga. L. 1977, p. 3903), so as to change the compensation of the coroner; and for other purposes. This 23rd day of January, 1990. AFFIDAVIT OF PUBLICATION I, Herman Buffington, Publisher of The Banks County News, do hereby certify that the copy of the advertisement on the salary of the Coroner, appeared in The Banks County News, Homer, Georgia on Feb. 7, 1990. /s/ Herman Buffington, Publisher Subscribed and sworn to before me, this 12th day of February, 1990. /s/ Sharon E. Hogan Notary Public, Jackson County, Georgia. My Commission Expires April 17, 1993 (SEAL) Approved March 20, 1990.

Page 4193

TOWN OF EAST DUBLIN MAYOR; COUNCILMEMBERS; ELECTION; DISTRICTS. No. 870 (House Bill No. 1999). AN ACT To amend an Act providing a new charter for the Town of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large; to provide for the election of the mayor by majority vote; to provide a land description for each 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 providing a new charter for the Town of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, is amended by striking Section 5.11 in its entirety and inserting in lieu thereof a new Section 5.11 to read as follows: Section 5.11. Municipal elections. (a) Two councilmembers shall be elected by the voters of the city at large, one from Post 1 and one from Post 2. The two candidates receiving the majority of votes shall be declared elected councilmembers at large. Three councilmembers shall be elected from three council districts to be designated District 1, District 2, and District 3. In all district elections the candidate receiving the majority of votes shall be declared elected. Any candidate for the office of councilmember shall designate at the time of qualifying for election that council district, if any, for which such person is offering. A candidate must be a resident of the district for which he is offering. (b) The mayor shall be elected by majority vote and must be a resident of the Town of East Dublin. (c) All persons elected councilmembers and the person elected mayor shall be elected for four-year terms.

Page 4194

(d) The three council districts for the Town of East Dublin shall be as follows: LEGAL DESCRIPTION FOR DISTRICT 1 OF EAST DUBLIN, GEORGIA All that tract or parcel of land situate, lying and being in East Dublin in the 52nd G.M. District of Laurens County, Georgia, being more particularly described as follows: BEGINNING at a point on the East Dublin Corporate limits formed by the intersection of Hill Street with Buckeye Road; thence proceeding in a Southeasterly direction along Hill Street to its terminus; thence proceeding in a Southeasterly direction across undeveloped land to the reopening of Hill Street and along said Hill Street to its intersection with Frances Street; thence proceeding in a Northeasterly direction along the center line of Frances Street to the intersection of Frances Street with Gateway Drive; thence proceeding in a southeasterly direction along the center line of Gateway Drive to a point where a branch or stream flows into Cordell lake; thence turning and proceeding in a Southwesterly direction along the run of the branch located in said lake, and from said run of the branch arcing in an Easterly direction so as to come to a point located on Jordan Street where the run of the branch crosses Jordan Street; thence proceeding in a Southwesterly direction along the center line of Jordan Street to the intersection of Jordan Street with Central Drive (also known as U.S. Highway 319 and 80); thence proceeding in a Southwesterly direction along the center line of Central Drive to the intersection of Central Drive with Noble Street;

Page 4195

thence proceeding in a Southeasterly direction along the center line of Noble Street in a Southwesterly direction in a straight line to the right-of-way of the Seaboard Coastline Railroad; thence proceeding in a Southwesterly direction along the right-of-way of the Seaboard Coastline Railroad the distance to the Oconee River and the East Dublin Corporate Limits; thence proceeding in a Northerly direction following the East Dublin Corporate Limits located on the Oconee River to the intersection of the East Dublin Corporate Limits and the Oconee River; thence proceeding in a Northeasterly direction along the East Dublin Corporate Limits to the intersection of the East Dublin Corporate Limits with the Buckeye Road; thence proceeding in a Northerly direction along the center line of the Buckeye Road to the intersection of the Buckeye Road with Hill Street and the POINT OF BEGINNING. LEGAL DESCRIPTION FOR DISTRICT 2 OF EAST DUBLIN, GEORGIA All that tract or parcel of land situate, lying and being in East Dublin in the 52nd G.M. District of Laurens County, Georgia, being more particularly described as follows: BEGINNING at a point on the East Dublin Corporate Limits formed by the intersection of Hill Street with Buckeye Road; thence proceeding in a Southeasterly direction along Hill Street to its terminus; thence proceeding in a Southeasterly direction across undeveloped land to the reopening of Hill Street and along said Hill Street to its intersection with Frances Street;

Page 4196

thence proceeding in a Northeasterly direction along the center line of Frances Street to the intersection of Frances Street with Gateway Drive; thence proceeding in a Southeasterly direction along the center line of Gateway Drive to a point where a branch or stream flows into Cordell Lake; thence turning and proceeding in a Southwesterly direction along the run of the branch located in said Lake, and from said run of the branch arcing in an Easterly direction so as to come to a point located on Jordan Street where the run of the branch crosses Jordan Street; thence proceeding in a Southwesterly direction along the center line of Jordan Street to the intersection of Jordan Street with Central Drive (also known as U.S. Highway 319 and 80); thence proceeding in a Southwesterly direction along the center line of Central Drive to the intersection of Central Drive with Noble Street; thence proceeding in a Southeasterly direction along the center line of Noble Street in a southwesterly direction in a straight line to the right-of-way of the Seaboard Coastline Railroad; thence proceeding in a Northeasterly direction along the center line of the Seaboard Coastline Railroad to the intersection of said railroad with Soperton Road; thence proceeding in a Southeasterly direction along Soperton Road (also known as Ga. SR 29) to its intersection with Coleman Avenue (also known as Ga. SR 199); thence proceeding in a Southeasterly direction along Coleman Avenue to its intersection with the East Dublin Corporate Limits and Keen Street; thence proceeding in a Northeasterly direction along the center line of Keen Street and the East Dublin Corporate

Page 4197

Limits to a point at the intersection of Soperton Road and the East Dublin Corporate Limits; thence proceeding in a Southeasterly direction along Soperton Road to the intersection of Soperton Road with the East Dublin Corporate Limits; thence proceeding in a Northeasterly direction along the East Dublin Corporate Limits to another intersection of the East Dublin Corporate Limits with Seaboard Coastline Railroad; thence proceeding in a Northwesterly direction along the center line of the Seaboard Coastline Railroad to the next intersection of the East Dublin Corporate Limits with the Seaboard Coastline Railroad; thence proceeding in a Northwesterly direction along the East Dublin Corporate Limits to the intersection of the East Dublin Corporate Limits with Savannah Avenue; thence proceeding in a Northwesterly direction across said intersection continuing along the East Dublin Corporate Limits to the intersection of the East Dublin Corporate Limits with Wrightsville Avenue (also known as U.S. Highway 319); thence proceeding in a Northeasterly direction continuing along the center line of Wrightsville Avenue to the intersection formed by Wrightsville Avenue and the East Dublin Corporate Limits and Morgan Road; thence proceeding in a Northwesterly direction along the center line of Morgan Road to the intersection of Morgan Road and the East Dublin Corporate Limits; thence proceeding in a Southwesterly direction along the East Dublin Corporate Limits to the intersection formed by the East Dublin Corporate Limits and Buckeye Road; thence proceeding in a Southwesterly direction along the center line of Buckeye Road and the East Dublin Corporate

Page 4198

Limits to their intersection with Hill Street and the POINT OF BEGINNING. LEGAL DESCRIPTION FOR DISTRICT 3 OF EAST DUBLIN, GEORGIA All that tract or parcel of land situate, lying and being in East Dublin in the 52nd G.M. District of Laurens County, Georgia, being more particularly described as follows: BEGINNING at the intersection formed by the East Dublin Corporate Limits and Coleman Avenue and thence proceeding in a Northwesterly direction along the center line of Coleman Avenue to the intersection of Coleman Avenue and Soperton Avenue; thence proceeding in a Southwesterly direction along the center line of Soperton Avenue (also known as Georgia Highway 29) to the intersection of Soperton Avenue with the Seaboard Coastline Railroad; thence proceeding in a Southwesterly direction along the center line of the right-of-way of the Seaboard Coastline Railroad to the intersection formed by the Seaboard Coastline Railroad (formerly known as Central of Georgia Railroad) with the East Dublin Corporate Limits; thence proceeding in a Southeasterly direction along the East Dublin Corporate Limits to the intersection of the East Dublin Corporate Limits with Oakwood Drive; thence proceeding in a Northeasterly direction along the center line of Oakwood Drive and the East Dublin Corporate Limits to a point where the East Dublin Corporate Limits Line turns and runs West and crosses Elm Street; thence proceeding in a Northwesterly direction and continuing along the East Dublin Corporate Limits Line to the intersection of the East Dublin Corporate Limits with the center line of Coleman Avenue and the POINT OF BEGINNING.

Page 4199

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 is hereby given that there will be introduced in the 1990 regular session of the General Assembly of Georgia, a bill to amend the Charter of the Town of East Dublin, Georgia, changing the method of election of councilpersons from five (5) at-large seats, by providing for the election of three (3) councilpersons from districts and the election of two (2) at-large; to provide for an effective date; to repeal conflicting laws; and for other purposes. WILLIAM L. TRIBBLE Attorney for East Dublin, Georgia 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 27, 1990. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4200

CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH MEMBERS. No. 871 (House Bill No. 2005). AN ACT To amend an Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), so as to change the membership of the commission; to change the date on which the commission is abolished; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), is amended by striking paragraph (2) of subsection (a) of Section 2 and inserting in its place a new paragraph (2) to read as follows: (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, a physician appointed by the Director of Public Health, the Director of the Department of Family and Children Services, the Director of Mental Health, and a clergyman selected by vote of the designated ex officio members. 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. Section 2. Said Act is further amended by striking Section 7 and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The commission shall stand abolished July 1, 1993.

Page 4201

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 1990 session of the General Assembly of Georgia a bill to amend an Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), so as to change the membership of the commission; and for other purposes. This 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4202

CITY OF POOLER HOMESTEAD EXEMPTION; REFERENDUM. No. 872 (House Bill No. 2009). AN ACT To provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00; to provide for all matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of the City of Pooler, Georgia, who is 65 years of age or over or who is totally disabled is granted an exemption on that person's homestead from all City of Pooler ad valorem taxes in the amount of $30,000.00 if the resident's net income, as defined by general law, does not exceed $11,500.00. The value of all homestead property in excess of the above-exempted amount shall remain subject to taxation. A person shall be deemed to be totally disabled for the purpose of qualifying for this exemption if such person is certified to be so disabled by the Veterans Administration, the Social Security Administration, the Department of Human Resources, the Workers' Compensation Board, the county health department, or the civil service. Section 3. The governing authority of the City of Pooler or its designee shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine eligibility for the exemption. Section 4. The exemption provided for by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be

Page 4203

the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Pooler or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 5. The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 6. The exemption granted by this Act shall be in addition to any other homestead exemption from City of Pooler ad valorem taxes. Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 8. The exemption granted by this Act shall be administered and granted by the governing authority of the City of Pooler or its designee in the same manner as provided by general law; and, unless otherwise expressly provided in this Act, all provisions of general law shall apply to the exemption granted by this Act. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Pooler 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 Pooler for approval or rejection. The election superintendent shall set the date of such election for the date of the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $30,000.00 homestead exemption from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00?

Page 4204

All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Pooler. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Pooler, Georgia, advalorem taxes for all residents who are 65 years of age or over or who are totally disabled, who have net incomes not exceeding an amount to be specified; and for other purposes. This 16th day of February, 1990. Ronald E. Ginsberg City Attorney, Pooler Georgia 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/

Page 4205

Savannah Evening Press which is the official organ of Chatham County, on the following date: February 17, 1990. /s/ Sonny Dixon Representative, 128th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CHARLTON COUNTYBOARD OF COMMISSIONERS; SALARY. No. 873 (House Bill No. 2021). AN ACT To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4393), so as to change the compensation provisions relating to the chairman and other members of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4393), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

Page 4206

Section 8. The board shall be authorized to fix the compensation of each commissioner other than the chairman in an amount not to exceed $6,000.00 per annum, payable in equal monthly installments out of the funds of Charlton County. The board shall be authorized to fix the compensation of the chairman in an amount not to exceed $9,000.00 per annum, payable in equal monthly installments out of the funds of Charlton County. Section 2. All laws and parts of laws in conflict with this Act are repealed. Public Notice Notice is hereby given that there will be introduced in the 1990 Session of the Georgia General Assembly a bill to change the compensation of the Charlton County Commissioners. HARRY DIXON, Representative District 151 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following date: February 21, 1990. /s/ Harry D. Dixon Representative, 151st District

Page 4207

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. TATTNALL COUNTYBOARD OF COMMISSIONERS; SALARY. No. 874 (House Bill No. 2022). AN ACT To amend an Act creating a board of commissioners for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, is amended by striking subsection (i) of Section 1A and inserting in its place a new subsection (i) to read as follows: (i) Salaries and expenses. Commissioners shall receive as compensation for their services as commissioners the sum of $350.00 per month. The chairman shall receive as compensation for his services the sum of $650.00. In addition to the monthly salaries provided in this subsection, each commissioner shall receive an expense supplement in the sum of $200.00 per month and the chairman shall receive an expense supplement in the sum of $300.00 per month. The expense supplement

Page 4208

is an addition to all salaries and shall cover the costs of expenses incurred by said commissioners during the performance of their duties of office. Upon approval by a majority vote of the board of commissioners, the chairman shall also be furnished a motor vehicle for use in carrying out the duties of his office. The cost of such motor vehicle and the reasonable expenses of operating and maintaining such motor vehicle shall be paid from county funds. The chairman may allow any member of the board of commissioners to use such motor vehicle in carrying out the duties of such member's office. No other form of compensation or benefit, either directly or indirectly, shall be received by a commissioner, including the chairman, for the performance of his official duties as a county commissioner of Tattnall County. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1990 Session of the General Assembly of Georgia, a Bill to Amend an Act creating a Board of Commissioners of Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an act approved 3-28-1985 (Ga. L. 1985, P. 4625); and for other purposes. CLINTON OLIVER Representative 121st Dist. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: February 22, 1990.

Page 4209

/s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. COBB COUNTY SUPERIOR COURT; CLERK; SALARY. No. 875 (House Bill No. 2028). 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 30, 1989 (Ga. L. 1989, p. 4836), so as to change the compensation of the clerk and deputy clerk of the superior court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act 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 30, 1989 (Ga. L. 1989, p. 4836), is amended by striking Section 4 thereof and inserting in its place a new Section 4 to read as follows:

Page 4210

Section 4. (a) The clerk of the superior court shall receive an annual salary of $60,320.00, 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 $49,649.00, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probate Court of Cobb County from the fee system to salary system, approved February

Page 4211

9, 1949 (Ga. L. 1949, p. 428) as amended, and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A 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: December 29, 1989. /s/ Herman Clark Representative, 20th District

Page 4212

Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. HOUSTON COUNTY SALES AND USE TAX; AD VALOREM TAX. No. 876 (House Bill No. 2029). AN ACT To provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise result from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District, as proposed by 1982 Res. Act No. 158 (Ga. L. 1982, p. 2601) and continued in effect by an Act approved March 20, 1986 (Ga. L. 1986, p. 4209); to provide that the foregoing shall be contingent upon the ratification of a certain constitutional amendment at the 1990 general election; to provide for other 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 provisions of this Act are authorized by Article XI, Section I, Paragraph IV(e) of the Constitution of the State of Georgia.

Page 4213

Section 2. As used in this section, the term: (1) Local tax cap amendment means that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District which was proposed by 1982 Res. Act No. 158 (Ga. L. 1982, p. 2601) and was continued in effect by an Act approved March 20, 1986 (Ga. L. 1986, p. 4209). (2) Special purpose sales tax means the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated. Section 3. The governing authority of Houston County may, subject to the requirement of referendum approval and the other requirements of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, impose the special purpose sales tax. Notwithstanding the provisions of the local tax cap amendment, if the special purpose sales tax is imposed in Houston County the receipt by Houston County of revenues from the special purpose tax shall not result in any reduction of the maximum allowable mill rate for ad valorem taxes levied by Houston County (as would otherwise result from the operation of subparagraph (2)(B) of the local tax cap amendment). Accordingly, the governing authority of Houston County is authorized to levy the special purpose sales tax and receive proceeds therefrom without such receipt resulting in any corresponding limitation in any year of its ad valorem taxing powers. Section 4. This Act shall become effective January 1, 1991, only if there is ratified at the 1990 general election a constitutional amendment to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers. If such amendment is not so ratified, this Act shall not take effect. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Page 4214

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise result from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District, as proposed by 1982 Res. Act No. 158 (Ga. L. 1982, P. 2601) and continued in effect by an Act approved March 20, 1986 (Ga. L. 1986, P. 4209); to provide that the foregoing shall be contingent upon the ratification of a certain constitutional amendment at the 1990 general election; to provide for other related matters; and for other purposes. This 16th day of February, 1990. Ted Waddle, Royce Watson, Jr. and Larry Walker GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle, who, on oath, deposes and says that he is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following date: February 21, 1990. /s/ Ted W. Waddle Representative, 113th District

Page 4215

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF DALTON SPECIAL ASSESSMENTS; LIENS. No. 877 (House Bill No. 2037). AN ACT To amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved July 19, 1923 (Ga. L. 1923, p. 593), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2325), so as to change the provisions relating to special assessments for certain improvements and provide for liens therefor and enforcement thereof; to provide for statutory construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved July 19, 1923 (Ga. L. 1923, p. 593), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2325), is amended by adding after Section 19 of the 1959 amendatory Act a new section to read as follows: Section 19.1. On or after the date this section becomes effective, the city council by ordinance shall have the power to

Page 4216

assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, turnouts, water mains, water, gas, or sewer connections, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable and without regard to Sections 2 through 19 of this Act. Such assessment and each installment thereof, along with interest thereon at the same rate as interest on or paid municipal taxes and the expense of collection, shall be a lien against the property so assessed from the date of the ordinance levying the assessment. That lien shall have the same priority as other liens for municipal taxes and shall be enforced in the same manner as are liens for municipal taxes. The enactment of this section shall not be construed to affect any city improvement, assessment, lien, priority, or enforcement proceeding existing immediately prior to the date this section becomes effective. 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the CITY OF DALTON, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1207); to repeal conflicting laws; and for other purposes. This 29th day of January, 1990. Honorable Philip A. Foster Representative, 6th District 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 Daily Citizen News which is

Page 4217

the official organ of Whitfield County, on the following date: January 30, 1990. /s/ Phil Foster Representative, 6th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF FOLKSTON CORPORATE LIMITS; REFERENDUM. No. 878 (House Bill No. 2048). 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, particularly by an Act approved March 13, 1989 (Ga. L. 1989, p. 3625), so as to change the corporate limits of the city; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing a new charter for the City of Folkston in Charlton County, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, particularly by an Act approved March 13, 1989 (Ga. L. 1989, p. 3625), is amended by adding at the end of Section 1.11 the following:

Page 4218

The corporate limits of the City of Folkston shall include the following parcel of land: All that tract or parcel of land lying and being in Charlton County, Georgia, and bounded as follows: Beginning at a point where the City Limits of the City of Folkston intersect with the City Limits of the City of Homeland approximately 1,280 feet South of Bowery Lane on the East side of U.S. Highways 1 and 301 and following the City Limits of the City of Homeland a distance of 1,452 feet, more or less, to a point where it intersects with the center of the right of way of Bowery Lane, thence N 8145 E a distance of 1,610 feet, more or less, to a point in the center of the right of way of Bowery Lane, thence N 115 E a distance of 970 feet, more or less, to a point on the North side of a County Graded Road. Thence running in a Northeasterly direction along the property line on the North side of road N 3315 E across Old Humphreys Mining site for a distance of 4,633 feet, more or less, to a point in the center of the right of way of Ga. Highway 252. Thence running Southwest down the center of the right of way of Highway 252 S 2030 W for a distance of 3,189 feet, more or less, to a point in the center of Highway 252. Thence turning East down graded road S 7930 E along the back side of the tract of land known as Spring Lake Plantation for a distance of 5,379 feet, more or less, to a point in the center of the run of Cooner Branch, thence running South down the center of the run of Cooner Branch crossing Highway 40 for a distance of 7,953 feet, more or less, to a point on the North side of Ga. 500 KV power line right of way, thence turning Southwest and running down the North edge of power line S 2030 W for a distance of 2,990 feet, more or less, thence S 5530 W for a distance of 11,662 feet, more or less, to a point on the East side of the right of way of U.S. Highway 301, thence turning North down the Easterly right of way line N 1830 W for a distance of 5,120 feet, more or less, intersecting with the City Limits of the City of Folkston on the East side of the right of way line of U.S. Highway 301. 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 Charlton County shall call and conduct an election for the

Page 4219

purpose of submitting this Act to the electors of Charlton County residing within the area proposed for annexation 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 Charlton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which annexes territory to the corporate limits of the City of Folkston? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Charlton 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 TO INTRODUCE LOCAL LEGISLATION NOTICE is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an act creating a new Charter for the City of Folkston, approved April 11, 1979, so as to provide for the addition to the territorial limits of the City of Folkston of a certain tract of land: to provide that the corporate limits of the City of Folkston be extended so as to include such tract of land: to provide for an effective date: to repeal conflicting laws: and for other purposes. Tom Crosby, Jr. Representative 150 District

Page 4220

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tox 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 21, 1990. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 20, 1990. WASHINGTON COUNTY STATE COURT; JUDGE AND SOLICITOR; SALARY. No. 879 (House Bill No. 2051). AN ACT To amend an Act creating the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4103), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4221

Section 1. An Act creating the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4103), is amended by striking from Section 2 thereof the following: $7,290.00 per annum or not more than $15,000.00 per annum, and inserting in its place the following: $15,000.00 per annum or not more than $25,000.00 per annum,, so that when so amended Section 2 shall read as follows: Section 2. There shall be a judge of the State Court of Washington County, whose election, term of office, and qualifications shall be and remain as now fixed by law, who shall receive a salary of not less than $15,000.00 per annum or not more than $25,000.00 per annum, as set by the county commissioners of Washington County, which shall be paid to him monthly by the county commissioners of the County of Washington, or other proper authorities having charge of the funds of said County of Washington, and it shall become the duty of the commissioners of said county, or other proper officers, to make provision annually, in levying and collecting taxes, for the assessment and collection of money to pay the salary of the said judge. The judge shall receive no other compensation, but may practice law except in his own court. Section 2. Said Act is further amended by striking from Section 4 thereof the following: $7,290.00 per annum or more than $15,000.00 per annum, and inserting in its place the following: $15,000.00 per annum or not more than $25,000.00 per annum,, so that when so amended Section 4 shall read as follows:

Page 4222

Section 4. There shall be a solicitor of said State Court, who shall be elected at the same time and in the same manner as the judge of the said State Court, whose term of office shall be for four years, and whose duty it shall be to prosecute all offenses cognizable before said State Court. Provided, however, said solicitor shall not be required to perform the duties of the county attorney. Said solicitor must be at least twenty-one years of age, and a resident of Washington County for two years, and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed by this Act for filling vacancies in the office of judge. The said solicitor shall receive a salary of not less than $15,000.00 per annum or not more than $25,000.00 per annum, as set by the county commissioners of Washington County, to be paid monthly on the first of each month by the Treasurer of the County of Washington; the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said State Court of Washington County; whenever there is a sufficient amount of the same in the hands of said treasurer. Should there at any time, when said solicitor's salary becomes due, not be in the hands of the said treasurer enough of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds belonging to the county in the hands of said treasurer, until the full amount of said salary, monthly, is paid. Said solicitor shall receive no other compensation except his Supreme Court fees, as provided for in the fifth section of said Act, to be paid by the State. In the absence of disqualification of said solicitor the State Court Judge shall appoint a solicitor protem., who shall receive for his services in every case in which there is a conviction, or plea of guilty which is founded upon an indictment of the grand jury, a fee of five dollars, and in each case founded upon an accusation in which there is a conviction, a fee of ten dollars; provided, the solicitor pro tem. shall not be paid more than twenty dollars for any one term of said court. Section 3. This Act shall become effective on the first day of the month following the in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 4223

Notice is hereby given that there will be introduced into the 1990 session of the Georgia General Assembly a bill to change the compensation of the State Court Judge and State Court Solicitor of Washington County and for other purposes. Representative Jimmy Lord District 107 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following date: February 8, 1990. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4224

JEFFERSON COUNTY BOARD OF EDUCATION; ELECTION; SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 880 (Senate Bill No. 762). AN ACT To provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies; to provide that future school superintendents of the Jefferson County School District shall be appointed by the board of education rather than elected; to provide that such board shall be the successor to the former board; to provide for applicability of certain constitutional and statutory provisions; to provide for continuation of the former board under certain circumstances; to provide for the specific repeal of certain local Acts pertaining to the board of education; to provide for other matters relative to the foregoing; 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. (a) The board of education of Jefferson County shall be composed of five members to be elected as provided in this Act. For the purpose of electing members of the board, Jefferson County shall be divided into four education districts as follows: EDUCATION DISTRICT NO.1 BEGINNING at the point where Georgia Highway No. 24 intersects with the line between Jefferson County and Washington County; thence running easterly along said Georgia Highway No. 24 to its intersection with County Road No. 218; thence running southeasterly along said County Road No. 218 to its intersection with County Road No. 229; thence running southeasterly along said County Road No. 229 to its intersection

Page 4225

with Georgia Highway No. 171 (U.S. Highway No. 221); thence running southerly along said Georgia Highway No. 171 (U.S. Highway No. 221) to its intersection with County Road No. 230; thence running southeasterly, and then easterly, along said County Road No. 230 to its intersection with County Road No. 231, thence running southerly along said County Road No. 231 to its intersection with County Road No. 240; thence running northeasterly along said County Road No. 240 it its intersection with County Road No. 241; thence running easterly along said County Road No. 241 to its intersection with County Road No. 327 (Old U. S. Highway No. 1); thence running southerly along said County Road No. 327 (Old U. S. Highway No. 1) to its intersection with County Road No. 333; thence running easterly along said County Road No. 333 to its intersection with County Road No. 247; thence running northeasterly along said County Road No. 247 to its intersection with County Road No. 274; thence running southerly along said County Road No. 274 to its intersection with Georgia Highway No. 78 (U.S. Highway No. 319); thence running easterly along said Georgia Highway No. 78 (U.S. Highway No. 319) to its intersection with the Ogeechee River; thence running southerly along said Ogeechee River to the line between Jefferson County and Emanuel County; thence running westerly and then southerly along the line between Jefferson County and Emanuel County; then northwesterly along the line between Jefferson County and Johnson County, and then northerly along the line between Jefferson County and Washington County to the point of BEGINNING. EDUCATION DISTRICT NO. 2 BEGINNING at the point where the Ogeechee River intersects with the line between Jefferson County and Burke County, thence running northerly along said Ogeechee River to its intersection with Georgia Highway No. 78 (U.S. Highway No. 319); thence running westerly along said Georgia Highway No. 78 (U.S. Highway No. 319) to its intersection with County Road No. 274; thence running northerly along said County Road No. 274 to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running northerly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with the south city limit line of the City of Louisville; thence running westerly and then northerly and then easterly along

Page 4226

the city limit line of the City of Louisville to its intersection with Hill Street in said City; thence running southerly along said Hill Street to its intersection with Beech Street; thence running easterly along said Beech Street to its intersection with 8th Street; thence running southeasterly along said 8th Street to its intersection with Mulberry Street; thence running northeasterly along said Mulberry Street to its intersection with 9th Street; thence running southeasterly along said 9th Street (Georgia Highway No. 17) to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1 Bypass); thence running northerly along said Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) to its intersection with County Road No. 332 (Middleground Road); thence running northerly along said County Road No. 332 (Middleground Road) to its intersection with the south city limits line of the City of Wrens; thence running southwesterly along said south city limits line of the City of Wrens to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running northwesterly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with Howard Street in said city; thence running easterly along said Howard Street to its intersection with Young Street; thence running northerly along said Young Street to its intersection with Broad Street (Georgia Highway No. 88); thence running easterly along said Georgia Highway No. 88 to its intersection with the line between Jefferson County and Burke County; and thence running southerly along the line between Jefferson County and Burke County to the point of BEGINNING. EDUCATION DISTRICT NO. 3 BEGINNING at the point where Georgia Highway No. 88 intersects with the line between Jefferson County and Burke County; thence running westerly along said Georgia Highway No. 88 into the City of Wrens, where it also becomes Broad Street, to its intersection with Young Street in said City; thence running southerly along said Young Street to its intersection with Howard Street; thence running westerly along said Howard Street to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running southwesterly along said Georgia Highway No. 4 (U.S. Highway No. 1) to its intersection with the south city limits line of the City of Wrens; thence running northwesterly along said south city limits line of the City

Page 4227

of Wrens to its intersections with Georgia Highway No. 88; thence running southwesterly along said Georgia Highway No. 88 to its intersection with Rocky Comfort Creek; thence running northerly along said Rocky Comfort Creek to its intersection with the line between Jefferson County and Glascock County; and thence running northerly, then northeasterly, and then southeasterly along the line between Jefferson County, on the one hand, and Glascock, Warren, McDuffie, Richmond, and Burke Counties, on the other hand, to the point of BEGINNING. EDUCATION DISTRICT NO. 4 BEGINNING at the point where Rocky Comfort Creek intersects with the line between Jefferson County and Glascock County; thence running southerly along said Rocky Comfort Creek to its intersection with Georgia Highway No. 88; thence running northeasterly along said Georgia Highway No. 88 to its intersection with the south city limits line of the City of Wrens; thence running northeasterly along said south city limits line of the City of Wrens to its intersection with County Road No. 332; thence running southerly along said County Road No. 332 to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) in the City of Louisville; thence running southerly along said Georgia Highway No. 4 (U.S. Highway No. 1 Bypass) to its intersection with Georgia Highway No. 17; thence running northwesterly along said Georgia Highway No. 17 to its intersection with Mulberry Street; thence running southwesterly along said Mulberry Street to its intersection with 8th Street; thence running northwesterly along said 8th Street to its intersection with Beech Street; thence running southwesterly along said Beech Street to its intersection with Hill Street; thence running northerly along said Hill Street to its intersection with the north city limits line of the City of Louisville; thence running westerly, then southerly (along Rocky Comfort Creek) and then southeasterly, along the city limits line of the City of Louisville to its intersection with Georgia Highway No. 4 (U.S. Highway No. 1); thence running southerly along said Georgia Highway No. 4 (U.S. Highway 1) to its intersection with County Road No. 274; thence running southeasterly along said County Road No. 274 to its intersection with County Road No. 247; thence running southwesterly along said County Road No. 247 to its intersection with County

Page 4228

Road No. 333; thence running westerly along said County Road No. 333 to its intersection with County Road No. 327 (Old U.S. Highway No. 1); thence running northerly along said County Road No. 327 (Old U.S. Highway No. 1) to its intersection with County Road No. 241; thence running westerly along said County Road No. 241 to its intersection with County Road No. 240; thence running southwesterly along said County Road No. 240 to its intersection with County Road No. 231; thence running northerly along said County Raod No. 231 to its intersection with County Road No. 230; thence running westerly, and then running northwesterly along said County Road No. 230 to its intersection with Georgia Highway No. 171 (U.S. Highway No. 221); thence running northerly along said Georgia Highway No. 171 (U.S. Highway No. 221) to its intersection with County Road No. 229; thence running northwesterly along said County Road No. 229 to its intersection with County Road No. 218; thence running northwesterly along said County Road No. 218 to its intersection with Georgia Highway No. 24; thence running westerly along said Georgia Highway No. 24 to its intersection with the line between Jefferson County and Washington County; and thence running northerly, then northwesterly, and then easterly along the line between Jefferson County, on the one hand, and Washington and Glascock Counties on the other hand to the point of BEGINNING. The roads, highways, and streams referred to in the above descriptions are and shall be as appear on that 1979 General Highway Map of Jefferson County prepared by the Georgia Department of Transportation, as revised in April, 1979, on October 8, 1980, and on November 15, 1980. The streets within the City of Louisville referred to in the above description are and shall be as appear on the map of the City of Louisville prepared by Edward G. Andrews, Civil Engineer, corrected to March 1, 1976. The streets within the City of Wrens referred to in the above descriptions are and shall be as appear on the 1978 Bowden Publications map of the City of Wrens. (b) For the purposes of this section: (1) 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

Page 4229

United States decennial census of 1980 for the State of Georgia. (2) Any part of Jefferson County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 2. (a) There shall be one member of the board elected from each education district in a nonpartisan election. A person may not offer as a candidate for election to the board from any education district other than from the education district in which he or she is a legal resident. Each board member representing an education district shall be elected by a majority vote of the registered voters of that education district voting in an election therefor. (b) The chairman of the board shall be elected in a nonpartisan election from the entire county. A person may not offer as a candidate for election as chairman unless such person is a resident of Jefferson County. The chairman shall be elected by a majority vote of the registered voters of the county voting in an election therefor. Section 3. (a) No person shall be eligible to offer for election to the board or serve thereon unless that person is at least 21 years of age, is a qualified elector of Jefferson County, has been a resident of the state at least one year, and has been a resident of the territory embraced within the education district from which that person offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his or her residence from the education district he or she represents, his or her place on the board shall immediately become vacant. (b) No person shall be eligible to offer for election or serve as chairman unless that person is at least 21 years of age, is a qualified elector of Jefferson County, has been a resident of the state at least one year, and has been a resident of Jefferson County for at least six months immediately preceding the date of election. In the event a person serving as chairman moves his or her residence from

Page 4230

Jefferson County, the office of chairman shall immediately become vacant. Section 4. (a) The terms of the members of the board of education in office on the effective date of this section shall expire on December 31, 1990. Members elected under this Act shall be elected in a nonpartisan primary and nonpartisan election in the same manner as specified for nonpartisan election of judicial officers and pursuant to Code Section 21-2-139 of the O.C.G.A. The first members elected under this Act shall be elected at a special nonpartisan election to be held on the date of and in conjunction with the November, 1990, general election. The initial members elected in 1990 to represent Education Districts No. 1 and 3 shall take office on January 1, 1991, and shall serve for terms of four years and until their successors are elected and qualified. The initial members elected in 1990 to represent Education Districts No. 2 and 4 shall take office on January 1, 1991, and shall serve for terms of two years and until their successors are elected and qualified. Thereafter, successors to such members shall be nominated and elected at a nonpartisan primary and election held in conjunction with the general primary and election next preceding expiration of a term of office, shall take office on the first day of January following their election, and shall serve for terms of four years and until their successors are elected and qualified. (b) The first chairman elected under this Act shall be elected at a special nonpartisan election to be held on the date of and in conjunction with the November, 1990, general election and shall take office on January 1, 1991, and shall serve for a term of four years and until his successor is elected and qualified. Thereafter, successors shall be nominated and elected at a nonpartisan primary and election held in conjunction with the general primary and election next preceding the expiration of his term of office, shall take office on the first day of January following his election, and shall serve for a term of four years and until his successor is elected and qualified. Section 5. At the first meeting of the board in January, 1991, and at the first meeting in January of each year thereafter, the board shall elect such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business.

Page 4231

Section 6. The chairman of the board of education shall be compensated in the amount of $250.00 per month and each member of the board of education other than the chairman shall be compensated in the amount of $200.00 per month. The chairman and each member of the board of education shall be reimbursed for reasonable expenses incurred in the performance of their duties. Section 7. (a) In the event any vacancy occurs on the board of education, the grand jury of Jefferson County shall select a person to fill the vacancy. The person selected to fill a vacancy shall serve until the first general election which occurs more than 60 days after the date of the vacancy; and at a special nonpartisan election held in conjunction with that general election there shall be elected a member to take office immediately and serve for the remainder of the unexpired term of office. Any person selected to fill a vacancy shall be a resident of the education district in which the vacancy occurs or, in the case of the chairman, shall be resident of Jefferson County. (b) The board of education of Jefferson County created by this Act shall be the successor to all the rights, powers, duties, and obligations of the former board of education of Jefferson County in existence on January 1, 1990, and shall be subject to all constitutional and statutory provisions relating to county boards of education not in conflict with this Act. Section 8. (a) The school superintendent of the Jefferson County School District in office on January 1, 1990, shall serve out the remainder of the term of office for which he was elected. Thereafter, future school superintendents of the Jefferson County School District shall be appointed by the board of education of Jefferson County rather than elected; and no election for school superintendent of the Jefferson County School District shall be held. In the event of a vacancy in the office of school superintendent, the vacancy shall be filled by appointment as provided in this section. (b) The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may

Page 4232

provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. (c) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 9. An Act to add two members to the board of education of Jefferson County, approved April 9, 1968 (Ga. L. 1968, p. 3421) is repealed in its entirety. Section 10. In the event the voters of the Jefferson County School District fail to approve the election of board members as set forth in this Act, the board of education for Jefferson County shall continue to be appointed by the grand jury of Jefferson County and the school superintendent shall continue to be elected according to the Constitution and the laws of the State of Georgia. Section 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jefferson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Jefferson County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the July, 1990, state-wide general primary and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jefferson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for an elected board of education for the Jefferson County School District and which provides that future school superintendents of that school district shall be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the

Page 4233

Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 10 of this Act shall become of full force and effect immediately. If Sections 1 through 10 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Jefferson County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 12. Except as otherwise provided in Section 11 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for election of the chairman and the members of the Board of Education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the Board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies; to provide that future school superintendents of the Jefferson County School District shall be appointed by the Board of Education rather than elected; to provide that such Board shall be the successor to the former Board; to provide for applicability of certain constitutional and statutory provisions; to provide for continuation of the of the former Board under certain circumstances; to provide for the specific repeal of certain local Acts pertaining to the Board of Education; to provide for other matters relative to the foregoing, to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 19th day of February, 1990.

Page 4234

Honorable Bill English Senator, 21st District 2-22-1c GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill English, who, on oath, deposes and says that he is Senator from the 21st 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: February 22, 1990. /s/ Bill English Senator, 21st District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 20, 1990. ATKINSON COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; MEMBERS; SALARY. No. 881 (House Bill No. 1887). AN ACT To amend an Act creating the office of commissioner of road and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2723), so as to change the compensation of

Page 4235

the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of commissioner of road and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2723), 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 members of the board shall each receive $250.00 per month as full compensation for their duties. The chairman of the board shall receive $600.00 per month as full compensation for his 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 1990 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380) as amended, particularly as amended in an Act approved in 1969 (Ga. L. 1969, p. 2723), so as to change the compensation of the chairman and the other members of the board; to provide for other matters relative to the foregoing; and for other purposes. This 31st day of January, 1990. Honorable Tom Crosby, Jr. Representative, 150th District

Page 4236

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr., who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following date: February 1, 1990. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. JENKINS COUNTY BOARD OF EDUCATION; SALARY AND EXPENSES. No. 882 (House Bill No. 1285). AN ACT To amend an Act relating to the board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended by an Act approved February 19, 1987 (Ga. L. 1987, p. 3584), so as to change provisions relating to the compensation and reimbursement of expenses of the chairman and members of the board of education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4237

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended by an Act approved February 19, 1987 (Ga. L. 1987, p. 3584), is amended by striking subsection (c) of Section 3 and inserting in its place a new subsection (c) of Section 3 to read as follows: (c) The chairman of the board shall receive a salary of $300.00 per month. Each of the other members of the board shall receive a salary of $250.00 per month. Each member of the board shall also receive a per diem of $50.00 per day and reimbursement for actual expenses necessarily incurred in connection with any trip or meeting in affiliation with the Georgia School Boards Association, the National School Boards Association, the Georgia Department of Education, or the American Association of School Board Superintendents and any other trip or meeting deemed necessary by the board to the business of the board. All expenses shall be approved and verified in such manner as may be specified by the board prior to reimbursement. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended, particularly by an Act approved February 19, 1987 (Ga. L. 1987, p. 3584); and for other purposes. This 27 day of December, 1989.

Page 4238

Honorable John Godbee Representative, 110th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Godbee, who, on oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Millen News which is the official organ of Jenkins County, on the following date: January 4, 1990. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF COLLEGE PARK HOMESTEAD EXEMPTION; REFERENDUM. No. 883 (House Bill No. 1764). AN ACT To provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value; to provide

Page 4239

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. The homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, not less than 30 days after the date of approval of this Act by the Governor, or after it otherwise becomes law, nor later than July 1, 1990, it shall be the duty of the election superintendent of the City of College Park to issue the call for an election for the purpose of submitting this Act to the electors of the City of College Park for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organs of Fulton and Clayton counties. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing a homestead exemption in the amount of $40,000.00 for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead 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

Page 4240

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 College Park. 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 1990 session of the General Assembly of Georgia an Act to amend Section IV of the charter of the City of College Park, Georgia (Article VIII, Taxation and Finance as codified), said amendment adopted pursuant to the authority of Article VII, Section II, Paragraph II(a) (2) of the Constitution of the State of Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park; to provide an effective date; to provide for the submission of this amendment for ratification or rejection; and for other purposes. GEORGE E. GLAZE City Attorney City of College Park 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 Clayton News/Daily which is the official organ of Clayton County, on the following date: January 23, 1990. /s/ Dick Lane Representative, 27th District

Page 4241

Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1990 session of the General Assembly of Georgia an Act to amend Section IV of the charter of the City of College Park, Georgia (Article VIII, Taxation and Finance as codified), said amendment adopted pursuant to the authority of Article VII, Section II, Paragraph II(a)(2) of the Constitution of the State of Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park; to provide an effective date; to provide for the submission of this amendment for ratification or rejection; and for other purposes. GEORGE E. GLAZE City Attorney City of College Park GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 19, 1990. /s/ Dick Lane Representative, 27th District

Page 4242

Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990. CITY OF COLLEGE PARK REDEVELOPMENT POWERS; REFERENDUM. No. 884 (House Bill No. 1965). AN ACT To amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, so as to authorize the City of College Park to have and be authorized to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the Redevelopment Powers Law, as now or hereafter amended, and to provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, is further amended by adding at the end thereof the following provisions: Section 1. The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the `Redevelopment Powers Law,' as now or

Page 4243

hereafter amended. 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 a period not exceeding specified in the `Redevelopment Powers Law.' Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of College Park shall call and conduct an election as provided in this section for the purpose of submitting this Act to the qualified voters of the City of College Park for approval or rejection. The election superintendent shall conduct such election on a date specified by the mayor and council of the City of College Park 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 such election to be published once a week for the 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 authorizes the City of College Park to have and to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to the `Redevelopment Powers Law' of the State of Georgia, 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 a majority of the qualified voters of the City of College Park voting on such question in such special election vote in favor 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 such election date.

Page 4244

The expense of such election shall be borne by the City of College Park. 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 1990 session of the General Assembly of Georgia a bill to authorize College Park to have and be authorized to exercise all redevelopment and other powers authorized and 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. George E. Glaze City Attorney City of College Park 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 Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 14, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4245

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 College Park to have and be 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. George E. Glaze City Attorney City of College Park 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 February 16, 1990 /s/ Joe Hiett, Publisher Sworn to and subscribed before me this 16 day of February 1990. /s/ Judith L. Bray, Notary Public My Commission expires November 23, 1990 (SEAL) Approved March 20, 1990.

Page 4246

CITY OF FOREST PARK CORPORATE LIMITS. No. 885 (House Bill No. 1986). AN ACT To amend an Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), so as to change the corporate limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows: (c) The corporate boundaries of the City of Forest Park in the County of Clayton shall include: All of that tract or parcel of land lying and being in Land Lots 14, 19, 20, 45, 46, 51 52 of the 13th District, Clayton County Georgia, being more particularly described as follows: Begin at the point of intersection of the northerly right of way line of the Central of Georgia Railroad (100 right of way) with the Westerly right of way line of Hale Road, if extended northerly, said point being located in Land Lot 51; thence northwesterly along the northerly right of way line of the Central of Georgia Railroad a distance of 2,700 feet more or less to a point on the westerly right of way line of U.S. Highway No. 41 19; thence northerly along said right of way line a distance of 1440 feet more or less to the point of intersection of the westerly right of way line of U.S. Highway 41 19 and the Southeasterly right of way line of Interstate Highway No. 285; thence northeasterly along said right of way line 480 feet more or less to a point; thence leaving said right of way line East and crossing the end of Conrad Avenue a distance of 350 feet more or less to a point; thence north 875 feet more or less to a point on the

Page 4247

southeast right of way line of Interstate right of way No. 285; thence following the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 1,900 feet more or less to the point of intersection of the southeasterly right of way line of Interstate Highway No. 285 and the easterly right of way line of Ballard Road; thence continuing along the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 350 feet, more or less to a point; thence leaving said right of way line North 89 East a distance of 200.00 feet more or less to a point; thence South 0-16 East a distance of 2125.5 feet to a point on the South boundary line of Land Lot 19; thence North 89 East along said Land Lot line a distance of 500 feet more or less; thence in a southerly direction along the West lot line of Lots 8 and 9 of the Burks Acres Subdivision a distance of 193.4 feet to a point; thence in a South-southwesterly direction along the West lot line of Lots 5, 6, 7 and 8 a distance of 229.7 feet to a point; thence in a southwesterly direction along the west lot line of Lot 4 a distance of 148.9 feet to a point; thence in a northwesterly direction along the North lot line of Lot 3 a distance of 150.0 feet to a point; thence in a southerly direction along the West lot line of Lot 3 a distance of 150.0 feet to a point; thence in an easterly direction along the South line of Lot 3 of the Burks Acres Subdivision 292.5 feet to a point on the West right of way line of a 25 alley which runs between City View Drive and Scott Boulevard; thence South 0 30 West along the West right of way line of said alley a distance of 480 feet more or less; thence South 89 West a distance of 362 feet more or less; thence South 38 30 West a distance of 30 feet more or less to a point on the South right of way of Stone Mountain View Drive (40 right of way); thence along said right of way line South 51 45 East a distance of 494 feet to a point; thence South 36-30 West a distance of 325.5 feet; thence South 16-30 West a distance of 194 feet more or less; thence South 8-30 East a distance of 133.5 feet to a point; thence South 89 West a distance of 310 feet more or less; thence South 89-29-20 West 500.00 feet to an iron pin; thence South 84-00 West a distance of 13.80 feet to an iron pin on the West land lot line of Land Lot 46; thence along said land lot line South 0-03 West a distance of 439.96; thence North 89-22 West a distance of 330.40 feet to an iron pin on the northeasterly right of way

Page 4248

line of State Highway 160 (Forest Park Road); thence southeasterly along said right of way line a distance of 1,806 feet more or less to the point of intersection of the northerly right of way line of State Highway 160 with the westerly right of way line of Hale Road, if said westerly right of way line were extended northerly; thence southerly along the westerly right of way line of Hale Road extended a distance of 10 feet more or less to the Point of Beginning; less and except the following: (1) A parcel of property lying in Land Lot 45, 13th District, Clayton County, Georgia, being more particularly described as follows: Begin at the point of intersection of the northeasterly right of way line of Georgia Highway 160 with the southerly right of way line of Stone Mountain View Drive; thence easterly along said southerly right of way line a distance of 399 feet to a point; thence leaving said right of way line South 231.3 feet more or less to a point; thence East a distance of 100 feet more or less to a point; thence South a distance of 100 feet more or less to a point; thence West a distance of 212 feet more or less to a point on the northeasterly right of way line of Georgia Highway 160; thence northwesterly along said right of way line a distance of 492 feet more or less to the Point of Beginning. (2) All that tract or parcel of land lying and being in Land Lot No. 46 of the 13th Land District of Clayton County, Georgia, and by plat of R. S. Mundy, dated February 7, 1949, and revised May 17, 1965 by C. E. Lee, said plat being recorded in the office of the Clerk of Superior Court of Clayton County, Georgia; said tract, according to said plat, being described more particularly as follows: BEGINNING at a point located South, 1 degree and 15 minutes West, as measured along the West line of Land Lot No. 46 aforesaid, a distance of 206 feet from the Northwest corner of said Land Lot No. 46; running thence North, 89 degress East, a distance of 120 feet; thence North, 1 degree and 15 minutes West, a distance of 70 feet; thence North, 89 degrees East, a distance of 62 feet; thence North, 1 degree and 15 minutes West, a distance of 136 feet to a point on the

Page 4249

North line of said Land Lot No. 46; thence North, 89 degrees East, as measured along the North line of said Land Lot No. 46, a distance of 594 feet to a corner; thence due South a distance of 436 feet to a corner; thence due West a distance of 334.3 feet to a point on the centerline of a branch or stream; thence southerly, as measured along the meandering of said branch or stream, a distance of 217 feet to the North line of lands now or formerly owned by Ridenour; thence due West, as measured along the North line of said Ridenour lands, a distance of 411 feet to a point on the West line of Land Lot No. 46; thence North, 1 degree and 15 minutes West, as measured along the West line of said Land Lot No. 46, a distance of 425 feet, back to the POINT OF BEGINNING; said lands being a portion of the lands conveyed to Clinton L. Montgomery and Hilda M. Montgomery by heirs-at-law of Mrs. Tucker Tyler, deceased, by deed dated January, 1948, and recorded in Deed Book 58 at Page 130, records of Clayton County, Georgia. (3) All that tract or parcel of land lying and being in Land Lot 46 of the 13th District of Clayton County, Georgia and being the same 9 acres, more or less, conveyed by W. W. Cook to Mrs. Callie F. Ridenhour by warranty deed dated May 1, 1933, and recorded in Deed Book 28, page 76 (Clayton County Records); and being part of that tract designated as parcel C in the jury verdict rendered February 26, 1912, in Clayton Superior Court Case No. 9 of the February Term, 1912, in the case styled J.W.E. Harrison vs. Ada Watts (a/k/a Mrs. F. O. Watts) (Issue Docket B Page 140); and being improved property known as No. 4573 CITY VIEW DRIVE. Section 2. Notwithstanding the above-stated annexation, the Clayton County Water Authority shall be authorized to continue to provide service to its present customers in the area. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4250

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to change the corporate limits of the the City of Forest Park by annexing certain territory into the city limits of the City of Forest Park; to provide for related matters; and for other purposes. This 16th day of Feb., 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4251

CITY OF SNELLVILLE CORPORATE LIMITS. No. 886 (House Bill No. 2082). 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 striking Sections 2, 2A, 2B, 2C, and 2D and inserting in their places new Sections 2 and 2A to read as follows: Section 2. The corporate limits of the City of Snellville shall include the following described property: ALL THOSE TRACTS or parcels of land lying and being in Land Lot 51 of the 6th Land District and Land Lots 3, 4, 5, 6, 7, 8, 9, 24, 25, 26, 27, 28, 29, 35, 36, 37, 38, 39, 40, 41, 56, 57, 58, 59, 60, 61, 68, 69, 72, 73, 92, 93, 94, 99, 100, 101 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 westerly right of way of Scenic Drive and the southerly right of way of U.S. Highway No. 78 (Also known as GA Hwy 10); thence in a westerly direction along the southerly right of way of U.S. Hwy. 78 a distance of 225 feet, more or less, to a northwest corner with the property of Snellville Development Associates (Tax Parcel 6-51-22) and being the POINT OF BEGINNING; thence in a southerly direction along the rear property lines of Tax Parcel Numbers 6-51-22, 6-51-20, 6-51-19, 6-51-18, 6-51-17, 6-51-16, 6-51-15, and 6-51-15A a distance of 1153.4 feet, more or less, to a point; thence in a northeasterly direction a distance of 510 feet, more or less, to a point on the westerly line of Westridge subdivision;

Page 4252

thence in a southeasterly direction along the westerly line of Westridge subdivision a distance of 1420 feet, more or less, to the land lot line dividing land lots 51 and 50 of the 6th district; thence in a northeasterly direction along said land lot line a distance of 310 feet, more or less, to the line dividing the 6th land district and the 5th land district; thence in a southeasterly direction along the district dividing line a distance of 38.5 feet, more or less, to the land lot line dividing land lots 7 and 6 of the 5th land district; thence in a northeasterly direction along said land lot dividing line a distance of 65 feet, more or less, to a point at the original one mile radius from the intersection of U.S. Hwy. 78 and Georgia Highway 124; thence in a southeasterly direction along the one mile radius a distance of 1200 feet, more or less, to the northwesterly right of way of Ga. Hwy. 124; thence across said right of way in a southeasterly direction to the northwesterly corner with Amid the Oaks subdivision; thence in a southeasterly direction along the southwesterly subdivision lines of Amid the Oaks and English Oaks to a corner with Hickory Hills Unit 6 subdivision on the line dividing land lots 6 and 5; thence in a southeasterly direction along the southerly line of Hickory Hills Unit 6 to the westerly right of way of Greenvalley Road; thence in a northerly direction along the westerly right of way of Greenvalley Road a distance of 450 feet, more or less, to a point; thence in a southeasterly direction a distance of 50 feet to a point on the easterly right of way of Greenvalley Road (180 feet, more or less, from the easternmost corner of Hickory Hills Unit 2 Subdivision); thence in a southeasterly direction a distance of 140 feet more or less to a point on the property of Camp (Tax Parcel #5-5-15); thence in a northeasterly direction a distance of 110 feet, more or less to a point on the southwesterly subdivision line of Hickory Hills Unit 2 (240 feet, more or less, from the westernmost corner of Hickory Hills Unit 2); thence in a southeasterly direction along the southwesterly line of Hickory Hills Unit 2 to a point on the line dividing land lots 5 and 4; thence in a southwesterly direction along said land lot dividing line a distance of 1286 feet, more or less, to a point on the easterly right of way of Greenvalley Road; thence in a southerly direction along the easterly right of way of Greenvalley Road a distance of 149 feet, more or less, to the northerly right of way of Springdale

Page 4253

Drive; thence in an easterly direction along the northerly right of way of Springdale Drive to a point on the line dividing land lots 4 and 29; thence in a southeasterly direction along said land lot dividing line to a point on easterly right of way of Lenora Church Road; thence in a southerly direction along the easterly right of way of Lenora Church Road to a point on the line dividing land lots 4 and 3; thence in a northeasterly direction along said land lot dividing line a distance of 92 feet, more or less, to a corner with Rose Lake subdivision; thence in a southeasterly direction along the subdivision lines of Rose Lake and Tradd Square a distance of 1817 feet, more or less, to a point; thence in a northeasterly direction a distance of 1308 feet, more or less, to a point on the line dividing land lots 3 and 30; thence in a northwesterly direction along said land lot dividing line 1817 feet, more or less, to a point common to Land Lots 3, 4, 29, and 20; thence in a northeasterly direction along the line dividing Land Lots 29 and 30 to a point common to Land Lots 29, 30, 35, and 36; thence in a northeasterly direction along the line dividing Land Lots 35 and 36 to a point on the southwesterly subdivision line of The Station; thence in a southeasterly direction along the subdivision line of The Station to a corner with said subdivision; thence in a northeasterly direction along the subdivision line of The Station to a point on the westerly right of way of Temple Johnson Road; thence in a northerly direction along the right of way of Temple Johnson Road a distance of 450 feet, more or less, to a corner with The Station subdivision; thence in a northwesterly direction along the subdivision line of The Station to a point on the line dividing Land Lots 35 and 36; thence in a southwesterly direction along said land lot dividing line to a corner with The Station; thence in a northwesterly direction along the northeasterly subdivision lines of The Station to a point on the southeasterly subdivision line of Hidden Forest Unit 2; thence in a northeasterly direction along the subdivision lines of Hidden Forest Unit 2 and Hidden Forest Unit 1 a distance of 831 feet, more or less, to a point the southwesterly right of way of Skyland Drive; thence in a northeasterly direction along the right of way of Skyland Drive a distance of 50 feet, more or less, to a point on the northeasterly right of way of Skyland Drive; thence in a southeasterly direction along said right of way to a point with the southernmost corner of

Page 4254

Skyland Heights subdivision; thence in a northeasterly direction along the subdivision line of Skyland Heights to a corner with said subdivision; thence in a northwesterly direction along the subdivision line of Skyland Heights to a point on the southeastern subdivision line of Skyland Glen Unit 3; thence in a northeasterly direction along said subdivision line a distance of 2240 feet, more or less, to a point in the center of Big Haynes Creek; thence in a southerly direction along the center of said creek a distance of 139 feet, more or less, to a point; thence in a northeasterly direction a distance of 717 feet, more or less, to a point on the line dividing Land Lots 61 and 68; thence in a northwesterly direction along said land lot dividing line a distance of 734 feet, more or less, to a corner with the property of, now or formerly, DEC Associates, Inc.; thence northeasterly along the property line of DEC Associates, Inc. a distance of 1330 feet, more or less, to a corner of said property; thence in a southeasterly direction a distance of 800 feet, more or less, to a corner with Summit Chase Southwind Section subdivision; thence continue in a southeasterly direction along the southwest line of said subdivision to a corner located on the line dividing Land Lots 67 and 68; thence in a northeasterly direction along said land lot dividing line to a point common to Land Lots 67, 68, 93, and 94; thence continue in a northeasterly direction along the line dividing land lots 93 and 94 a distance of 1685 feet, more or less, to a corner with the property of, now or formerly, David F. Emanuel; thence in a southeasterly direction along the southwesterly property line of Emanuel to a point on the northwesterly right of way of Temple Johnson Road; thence in a northeasterly direction along said right of way a distance of 1282 feet, more or less, to a corner with the property of, now or formerly, Thurman Shumate, Jr.; thence in a northeasterly direction along the property line of Shumate to a point on the property line of Summit Chase County Club; thence in a southeasterly direction along the property line of Summit Chase Country Club to the northwesterly right of way of Temple Johnson Road; thence in a northeasterly direction along said right of way to a point on the southwesterly right of way of Brushy Fork Road; thence in a northwesterly direction along the southwesterly right of way of Brushy Fork Road a distance of 1270 feet, more or less, to a corner with Tomco Equipment

Page 4255

Company; thence in a northwesterly direction along the northernmost property line of Tomco Equipment Company to a point on the easterly right of way of Rosebud Road; thence in a westerly direction along the right of way of Rosebud Road a distance of 50 feet, more or less, to a point on the westerly right of way of Rosebud Road; thence in a northerly direction along said right of way a distance of 471 feet, more or less, to a point on the line dividing Land Lots 99 and 100; thence in a southwesterly direction a distance of 993 feet, more or less, to a corner with Summit Chase Classic Drive Section subdivision; thence in a northwesterly direction along the subdivision line of said subdivision a distance of 242 feet, more or less, to a corner with said subdivision; thence in a southwesterly direction along said subdivision line a distance of 357 feet, more or less, to a point on the line dividing land lots 93 and 100; thence in a northwesterly direction along said land lot dividing line to a point on the northerly right of way of Brooks Drive; thence in a northeasterly direction along said right of way a distance of 438 feet, more or less to a corner with Roman Catholic Archdioces; thence in a northwesterly direction along the property line of Roman Catholic Archdioces a distance of 1135 feet, more or less, to the property line of, now or formerly, W.R. Hutchins; thence in a northeasterly direction along the property line of Hutchins a distance of 1085 feet, more or less, to a corner with the property of, now or formerly, Grady T. Melton Jr., etal; thence in a southeasterly direction along the property line of Melton and the property line of, now or formerly, Action Properties Partner a distance of 206 feet, more or less, to a corner with Action Properties; thence in a northeasterly direction along the property line of Action Properties a distance of 311 feet, more or less, to a point on the property line of Melton; thence in an easterly direction along the property line of Melton a distance of 243 feet, more or less, to the westerly right of way of Rosebud Road; thence in a northerly direction along said right of way a distance of 566 feet, more or less, to a corner with Hutchins; thence in a southwesterly direction along the property line of Hutchins a distance of 292 feet, more or less, to a corner with the property of, now or formerly, F. Allen Cofer, Jr.; thence in a northwesterly direction along the property line of Cofer a distance of 126 feet, more or less, to a corner: thence along

Page 4256

said property line a distance of 155 feet, more or less, to a corner; thence continue along said property line 73 feet, more or less, to a corner; thence continue along said property line a distance of 133 feet, more or less, to the westerly right of way or Rosebud Road; thence in a northerly direction along said right of way a distance of 140 feet, more or less, to a corner with Cofer; thence in a westerly direction along the property line of Cofer a distance of 150 feet, more or less, to a corner; thence in a northerly direction along said property line a distance of 75 feet, more or less, to a corner; thence in a westerly direction along said property line a distance of 81 feet, more or less, to a corner; thence in a northerly direction along said property line a distance of 180 feet, more or less, to a point on the line dividing Land Lots 100 and 101; thence in a southwesterly direction along said land lot dividing line to a point common to Land Lots 92, 93, 100, and 101; thence continue in a southwesterly direction along the line dividing land lots 92 and 93 to a corner with Summit Chase Section 1 Unit 1 subdivision; thence in a northwesterly direction along the subdivision line of Summit Chase Section 1 Unit 1 to a point on the southerly right of way of Brooks Drive; thence in a northwesterly direction along said right of way to a corner with Summit Chase Section 1 Unit 1 subdivision; thence in a southwesterly direction along the subdivision line of said subdivision to a corner with Riverbend at Summit Chase subdivision; thence in a southwesterly direction along the line of said subdivision to a point in Land Lot 69 on the southeasterly right of way 210 feet from the land lot line common to 69 and 92; thence in a northwesterly direction to a corner with the property of, now or formerly, Charles T. Hilton, Jr.; thence in a northwesterly direction along the property line of Hilton to a point on the southerly right of way of U.S. Highway 78; thence in a westerly direction along said right of way to a point perpendicular to the intersection of the northerly right of way of U.S. Highway 78 and westerly right of way of N. Crestview Drive; thence in a northwesterly direction across the right of way of U.S. Highway 78 to said intersection; thence in a northerly direction along the westerly right of way of N. Crestview Drive to a point on the line dividing Land Lots 69 and 70; thence in a southwesterly direction along said land lot dividing line to a corner with the property of, now or

Page 4257

formerly, Gwinnett Management Corporation; thence in a northwesterly direction along the property line of Gwinnett Management to a point on the easterly right of way of Georgia Highway No. 84; thence in a westerly direction across said highway to a point on the westerly right of way of Ga. Highway 84; thence northerly along said right of way to the northernmost corner with the property of, now or formerly, NFB Enterprises, Inc.; thence in a westerly direction along the property of NFB Enterprises a distance of 134 feet, more or less, to a corner; thence in a southwesterly direction a distance of 380 feet more or less, to a corner with Saddle Club Estates Unit 1 subdivision; thence in a southwesterly direction along the line of said subdivision a distance of 635 feet, more or less, to a corner; thence in a southeasterly direction along the line of said subdivision to a point on the southeasterly right of way of Old Snellville-Grayson Highway; thence in a southwesterly direction along said right of way to a point perpendicular to the southernmost corner of Saddle Club Estates Unit 1 subdivision; thence in a northwesterly direction across the right of way of Old Snellville-Grayson Highway to said corner; thence in a northwesterly direction along the line of said subdivision a distance of 558 feet, more or less, to a corner; thence in a southwesterly direction along the line of said subdivision a distance of 610 feet, more or less, to a corner; thence in a northwesterly direction along the line of said subdivision to a point on the line dividing Land Lots 58 and 59; thence in a northeasterly direction along said land lot dividing line to a point on the southwesterly subdivision line of Southwood; thence in a southeasterly direction along said subdivision line to a corner; thence in a northeasterly direction along the southeasterly line of said subdivision to a corner; thence in a northwesterly direction along the northeasterly line of said subdivision to a corner; thence in a southwesterly direction along the line of said subdivision to a corner; thence in a northwesterly direction along the line of said subdivision and across the right of way of Pinehurst Road to a point on the northerly right of way of Pinehurst Road; thence in a northeasterly direction along said right of way to the easternmost corner with Woodland Hills subdivision; thence in a northwesterly direction along the northeasterly line of said subdivision to a corner with Snellville North Unit 4 subdivision; thence in a northwesterly direction

Page 4258

along the northeasterly line of Snellville North Unit 4 to a corner with Snellville North Unit 5; thence in a northeasterly direction along the southeasterly line of Snellville North Unit 5 to a corner; thence in a northwesterly direction along the line of said subdivision to a corner; thence in a southwesterly direction along the line of said subdivision to a corner; thence in a northwesterly direction along the line of said subdivision to a corner; thence in a southwesterly direction along the line of said subdivision to a corner; thence in a northwesterly direction along the line of said subdivision and the northeasterly subdivision line of Snellville North Unit 6 and across the right of way of Pharrs Road to a point on the northerly right of way; thence in a northeasterly direction along said right of way to the easternmost corner with Williams Manor subdivision; thence in a northwesterly direction along the northeasterly line of said subdivision to a corner; thence in a southwesterly direction along the northwesterly line of said subdivision and the property line of, now or formerly, Rubye M. Cates and across the right of way of North Road to a point on the westerly right of way; thence in a northerly direction along said right of way to a point on the line dividing Land Lots 73 and 74; thence in a southwesterly direction along said land lot dividing line to a point on the easterly right of way of Ga. Highway 124; thence in a southerly direction along said right of way to a point perpendicular to the easternmost corner of property of, now or formerly, Wayne and Anna Shackelford; thence in a northwesterly direction across the right of way of Ga. Highway 124 to said corner; thence in a north westerly direction along the property line of Shackelford a distance of 230 feet, more or less, to a corner; thence in a southwesterly direction along said property line a distance of 216 feet, more or less to a corner, thence in a southwesterly direction along said property line a distance of 70 feet, more or less, to a corner; thence in a northwesterly direction along said property line a distance of 161 feet, more or less, to a point on the line dividing Land Lots 55 and 56; thence in a southwesterly direction along said land lot dividing line to the northeasterly property line of, now or formerly, William C. Sawyer; thence in a northwesterly direction a distance of 34 feet, more or less, to a point on the property line of William C. Sawyer; thence in a southwesterly direction along the property line of

Page 4259

Sawyer a distance of 171 feet, more or less, to the northerly right of way of Janmar Road; thence in an easterly direction along said right of way a distance of 236 feet, more or less, to a point perpendicular to the point on the southerly right of way common to the property of, now or formerly, Mary Jim Lester and Waterford Township Unit 2 subdivision; thence in a southerly direction across the right of way of Janmar Road to said point on the southerly right of way; thence in a southwesterly direction along property of Lester to a corner with Waterford Township; thence in a southwesterly direction along the property line of Lester a distance of 1035 feet, more or less, to a corner; thence in a southeasterly direction a distance of 193 feet, more or less, to a corner with the property of, now or formerly, Margarite Price, thence in a southwesterly direction along the property line of Price a distance of 470 feet, more or less, to a corner; thence in a northwesterly direction along said property line to a point on the southeasterly right of way on Innsfail Drive; thence in a southwesterly direction along said right of way to a corner with Price; thence in a southeasterly direction along the property line of Price to a corner with Waterford Township; thence in a southwesterly direction along said property line a distance of 230 feet, more or less, to a point; thence in a southwesterly direction along said property line to a point with the property line of, now or formerly, Katherine Williams; thence in a northwesterly direction along the property line of Williams to a point on the line dividing Land Lots 41 and 56; thence in a southeasterly direction along said land lot dividing line to a corner with Surrey Farms Unit 2 subdivision; thence in a southwesterly direction along the subdivision line of Surrey Farms Unit 2 to a point with Surrey Farms Unit 1 subdivision; thence continue in a southwesterly direction along the subdivision line of Surrey Farms Unit 1 to a corner with the property of, now or formerly, Roger Lane; thence continue in a southwesterly direction along the property line of Lane to the northeasterly right of way of Dogwood Road; thence in a southeasterly direction along said right of way to a point perpendicular to the point on the southwesterly right of way of Dogwood Road common to Dogwood Plantation Unit 3 subdivision and the Clyde Williams Estate; thence in a southwesterly direction across the right of way of Dogwood Road to said point on the southwesterly right of way;

Page 4260

thence in a southwesterly direction along the subdivision lines of Dogwood Plantation Unit 3 and Dogwood Plantation Unit 2 to the line dividing Land Lots 24 and 41; thence in a southeasterly direction along said land lot dividing line to a point common to Land Lots 24, 25, 40 and 41; thence in a southwesterly direction along the line common to Land Lots 24 and 25 a distance of 1700 feet, more or less, to a point perpendicular to a point on the northwesterly right of way of Mountain View Road common to Brookwood Plantation Unit 1 and Williams Place Unit 1; thence in a northwesterly direction across the right of way of Mountain View Road to said point; thence in a northwesterly direction along the subdivision lines of Brookwood Plantation Unit 1, Dogwood Plantation Unit 2 and Dogwood Plantation Unit 1 to a point on the line dividing Land Lots 23 and 24; thence in a southwesterly direction along said land lot dividing line to the northeasterly right of way of Holly Brook Road; thence in a southeasterly direction along said right of way to the northerly right of way of Oak Road; thence in a southeasterly direction along the northerly right of way of Oak Road to the southeasterly right of way of Mountain View Road; thence in a southwesterly direction along the southeasterly right of way of Mountain View Road to a point common to Land Lots 8, 9, 24, and 25; thence in a northwesterly direction along the line dividing Land Lots 9 and 24 a distance of 900 feet, more or less, to a corner with Mountain View Baptist Tabernacle; thence in a southwesterly direction along the property line of Mountain View Baptist Tabernacle to a point on the easterly right of way of Mountain View Road; thence in a southerly direction along said right of way to a point perpendicular to the northernmost corner of Oak Meadow Unit 1 subdivision; thence in a westerly direction across the right of way of Mountain View Road to said corner of Oak Meadow Unit 1; thence in a southwesterly direction along the subdivision line of Oak Meadow to a corner; thence in a southeasterly direction along said subdivision line to a corner; thence in a southwesterly direction along said subdivision line to a corner; thence in a southeasterly direction along said subdivision line and the southwesterly subdivision line of Nob Hill Unit 3 to a point on the subdivision line of Manor Park Unit 2; thence in a southwesterly direction along the subdivision lines of Manor Park Unit 2 and Manor Park Unit 1

Page 4261

to the northeasterly right of way of McGee Road; thence in a southeasterly direction along said right of way a distance of 134 feet, more or less, to a point; thence in a southwesterly direction across the right of way of McGee Road to the northernmost corner of the property of, now or formerly, Helen L. Cox; thence in a southwesterly direction along the property line of Cox to a point on the line dividing Land District 5 and 6; thence in a southeasterly direction along said land district to the line dividing Land Lots 7 and 8; thence in a northeasterly direction along said land lot dividing line to a corner with the property of, now or formerly, South Gwinnett Athletic Association; thence in a southeasterly direction along the property line of South Gwinnett Athletic Association to the property line of, now or formerly, P. R. Britt; thence in a southeasterly direction along the property of Britt to the northerly right of way of U.S. Highway 78; thence in a southerly direction across U.S. Highway 78 to a point on the southerly right of way of U.S. Highway 78; thence in a westerly direction along said right of way to a point on the northwest corner with the property of Snellville Development Associates being the PLACE OR POINT OF BEGINNING. Also including the following: All that tract or parcel of land lying and being in Land Lot 24 of the 5th Land District of Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at a point formed by the intersection of the northerly right of way line of Mountain View Road and the westerly right of way line of Oak Road at a cement marker found, run thence along said right of way line of Mountain View Road along the arc of a curve to the right having a radius of 969.95 feet and an arc distance of 183.76 feet and being subtended by a chord bearing South 59 degrees 06 minutes 30 seconds West with a chord distance of 183.49 feet to a cement marker found; run thence North 35 degrees 45 minutes 20 seconds West a distance of 207.34 feet to an iron pin found; run thence North 62 degrees 21 minutes 25 seconds East a distance of 168.68 feet to an iron pin found; run thence South 40 degrees 18 minutes 10 seconds East a distance of 199.73 feet to a cement marker

Page 4262

found, said point being the TRUE POINT OF BEGINNING, said tract or parcel of land being shown as containing 0.8246 acres as per a certain plat of survey prepared for Zellema L. Ford, dated November 24, 1986, prepared by Solar Land Surveying Company, certified by John W. Stanzilis, Jr., Georgia Registered Land Surveyor No. 2109, to which plat reference is hereby made for all purposes. AND All that Tract or Parcel of Land lying and being in Land Lots 100 and 101 of the 5th Land District, Gwinnett County, Georgia; containing 17.6249 acres and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, begin at the Land Lot Corner common to Land Lots 92, 93, 100 and 101 of the 5th Land District of Gwinnett County, Georgia, said Land Lot Corner also being located on the Northeasterly City Limits Line of the City of Snellville, thence along the Land Lot Line dividing Land Lots 100 and 101 of said Land District N615625E for a distance of 929.03 feet to a point on said Land Lot Line and the aforesaid Northeasterly City Limits Line of the City of Snellville, said reached point also being the Southwesterly Corner of Land standing in the name of Gwinnett County Parks and Recreation Department; thence leaving said Land Lot Line dividing Land Lots 100 and 101 and the Northeasterly City Limits Line of the City of Snellville and across the aforesaid Lands of the Gwinnett County Parks and Recreation Department N042405E for a distance of 1121.76 feet to a point located on the Southeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 (180 R/W); thence across said U.S. Highway 78 and Ga. Highway 10 and continuing N042405E for a distance of 188.05 feet to a point located on the Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 (180 R/W), said reached point also being the TRUE POINT OF BEGINNING; thence leaving said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 and N251210E for a distance of 274.98 feet to a point; thence N632854W for a distance of 310.06 feet to a point located on the Southeasterly right of way line of Cooper Road (80 R/W); thence along said Southeasterly

Page 4263

right of way line of Cooper Road in a northerly direction a curvilinear Arc distance of 197.79 feet to a point, said curve being subtended by a chord of N240724E for a distance of 197.77 feet; thence leaving said Southeasterly right of way line of Cooper Road and S620801E for a distance of 314.11 feet to a point; thence N014719E for a distance of 38.03 feet to a point; thence S684326E for a distance of 1328.45 feet to a point located on the Northwesterly right of way line of Rosebud Road (60 R/W); thence along said Northwesterly right of way line of Rosebud Road S051305W for a distance of 494.32 feet to a point; thence continuing along said Northerly right of way line of Rosebud Road N844655W for a distance of 17.85 feet to a point; thence continuing along said northerly right of way line of Rosebud Road S142406W for a distance of 60.04 feet to a point located on the aforesaid Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 (86 R/W at this point); thence along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 N690356W for a distance of 213.56 to a point; thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 (86 R/W at this point) N463854W for a distance of 108.15 feet to a point (180 R/W at this point); thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 N684251W for a distance of 497.08 feet to a point; thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 N211709E for a distance of 20.08 feet to a point; thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 N683543W for a distance of 205.74 feet to a point; thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 S231311W for a distance of 20.07 feet to a point; thence continuing along said Northeasterly right of way line of U.S. Highway 78 and Ga. Highway 10 N684614W for a distance of 457.14 feet to a point, said reached point also being the TRUE POINT OF BEGINNING.

Page 4264

AND All those tracts or parcels of land lying and being in Land Lot 101 of the 5th Land Districts, Gwinnett County, Georgia and being more particularly described as follows: BEGIN at the intersection of the northerly right of way of U.S. Highway 78 and the easterly right of way of Cooper Road; thence in a southeasterly direction along the northerly right of way of U.S. Highway 78 a distance of 314 feet, more or less, to a point on the property line of, now or formerly, Ellis L. Brooks; thence in a northeasterly direction along the property line of Brooks to a point on the property line of, now or formerly, Rex Greene; thence in a northwesterly direction along the property line of Greene to the easterly right of way of Cooper Road; thence in a southeasterly direction along said right of way to the right of way of U.S. Highway 78 and the POINT OR PLACE OF BEGINNING. AND To find the PLACE OR POINT OF BEGINNING, begin at the intersection of the northerly right of way of U.S. Highway 78 and the westerly right of way of Cooper Road; thence in a northeasterly direction along the westerly right of way of Cooper Road a distance of 262 feet, more or less, to a corner with, now or formerly, Mr. Mrs. William J. Greene said point being the PLACE OR POINT OF BEGINNING; thence continue in a northeasterly direction along said right of way a distance of 1356 feet, more or less, to a corner; thence in a northwesterly direction along the property line of Greene a distance of 1169 feet, more or less to a point on the line dividing Land Lots 101 and 102; thence in a southwesterly direction along said land lot dividing line a distance of 1404 feet, more or less, to the southwesterly property line of, now or formerly, Sarah Giles Moore; thence in a southeasterly direction along said property line to the northerly right of way of U.S. Highway 78; thence in an easterly direction along said right of way a distance of 959 feet, more or less, to a corner; thence in a northeasterly direction along the property line of Moore to a corner with Greene; thence in a southeasterly direction along the property line of Greene a distance of 173 feet,

Page 4265

more or less, to the westerly right of way of Cooper Road said point being the PLACE OR POINT OF BEGINNING. AND ALL THAT TRACT or parcel of land lying and being in Land Lot 61 of the 5th Land District of Gwinnett County, Georgia, being shown as Tract A containing 0.2826 Acre on plat of survey for James P. and Donna A. Johnson prepared by Michael A. Royston Associates, Inc., dated April 11, 1989, and being more particularly described as follows: TO FIND THE TRUE PLACE OR POINT OF BEGINNING, begin at the point of intersection of the northeasterly right of way of Skyland Drive (having a 60-foot right of way) with the land lot line dividing Land Lots 36 and 61, said District and County; running thence northwesterly along the northeasterly right of way of Skyland Drive, and following the curvature thereof, 202.91 feet to an iron pin; leaving said right of way, thence North 24 degrees 47 minutes 10 seconds East 79.36 feet to an iron pin located on the land lot line common to said Land Lots 36 and 61, and the TRUE PLACE OR POINT OF BEGINNING; from said beginning point as thus established, thence North 31 degrees 26 minutes 08 seconds West along the aforementioned land lot line 180.46 feet to an iron pin found; thence North 24 degrees 47 minutes 10 seconds East 31.89 feet to an iron pin; thence South 65 degrees 12 minutes 50 seconds East 150.00 feet to an iron pin; thence South 24 degrees 47 minutes 10 seconds West 132.23 feet to the iron pin located at the TRUE PLACE OR POINT OF BEGINNING. And excluding the following: All that tract or parcel of land lying and being in Land Lot 40 of the 5th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGIN at the intersection of the northeasterly right of way of Dogwood Road and the line dividing Land Lots 40 and 41; thence in a southeasterly direction along the

Page 4266

northeasterly right of way of Dogwood Road a distance of 315 feet, more or less, to a corner with Dogwood Manor subdivision; thence in a northeasterly direction along the line of said subdivision a distance of 350 feet, more or less, to a point on the line dividing Land Lots 40 and 41; thence in a southwesterly direction along said land lot dividing line to the right of way of Dogwood Road said point being the PLACE OR POINT OF BEGINNING. AND All those tracts or parcels of land lying and being in Land Lots 56,57 and 73 of the 5th Land District, Gwinnett County, Georgia and being more particularly described as follows: BEGIN at the intersection of the easterly right of way of Ga. Highway 124 and the northerly right of way of Shannahan Place; thence in a southeasterly direction along the right of way of Shannahan Place a distance of 120 feet, more or less, to a corner with, now or formerly, Lee A Lauderdale; thence in a northeasterly direction along the property line of Lauderdale a distance of 155 feet, more or less, to the property line of, now or formerly, Wesley E. Hamilton; thence in a southeasterly direction along the property line of Hamilton a distance of 60 feet, more or less, to a corner; thence in a northeasterly direction along the property lines of Hamilton, now or formerly, James and Mary Gresham, and Richard and Virginia Clifton a distance of 325 feet, more or less, to a corner with Clifton; thence continue in northeasterly direction along the property line of Clifton a distance of 336 feet, more or less, to a corner; thence in a northwesterly direction along the property of Clifton a distance of 260 feet, more or less, to a point on the southeasterly right of way of Pharrs Road; thence in a northeasterly direction along said right of way to the easterly right of way of North Road; thence in a northerly direction along the easterly right of way of North Road to the northernmost corner of the property of, now or formerly, Alessa Robb; thence in a southeasterly direction along the property of Robb to a point on the subdivision line of Deerfield Commons; thence in a southwesterly direction along said subdivision line to a point on the line dividing

Page 4267

Land Lots 56 and 73; thence in a southeasterly direction along said land lot dividing line to a point common to Land Lots 56, 57, 72 and 73; thence in a southeasterly direction along the line common to Land Lots 57 and 72 to a corner with Town Estates Unit 2 subdivision; thence in a southwesterly direction along the subdivision line of Town Estates to a point on the easterly right of way of North Road; thence in a westerly direction across the right of way of North Road to a point on the subdivision line of Town Estates Unit 1; thence in a southwesterly direction along said subdivision line to a corner common to the line dividing Land Lots 40 and 57; thence in a northwesterly direction along said subdivision line to a point on the easterly right of way of Ga. Highway 124; thence in a northerly direction along said right of way to the northerly right of way of Shannanhan Place said point being the PLACE OR POINT OF BEGINNING. AND All those tracts or parcels of land lying and being in Land Lot 59 of the 5th Land District, Gwinnett County, Georgia and being more particularly described as follows: To find the place or point of beginning begin at the intersection of the southerly right of way of U.S. Highway 78 and the westerly right of way of Cindy Lane; thence in a southerly direction along said right of way of Cindy Lane a distance of 230 feet, more or less, to a corner with Evergreen Estates Unit 1 being the PLACE OR POINT OF BEGINNING: thence in a southwesterly direction along the subdivision line of Evergreen Estates to a corner; thence in a southeasterly direction along the line of said subdivision to a corner; thence in a northeasterly direction along the line of said subdivision to a corner; thence in a northwesterly direction along the line of said subdivision to a corner; thence in a southwesterly direction along the line of said subdivision to a point on the easterly right of way of Abington Lane; thence across the said right of way to a point on the westerly right of way at the line of said subdivision; thence in a westerly direction along the line of said subdivision to a point on the easterly right of way of Cindy Lane; thence in a northeasterly direction across said right of way

Page 4268

to a corner of Evergreen Estates Unit 1 said point being the PLACE OR POINT OF BEGINNING. AND All those tracts or parcels of land lying and being in Land Lots 60, 61, and 68 of the 5th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGIN at the intersection of the southerly right of way of Rockdale Circle and the line dividing Land Lots 37 and 60; thence in a southeasterly direction along said land lot dividing line to a point common to Land Lots 36, 37, 60, 61; thence continue in a southeasterly direction along the line dividing Land Lots 36 and 61 to a point on the line of Skyland Glen Unit 1 subdivision; thence in a northeasterly direction along the line of said subdivision a distance of 256 feet, more or less, to a corner with the property of, now or formerly, Hutchinson; thence in a northwesterly direction along the property of Hutchinson to a corner; thence in a northwesterly direction a distance of 180 feet, more or less, to the right of way of Rockdale Circle; thence in a northerly direction along said right of way a distance of 205 feet, more or less, to a corner with Lynnbrook Springs subdivision; thence in an easterly direction along the line of said subdivision a distance of 150 feet, more or less, to a corner; thence in a northerly direction along the line of said subdivision a distance of 135 feet, more or less, to a corner; thence in a westerly direction along the line of said subdivision a distance of 156 feet, more or less, to a corner on the easterly right of way of Rockdale Circle; thence in a northeasterly direction along said right of way a distance of 262 feet, more or less, to a corner with Lynnbrook Springs; thence in an easterly direction along the line of said subdivision a distance of 868 feet, more or less, to a point on the subdivision line of Skyland Glen Unit 2; thence in a northeasterly direction along said subdivision line and the subdivision lines of Charleston Lake Unit 1 and Brookeside Meadows Unit 1 to the center line of Big Haynes Creek; thence in a northeasterly direction along the center line of Big Haynes Creek a distance of 2750 feet, more or less, to the subdivision line of Martin's Pointe; thence in a

Page 4269

southwesterly direction along the line of said subdivision to a point on the line dividing Land Lots 68 and 69; thence in a southwesterly direction along said land lot dividing line to a corner with the property of, now or formerly, The Mitchell Company; thence in a northwesterly direction along the property line of The Mitchell Company to a corner with the property of, now or formerly, Raymond Moon, Jr.; thence in a southwesterly direction along the property lines of Moon and John M. Borek, Jr. to the property line of Cornerstone Ventures; thence in a southeasterly direction along the property line of Cornerstone Ventures a distance of 75 feet, more or less, to a corner; thence in a southwesterly direction along said property line a distance of 1194 feet, more or less, to a point on the northeasterly right of way of Rockdale Circle; thence in a northwesterly direction along said right of way to a point perpendicular to the southermost corner of, now or formerly, Steven B. Todd; thence in a westerly direction along the property line of Todd to a corner with, now or formerly, Hazel L. Lee; thence in a southwesterly direction through the property of Lee to a point on the line dividing Land Lots 37 and 60; thence in a southeasterly direction along said land lot dividing line a distance of 560 feet, more or less, to the southerly right of way of Rockdale Circle said point being the PLACE OR POINT OF BEGINNING. AND All that tract or parcel of land lying and being in Land Lots 94 and 93 of the 5th Land District of Gwinnett County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the southerly right of way line of Summit Turf Lane and the westerly right of way line of Rosebud Road, 25 feet east of the center line of pavement along said road, run thence along said right of way line of Rosebud Road a distance of 129 feet to a point; run thence North 66 degrees 09 minutes 50 seconds West a distance of 15.12 feet to a point, said point being the TRUE POINT OF BEGINNING; run thence along the arc of a curve to the left having an arc distance of 10.09 feet and a radius of 560.871 feet and

Page 4270

being subtended by a chord bearing South 16 degrees 08 minutes 05 seconds West having a chord distance of 10.09 feet; run thence North 66 degrees 09 minutes 50 seconds West a distance of 128.79 feet to a point; run thence North 72 degrees 30 minutes 00 seconds West a distance of 257.01 feet to a point; run thence North 32 degrees 43 minutes 00 seconds West a distance of 314.96 feet to a point; run thence North 41 degrees 08 minutes 00 seconds West a distance of 756.07 feet to a point; run thence North 74 degrees 49 minutes 36 seconds West a distance of 355.61 feet to a point; run thence North 88 degrees 31 minutes 56 seconds West a distance of 131.39 feet to a point; run thence North 01 degrees 28 minutes 04 seconds East a distance of 183 feet to a point; run thence South 88 degrees 31 minutes 56 seconds East a distance of 131.39 feet to a point; run thence South 01 degree 28 minutes 04 seconds West a distance of 172.71 feet to a point; run thence South 74 degrees 49 minutes 36 seconds East a distance of 361.07 feet to a point; run thence South 41 degrees 08 minutes 00 seconds East a distance of 759.84 feet to a point; run thence South 32 degrees 43 minutes 00 seconds East a distance of 312.08 feet to a point; run thence South 72 degrees 30 minutes 00 seconds East a distance of 253.95 feet to a point; run thence South 66 degrees 09 minutes 50 seconds East a distance of 128 feet to a point, said point being the TRUE POINT OF BEGINNING, said tract or parcel of land being shown as containing 0.968 acres of land according to a certain plat of survey of Summit Chase Country Club, Inc., dated March 3, 1987, prepared by Pinion McGaughey, Land Surveyors, Inc., certified by George H. Pinion, Georgia Registered Land Surveyor No. 1606, to which plat reference is hereby made for all purposes. Section 2A. The corporate limits of the City of Snellville shall not include the following described property: ALL OF THAT TRACT or parcel of land lying in Land Lot 59 of the 5th District of Gwinnett County and being more particularly described as follows: Beginning at the intersection of the southern right-of-way of U. S. Highway 78 (being a 100 foot right-of-way) and the western right-of-way of Abington Lane (being a 60

Page 4271

foot right-of-way) proceed thence westerly along the southern right-of-way of U. S. Highway 78 for a distance of 155.15 feet to a point and the TRUE POINT OF BEGINNING; proceed thence S13702W for a distance of 103.67 feet to a point; proceed thence S722056E for a distance of 64.84 feet to a point; proceed thence S04836E for a distance of 124.97 feet to a point; proceed thence N691756E for a distance of 143.93 feet to a point; proceed thence along the right-of-way of Abington Lane on an arc to the left with a radius of 242.207 feet for a distance of 24.82 feet to a point; proceed thence S512637E along said right-of-way for a distance of 33.93 feet to a point; proceed thence along said right-of-way on an arc to the right with a radius of 410.737 feet for a distance of 60.70 feet to a point; thence S225835E along said right-of-way for a distance of 58.56 feet to a point; proceed thence N822235W for a distance of 429.10 feet to a point; proceed thence N92135W for a distance of 324.13 feet to a point; proceed thence along the right-of-way of U. S. Highway 78 on an arc to the right with a radius of 1382.395 feet for a distance of 151.60 feet to a point; proceed thence S814838E along said right-of-way for a distance of 26.38 feet to a point; proceed thence S81122W along said right-of-way for a distance of 10.00 feet to a point; proceed thence S814838E along said right-of-way for a distance of 20.00 feet to a point; proceed thence N81122E along said right-of-way for a distance of 10.00 feet to a point; proceed thence S814838E along said right-of-way for a distance of 5.27 feet to a point; proceed thence N13702E along said right-of-way for a distance of 6.00 feet to a point and the TRUE POINT OF BEGINNING. Said tract or parcel contains 2.068 acres as shown on a plat by Hannon, Meeks and Bagwell dated 1-30-74. 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 1990 session of the General Assembly of Georgia a bill to amend an

Page 4272

Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, Ex. Sess., p. 775), as amended; as to deannex certain properties and for other purposes. This 8th day of February, 1990. 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 9, 1990. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 5th day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 20, 1990.

Page 4273

CAMDEN COUNTY PUBLIC SERVICE AUTHORITY CREATION. No. 887 (House Bill No. 2031). AN ACT To create the Camden County Public Service Authority; to provide a short title; to provide for the constitutional authority for said Authority; to define certain terms; to provide for the purpose, functions, and activities of said Authority; to provide for the composition of said Authority, the terms of office of members, the filling of vacancies, and the reimbursement of expenses of members; to provide for the initial and subsequent meetings of the Authority; to provide for the powers of the Authority; to provide for the fiscal year of the Authority; to provide for annual budgets and audits; to provide that moneys received by the Authority shall be trust funds; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, contractual agreements, and earnings of the Authority and to pay the cost of such undertakings or projects; to authorize the authority to engage in other public services and service related program systems; to 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; to define the rights of the holders of such obligations; to provide that no debt of the State of Georgia, City of St. Marys, City of Kingsland, City of Woodbine, or Camden County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the Authority exempt from taxation; to provide for the Authority to condemn property; to fix the venue or 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. Short title. This may be cited as the Camden County Public Service Authority Act. Section 2. Camden County Public Service Authority. (a) There is hereby created in and for the County of Camden and

Page 4274

the municipal corporations of Kingsland, St. Marys, and Woodbine a public body corporation and by such name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the Trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. (b) Constitutional authority; finding of public purposes; tax exemption. This public service authority is enacted pursuant to the authority granted to the General Assembly by the Constitution of Georgia. This authority is created for nonprofit and public purposes, and it is found, determined, and declared that the creation of this Authority and the carrying-out of its corporate purposes are in all respects for the benefit of the people of Camden County and that the Authority is an institution of purely public charity and will be performing essential governmental functions in the exercise of the power conferred upon it by this Act. For such reasons, the state covenants from time to time with the holders of the bonds issued under this Act that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase prices, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. (c) (1) Definitions. As used in this Act, the term: (A) Authority means the public corporation created pursuant to this Act. (B) Cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, the cost of engineering, architectural, fiscal and legal expenses, and of plans and

Page 4275

specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of the project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve and such other reserves as may be reasonably required by the Authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any 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. (C) County means Camden County. (D) Governing body means the elected or duly appointed officials constituting the governing body of each municipal corporation and Camden County. (E) Municipal corporation means each incorporated municipality within the county. (F) Project means any undertaking authorized under paragraph (4) of Code Section 36-82-61 of the O.C.G.A. (G) Public buildings or facilities means any local government capital infrastructure and equipment necessary for the delivery of public services. (H) Public service means an activity that is deemed necessary for the health and welfare of the general public and for the maintenance of an adequate life standard.

Page 4276

(I) Revenue bonds and bond 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 proceeding; provided, however, that revenue bonds may be issued only to finance projects. (J) Service related program systems means those components necessary for the delivery of public services that are not related to or classified as capital infrastructure. (2) Any project shall be deemed self-liquidating if, in the sole judgment of the Authority, the reveneues 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. (d) The corporative purpose and objective of the Authority is to provide the legal, political, developmental, financing, and operational structure and authorization for those projects, public services, and facilities deemed necessary for the public health and welfate that may be undertaken through the cooperative efforts of the Board of Commissioners of Camden County or one or more of the municipal corporations within said county or such other agencies or organizations authorized to undertake such cooperative activities or projects. Participation of any governmental entity or agency or the inclusion of the residents of a political subdivision into the sphere of services and functions of said Authority and the charging and taxing of such entities or residents for such services and functions shall only occur through contractual agreement between the Authority and the respective political subdivision or agency. This provision shall not prohibit or restrict the Authority in the undertaking of projects, services, and facilities or the financing of same, where the Authority has a contractual agreement with one or more political subdivisions within the county which has authority by way of law or by historical precedent relative to the provision of a given function within its legally defined jurisdiction.

Page 4277

(e) In the exercise of the stated purpose and objective, the Authority shall be empowered to undertake any service, function, or activity that is authorized by law for municipalities, counties, and resource recovery authorities, including but not restricted to the development, financing, construction, and operation of public buildings or facilities and service-related program systems such as solid waste collection and disposal services and facilities; resource recovery systems and facilities; recreational, sports and civic-related services and facilities including parks, playgrounds, community centers, pools, auditoriums, stadiums, gymnasiums, and various activity and athletic fields and courts; fire protection services and facilities; emergency medical services and facilities; comprehensive community planning and code enforcement services and programs; economic and industrial development programs and facilities; airports; medical services and facilities including general hospitals, mental health facilities, and nursing or convalescence care facilities; and emergency communication services and systems; provided, however, that revenue bonds may be issued only to finance projects. (f) The Authority shall be composed of five members: the Mayors of the City of Kingsland; City of St. Marys; City of Woodbine; the Chairman of the Camden County Board of Commissioners; and one other member of the Board of Commissioners who shall be designated by said Board based on the commissioner representing the district with the largest number of unincorporated residents. Should that commissioner be the chairman of the Board of Commissioners, the designation shall be one other member from the Board of Commissioners so designated by said board. Said designation shall be based on the most recent official Census of Camden County conducted by the Bureau of the Census, United States Department of Commerce and the commission district reapportionment plan. The Mayors of the three respective municipalities shall serve during their tenure as mayor, whereas, the representatives of the County Board of Commissioners shall serve one year terms. 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 until his successor shall be so elected. Should one or more of said municipalities exercise the option not to participate within the Authority, said jurisdiction or jurisdictions shall yield its representation on the Authority and in such case the representation of the

Page 4278

Board of Commissioners shall be increased respectively, but in no case will the membership exceed five. (g) Immediately after the passage of this Act, the governing bodies of the City of Kingsland, City of St. Marys, and the City of Woodbine and the Board of Commissioners of Camden County shall indicate by resolution their respective participation within the Authority and the designation of their initial representative as provided in this section. Said resolutions shall be certified by the clerks of the respective governing bodies and delivered to the Clerk of the Superior Court of Camden County, who shall call the initial organizational meeting of the Authority, at which time said certifications shall be made part of the official records of the Authority. At said initial meeting, the designated members shall enter upon their duties and shall hold an organizational meeting, the purpose of which shall include the election of one of their number as Chairman and another as Vice Chairman. The members shall also elect a Secretary and Treasurer, or a Secretary-Treasurer who need not be a member of the Authority. An Assistant Secretary may also be elected at the discretion 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 the rights and powers of and perform all the duties and obligations of the Authority. The members of the Authority shall not be entitled to any compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority may make rules and regulations and adopt bylaws for its own government. The Authority shall have perpetual existence. Section 3. Powers. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power: (a) To have a seal and alter the same at its pleasure; (b) To acquire, in its own name, by purchase, lease, gift or otherwise, and to hold, lease and dispose of real and personal property of every kind and character necessary and convenient for its corporate purposes; and to insure the same against any and all risks as such insurance may, from time to time, be available;

Page 4279

(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights and 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 disposal of the same in any manner it deems to the best advantage of the Authority. The authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, 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; (d) To enter into agreements with the City of Kingsland, City of St. Marys, City of Woodbine, or Camden County, or with any other political subdivision or municipal corporation of the state with respect to any aspect of the corporative purpose of the Authority or the financing, operation, or administration of same; (e) To appoint, select and employ, officers, agents and employees, and adopt rules and regulations governing their services and fix their respective compensations and terms of employment. With respect to legal counsel, the initial counsel shall be the designated legal counsel to the Board of Commissioners of Camden County; (f) To make contracts, leases, and to execute all instruments necessary or convenient relative to any aspect of the corporate purpose of the Authority, including contracts for construction of facilities and leases of facilities or contracts with respect to the use of facilities which it cause 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 municipal corporations located in Camden County are hereby authorized to enter into contracts, leases or agreements as they deem advisable; and without limiting the generality of the

Page 4280

above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the corporative purposes of the Authority for a term not exceeding 50 years; (g) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (h) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage facilities and services, as defined in this Act, the cost of any such facilities and services to be paid in whole or in part from the proceeds of user fees, revenues, contractual agreements 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; (i) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality or political subdivision thereof; (j) To make loans with, and accept grants or loans 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; (k) 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; (l) 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;

Page 4281

(m) To prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls, or charges for the projects, services, facilities, or commodities furnished, and in anticipation of the collection of the revenues of any such 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 any project relative to the corporative purpose, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such project, including the revenues of improvements, betterments or extensions thereto thereafter made; (n) To issue revenue anticipation notes with said notes secured by revenues to be received by the Authority from any source from which the Authority is authorized to receive such funds. These notes may be authorized, sold, executed, and delivered in the same manner as bonds. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which the bonds are to be issued; (o) To recommend to the Board of Commissioners of Camden County for creation and implementation of special service tax districts, the purpose of which shall be provide, in whole or in part, funding for the operation, administration, and maintenance of public services and facilities undertaken within the corporative purpose of the Authority and obligated by contract with the several municipal corporations and the county. Said moneys received by the Authority pursuant to contract shall be held in trust as provided in Section 7 of this Act. The creation of any special service tax district and levy of any taxes there within shall be in accordance with the contractual provisions within Section 2(d) of this Act; (p) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and to approve, execute and deliver appropriate evidence of any such indebtedness, providing no such power is in conflict with the Constitution or general laws of this State; (q) To create, at the discretion of the Authority, technical advisory groups or citizen advisory boards or commissions for the purpose of technical or citizen input into Authority activities;

Page 4282

(r) To exercise any one or more of the powers, rights, and privileges of an authority created pursuant to Chapter 63 of Title 36 of the O.C.G.A., the Resource Recovery Development Authorities Law; (s) To do all things necessary or convenient to carry out the powers set forth in this Act. Section 4. Fiscal Year. The fiscal (accounting) year of the Authority shall run from October 1 of a given calendar year to September 30 of the succeeding calendar year. Section 5. Budget. The Authority shall develop a financial and program work plan for both capital and operational requirements for the Authority's activities for each fiscal year. Said plan shall be known as the Annual Operating and Capital Budget of the Camden County Public Service Authority. The plan shall be adopted on or before September 30 of any given year, with an effective date of October 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The Authority shall give at least two weeks public notice, by way of publication in the legal organ of the county, prior to adopting the annual budget. Said notice shall clearly state all proposed fees, charges, taxes, and other sources of revenue and their proposed usage. Prior to budget adoption, the Authority shall hold a public hearing for the purpose of receiving public comment. Said hearing date, time, and place shall be so noted in the required public notice. Section 6. Annual Audit. Each year the Authority shall have made an independent audit and examination of the Authority's financial records and transactions. Said Audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review and provided to each participating jurisdiction. Section 7. Monies received and considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of shortterm loans, as grants or other contributions, or as revenues, fees, taxes, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

Page 4283

Section 8. Revenue bond. (a) Financing; Revenue bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 30 years from their date or dates, shall be made 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. In lieu of specifying the rate or rates of interest which revenue bonds to be issued by the Authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. 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. (b) Form; denomination; registration; place of payment. The Authority shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place and places of payment of principal and interest thereof, which may be

Page 4284

at any bank or trust company within or without the State. The bonds shall be issued and provision may be made for registration, conversion and exchangeability privileges, 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. (c) Signature; seals. All bonds shall bear the manual or facsimile signature of the Chairman or Vice Chairman of the Authority, 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. In case any officer whose signature shall appear on any bonds 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. (d) Negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer and the income therefrom shall be exempt from all taxation within the State. (e) Sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. (f) Proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are

Page 4285

issued, the surplus shall be used for paying the principal of and the interest on such bonds. (g) Interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restriction, issue interim receipts, interim certificates or temporary bonds, exchangeable for definitive bonds upon the issuance of the latter. (h) Replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. (i) conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the Authority by a majority of the quorum as in this Act is provided. (j) 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, the City of Kingsland, the City of St. Marys, the City of Woodbine, or of Camden County, nor a pledge of the faith and credit of the said state, cities or county, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said state, cities 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 fact covering substantially the foregoing provisions of this section. (k) 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 pledge or assign fees, tolls, charges, revenues and

Page 4286

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

Page 4287

were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest on such revenue bonds as such interest shall fall due, (2) the 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 in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. (n) 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 herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. (o) Refunding bonds. The Authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any revenue bonds issued

Page 4288

under the provisions of this Act and then outstanding, together with the accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. (p) 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 Camden County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (q) Validation. Bonds of the Authority shall be issued, confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. All revenue bonds shall bear a certificate of validation. The signature of the Clerk of the Superior Court of Camden 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. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the Authority to furnish or receive the services and facilities of the public service systems deemed appropriate upon agreement of the county and the participating municipalities 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 exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, instrumentality or other party contracting with the said Authority.

Page 4289

(r) Interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 9. Rules and regulations for operation of projects and services. It shall be the duty of the Authority to prescribe rules and regulations for the operation of projects and services undertaken under the provisions of this Act. Section 10. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 11. 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 12. 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 13. Repeal. This Act does not in any way take from the City of Kingsland, City of St. Marys, City of Woodbine or from the Board of Commissioners of Camden County or any municipality located therein or in any adjoining county the authority to exercise their legal functions as provided by law or issue revenue bonds as is provided by the Revenue Bond Law of Georgia.

Page 4290

Section 14. Effective date. 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. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a Bill to create the Camden County Public Service Authority; to provide for membership of the Camden County Public Service Authority; to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This 24th day of January, 1990. BOARD OF COMMISSIONERS OF CAMDEN COUNTY, GEORGIA STATE OF GEORGIA COUNTY OF CAMDEN Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Lisa M. Ganser who states on oath that he/she is Editor of The Southeast Georgian and that the Notice to Introduce Local Legislation (copy of which is attached hereto) was published in the January 24, 1990 issue of The Southeast Georgian. /s/ Lisa M. Ganser TITLE: Editor

Page 4291

Sworn to and subscribed before me this 26 day of Jan., 1990. /s/ Regina Simpson Notary Public My Commission Expires: (SEAL) Approved March 20, 1990. CITY OF BUFORD HOMESTEAD EXEMPTION; REFERENDUM. No. 894 (Senate Bill No. 645). AN ACT To provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each resident of the City of Buford who is 65 years of age or over or who is disabled and who meets the requirements of subsection (b) of this section is granted an exemption on that person's homestead from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of that resident's homestead, as defined and qualified

Page 4292

in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income as defined by Georgia law, from all sources, except as otherwise provided in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (c) In order to qualify for the exemption granted to disabled persons provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2. The governing authority of the City of Buford or its designee shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who occupies and resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A.

Page 4293

Section 4. After any such owner has filed the proper affidavit and, if disabled, the proper certificate, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Buford who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Buford or its designee in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Buford ad valorem taxes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 7. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Buford 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 Buford for approval or rejection. The election superintendent shall conduct that election on or before August 1, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

Page 4294

() YES () NO Shall the Act be approved which provides a homestead exemption from all City of Buford ad valorem taxes for any city purposes in the amount of $30,000.00 of the assessed value of a resident's homestead for residents of the City of Buford who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 of this Act shall become of full force and effect immediately. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Buford. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon is becoming 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 Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and Section 28-1-14 of the Official Code of Georgia Annotated, (Michie), notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide an exemption from City of Buford and valorem taxes for the full value of homesteads of residents of the City of Buford who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in

Page 4295

excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 5th day of January, 1990. PRUITT BRITT CITY ATTORNEYS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donn M. Peevy, who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 5, 1990. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4296

DEKALB COUNTY COMMISSION; MEMBERS; EXPENSE ALLOWANCE. No. 895 (Senate Bill No. 710). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), is amended by striking paragraph (3) of Section 8 of the 1981 amendatory Act, as amended by the 1989 amendatory Act, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (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 $300.00 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.

Page 4297

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 1990 session of the General Assembly of Georgia a bill to amend an Act of revising, superceding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended; and for other purposes. This 8th day of January, 1990. Honorable James W. Tysinger Senator, 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st 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 18, 1990. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1992. (Seal). Approved March 22, 1990.

Page 4298

CITY OF SUGAR HILL CORPORATE LIMITS. No. 896 (Senate Bill No. 720). AN ACT To amend an Act providing a new charter for the City of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4603), 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 Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4603), is amended by adding at the end of subsection (a) of Section 1.11A a new paragraph to be designated paragraph (7) to read as follows: (7) TRACT 7: All that tract or parcel of land lying and being in Land Lots 346, 347, 348, 366 and 367 of the 7th Land District, Gwinnett County, Georgia designated as Tracts 6, 7, 8, 9, 10 and 11 on that certain plat of survey prepared for Guy Findley and Baron Herman, Inc. dated October 9, 1987, last revised November 4, 1987, and being recorded at Plat Book 44, Page 196, Gwinnett County, Georgia Records, and being more particularly described as follows: BEGINNING at a point which is the intersection of Land Lots 366, 365, 347 and 348 of the 7th Land District of Gwinnett County, running thence along the Land Lot line separating land Lots 366 and 347, South 60 degrees 11 minutes 2 seconds

Page 4299

West, a distance of 50 feet, to an iron pin found; thence South 88 degrees 49 minutes 09 seconds East, a distance of 1661.58 feet, to a point; thence North 53 degrees 23 minutes 26 seconds East, a distance of 315.60 feet, to a point; thence North 88 degrees 44 minutes 19 seconds East, a distance of 309.73 feet, to a point; thence South 55 degrees 29 minutes 04 seconds East, a distance of 150 feet, to a point on the northwest right-of-way of Suwanee-Buford Dam Road (80 foot right-of-way); thence South 34 degrees 48 minutes 54 seconds West, a distance of 101.19 feet, to an iron pin placed; thence South 34 degrees 30 minutes 56 seconds West, a distance of 47.77 feet, to a point; thence South 31 degrees 44 minutes 25 seconds West, a distance of 32.24 feet, to a point; thence leaving said right-of-way of Suwanee-Buford Dam Road and running South 60 degrees 00 minutes 00 seconds West, a distance of 801.25 feet, to a point; thence South 65 degrees 29 minutes 43 seconds West, a distance of 73.12 feet to a point; thence South 52 degrees 53 minutes 18 seconds West, a distance of 39.68 feet, to a point; thence South 31 degrees 32 minutes 08 seconds West, a distance of 50.30 feet, to a point; thence South 21 degrees 44 minutes 40 seconds West, a distance of 50.48 feet, to a point; thence South 09 degrees 49 minutes 25 seconds West, a distance of 404.43 feet, to a point; thence South 01 degree 25 minutes 49 seconds West a distance of 102.81 feet, to a point; thence South 12 degrees 41 minutes 16 seconds East, a distance of 76.31 feet, to a point on the Suwanee-Buford Dam Road (80 foot right-of-way); thence continuing along said right-of-way South 33 degrees 53 minutes 24 seconds West, a distance of 421.37 feet, to a point; thence leaving said right-of-way and running South 68 degrees 46 minutes 39 seconds West, a distance of 56.14 feet to a point; thence South 61 degrees 17 minutes 47 seconds West, a distance of 40.97 feet, to a point; thence South 56 degrees 49 minutes 16 seconds West, a distance of 21.19 feet, to a point; thence South 30 degrees 05 minutes 47 seconds East, a distance of 65.18 feet, to a point on the said right-of-way of Suwanee-Buford Dam Road; thence continuing along said right-of-way South 33 degrees 25 minutes 35 seconds West, a distance of 364.81 feet, to a point; thence South 26 degrees 38 minutes 14 seconds West, a distance of 130.48 feet, to a point; thence South 17 degrees 15 minutes 15 seconds West, a distance of 136.01 feet, to a point; thence South 08 degrees 12 minutes 26 seconds West, a distance of 123.11 feet, to a point; thence leaving said right-of-way of Suwanee-Buford

Page 4300

Dam Road and running North 14 degrees 56 minutes 34 seconds West, a distance of 178.18 feet, to a point; thence South 77 degrees 27 minutes 01 second West, a distance of 267.98 feet to a point; thence South 27 degrees 31 minutes 13 seconds West, a distance of 241.38 feet, to a point; thence South 80 degrees 56 minutes 35 seconds West, a distance of 739.60 feet, to a point; thence South 82 degrees 52 minutes 26 seconds West, a distance of 94.41 feet, to a point; thence North 48 degrees 31 minutes 13 seconds West, a distance of 433.50 feet, to a point; thence North 48 degrees 21 minutes 52 seconds West, a distance of 1185.85 feet, to a point; thence South 11 degrees 15 minutes 03 seconds West, a distance of 1502.23 feet, to an iron pin found on the northern right-of-way of Georgia Highway #20 (100 foot right-of-way); running thence along said right-of-way North 81 degrees 18 minutes 30 seconds West, a distance of 635.33 feet, to a point; thence North 19 degrees 14 minutes 40 seconds East, a distance of 1454.49 feet, to a point; thence South 65 degrees 10 minutes 03 seconds West, a distance of 75 feet to a point; thence South 65 degrees 10 minutes 03 seconds West, a distance of 325.50 feet, to a point; thence South 65 degrees 10 minutes 39 seconds West, a distance of 303.62 feet, to a point; thence North 29 degrees 53 minutes 48 seconds West, distance of 1177.20 feet, to a point; thence South 81 degrees 01 minute 00 seconds West, a distance of 581.85 feet to a point; thence North 00 degrees 50 minutes 36 seconds West, a distance of 707.95 feet, to a point; thence North 38 degrees 22 minutes 07 seconds East, a distance of 565.70 feet, to a point; thence North 38 degrees 22 minutes 07 seconds East, a distance of 96.53 feet, to a point; thence North 62 degrees 59 minutes 03 seconds East, a distance of 100 feet to a point; thence North 62 degrees 59 minutes 03 seconds East, a distance of 272.42 feet to a point; thence South 32 degrees 36 minutes 48 seconds East, a distance of 504.66 feet, to a point; thence South 51 degrees 40 minutes 49 seconds East, a distance of 361.17 feet, to a point; thence North 73 degrees 40 minutes 19 seconds East, a distance of 319.82 feet to a point; thence South 41 degrees 10 minutes 00 seconds East, a distance of 85.67 feet, to a point; thence South 41 degrees 10 minutes 00 seconds East, a distance of 186.83 feet to a point; thence North 69 degrees 30 minutes 00 seconds East, a distance of 181.40 feet to a point; thence North 24 degrees 50 minutes 00 seconds East, a distance of 121.08 feet, to a point; thence North 24 degrees 50 minutes 00 seconds East, a distance of 335.32 feet, to a point; thence North

Page 4301

11 degrees 13 minutes 38 seconds East, a distance of 607.92 feet, to a point; thence North 72 degrees 48 minutes 10 seconds East, a distance of 267.18 feet, to a point; thence South 41 degrees 59 minutes 22 seconds East, a distance of 265.38 feet, to a point; thence South 02 degrees 20 minutes 30 seconds West, a distance of 175.72 feet, to a point; thence South 47 degrees 03 minutes 41 seconds East, a distance of 253.64 feet, to a point; thence South 84 degrees 29 minutes 37 seconds East, a distance of 513.59 feet to a point; thence South 29 degrees 06 minutes 11 seconds East, a distance of 505.11 feet, to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an act providing a new City Charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (GA. L. 1975, page 3232, as amended) to provide for a change in the corporate limits of the City and for other purposes. This 30th day of January, 1990. /s/ Mayor and Council City of Sugar Hill, Georgia 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 5, 1990. /s/ Donn M. Peevy Senator, 48th District

Page 4302

Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CHATHAM COUNTY CERTAIN COURT OFFICIALS; COMPENSATION; COST-OF-LIVING INCREASE. No. 897 (Senate Bill No. 749). 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4221), so as to change the compensation of certain officials; to provide for cost-of-living increases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4221), 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) 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

Page 4303

authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner.....$ 53,000.00 per annum Sheriff.....$ 54,000.00 per annum Clerk of the superior court..... 40,000.00 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..... 52,500.00 per annum Judge of the juvenile court..... 52,500.00 per annum Judge of the state court..... 71,000.00 per annum Chief magistrate of the magistrate court..... 52,500.00 per annum Coroner..... 8,200.00 per annum (b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees. 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 1990 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, 1966 (Ga. L. 1966, p. 4797), as amended; and for other purposes.

Page 4304

This 2nd day of February, 1990. Honorable Albert J. Scott Senator, 2nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Scott, who, on oath, deposes and says that he is Senator from the 2nd 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: February 5, 1990. /s/ Al Scott Senator, 2nd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. COBB COUNTY STATE COURT; JUDGES; SALARY. No. 898 (Senate Bill No. 756). 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 15, 1989 (Ga. L. 1989, p. 3752), so as to change the compensation of the judges of the second division

Page 4305

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 15, 1989 (Ga. L. 1989, p. 3752), is 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 $59,850.00, 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 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 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 1990 session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. 1964, p. 3211), and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS

Page 4306

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: December 29, 1989. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4307

COBB COUNTY STATE COURT; SOLICITOR; ASSISTANT SOLICITORS; SALARY. No. 899 (Senate Bill No. 757). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4224), so as to increase the compensation of the solicitor and assistant solicitors; 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 Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4224), is amended by striking subsections (b) and (d) of Section 27 of said Act in their entirety and inserting in lieu thereof new subsections (b) and (d) to read as follows: (b) (1) The compensation of the solicitor shall be $68,250.00 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, 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

Page 4308

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. (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 $17,850.00 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 $17,850.00 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. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211) and for other purposes.

Page 4309

This 29th day of December, 1989. /s/Hugh A. Ragen CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN 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: December 29, 1989. /s/ Charles C. Clay Senator, 37th District

Page 4310

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. GORDON COUNTY ENHANCED 911 EMERGENCY TELEPHONE SERVICE. No. 900 (Senate Bill No. 758). AN ACT To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; 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 Gordon County Emergency Communications Service District Act. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings:

Page 4311

(1) District means the corporate boundaries, including its municipalities, of Gordon County, Georgia, providing an enhanced emergency telephone number 911 system. (2) Enhanced emergency telephone number 911 system means emergency 911 service that provides the telephone number and the location of the calling party to the public safety answering point. (3) Exchange access facilities means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, wide area telecommunications service (WATS), foreign exchange (FX), or incoming other lines. (4) Governing authority means the board of commissioners of Gordon County. (5) 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. (6) Service supplier means any legal entity providing exchange telephone service to any service user in the district. (7) Service user means any legal entity who is provided exchange telephone service in the district. (8) 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.

Page 4312

Section 3. Establishment and funding of district. (a) The governing authority may establish by ordinance an enhanced emergency telephone number 911 system district and levy an emergency telephone service charge in an amount not to exceed the total operating budget of the emergency telephone number 911 system divided by the total number of exchange access facilities within the district. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possible in conformity with the availability of such service in any area of the district; and the funds generated by the service charge shall be utilized by the county solely to defray the actual cost of communication equipment and communication personnel hired primarily to operate and maintain 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) The governing authority may impose the emergency telephone service charge provided for in subsection (a) of this section in an amount not to exceed $1.50 per month per exchange access facility provided to the service user. (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 ordinance enacted by the governing authority. 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. The service supplier shall provide the governing authority with the name and address of each user who has notified the service supplier in writing of such user's refusal to pay the emergency telephone service charge. The service supplier shall so notify the governing authority within 60 days of receipt of such notice by the user. The service charge shall be collected at the same time as the tariff rate in accordance with the regular billing practice

Page 4313

of the service supplier; provided, however, that no such charge shall be levied or collected prior to 30 days following the date the enhanced emergency telephone number 911 system becomes fully operational. (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 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 to the district. 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 maintained by the governing authority. (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, as 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 3 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.

Page 4314

(f) The emergency telephone service charge is not subject to state and local tax. (g) The service charge does not apply to exchange access facilities provided to federal, state, and local governments. 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 and law enforcement 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 to be known as the Gordon County Emergency Communications Advisory Board shall be created and comprised of 15 members as follows: (1) A member of the board of commissioners of Gordon County, Georgia, to be appointed by the board; (2) A member from each of the incorporated municipalities in Gordon County who shall be a member of and appointed by the governing authority of the municipality; (3) The sheriff of Gordon County; (4) The Gordon County Emergency Management Director; (5) A member from an organized fire department in Gordon County appointed by the board of commissioners of Gordon County; (6) A member from a municipal police department in Gordon County appointed by the board of commissioners of Gordon County;

Page 4315

(7) A member from an emergency medical or ambulance service in Gordon County appointed by the board of commissioners of Gordon County; and (8) A member who is a citizen at large of Gordon County appointed by the board of commissioners of Gordon County. (b) Members shall serve for terms of four years and until their successors are appointed, provided that when a member ceases to serve in a public or governmental office which causes the person to be eligible to serve on the advisory board, a vacancy in such office is created. Vacancies on the advisory board shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (c) The advisory board shall assist the governing authority in: (1) Reviewing and analyzing the progress by public safety agencies in developing enhanced 911 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of an enhanced 911 system; (3) Identifying mutual aid agreements necessary to effect the enhanced 911 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the governing authority. Section 6. Status of district employees and assets. All district employees, operations, and assets shall be in accordance with the governing authority's rules and regulations.

Page 4316

Section 7. 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 8. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; and for other purposes. This 8th day of January, 1990. Max R. Brannon Honorable Max R. Brannon Senator, 51st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max R. Brannon, who, on oath, deposes and says that he is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following date: January 10, 1990. /s/ Max R. Brannon Senator, 51st District

Page 4317

Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. FAYETTE COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; TERM; REFERENDUM. No. 901 (Senate Bill No. 760). AN ACT To provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to provide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The school superintendent of the Fayette County School System in office on January 1, 1990, shall serve out that person's term of office, which shall expire December 31, 1992, and upon the appointment and qualification of a successor. All future school superintendents of the Fayette County School System shall be appointed by majority vote of the Fayette County Board of Education for such definite term of office, not exceeding four years, as may be established by the board. Any vacancy occurring in the office of school superintendent shall be filled within 90 days by the board of education appointing, by majority vote, a person to fill the unexpired term and until a successor is appointed and qualified. All constitutional and statutory provisions relating to county school superintendents and not in conflict with this Act

Page 4318

shall be applicable to the school superintendent appointed by the Fayette County Board of Education. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fayette County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fayette County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide November general election in 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 Fayette County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the appointment of the school superintendent of the Fayette County School System? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1993. 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 Fayette 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 session of the General Assembly of Georgia, a bill to provide for the

Page 4319

appointment of the School Superintendent, of the Fayette County School System; to provide for a referendum; and other purposes. This 20th day of February, 1990. Committee for the Appointed Superintendent By: Richard P. Fehr Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bev Engram, who, on oath, deposes and says that she is Senator from the 34th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following date: February 22. 1990. /s/ Bev Engram Senator, 34th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1990.

Page 4320

CITY OF DECATUR BOARD OF EDUCATION; MEMBERS; TERMS. No. 902 (House Bill No. 2002). AN ACT To amend an Act creating and establishing a charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3436), and by an Act approved March 30, 1987 (Ga. L. 1987, p. 4895), so as to provide for an additional member of the Board of Education of the City of Decatur; to provide for terms of office; 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 and establishing a charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3436), and by an Act approved March 30, 1987 (Ga. L. 1987, p. 4895), is amended by striking from the first introductory paragraph of Section 45A the word six relating to the number of members of the board of education and inserting in its place the word seven and striking the date May 1, 1971 and inserting the date May 1, 1990, so that said paragraph as amended shall read as follows: Section 45A. Effective May 1, 1990, the Board of Education of the City of Decatur shall be composed of seven members, and membership on the Board shall be designated by Posts as follows: Section 2. Said Act is further amended by adding to the end of Section 45A, after the sentence Post No. 6 - not now occupied., the following new sentence: Post No. 7 - not now occupied. Section 3. Said Act is further amended by adding in Section 45A a new paragraph immediately preceding the last paragraph thereof to read as follows:

Page 4321

For Post No. 7 a member of the Board shall be elected to take office May 1, 1990, for a term to expire December 31, 1993. Thereafter all successors shall serve for terms of three years. Section 4. Said Act is further amended by striking the last paragraph of Section 45A and inserting in its place the following: The seven-member Board provided for in this section shall be a continuation of the six-member Board existing heretofore. 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 1990 session of the General Assembly of Georgia a bill to amend the Charter of the city of Decatur Georgia, so as to provide for an additional member of the Board of Education, increasing the membership of the Board of Education from six to seven. This 1st day of February, 1990. Michael Mears, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 1, 1990. /s/ Frank L. Redding, Jr. Representative, 50th District

Page 4322

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. TOWN OF POOLER MAYOR; ALDERMEN; ELECTION; TERMS. No. 903 (House Bill No. 2012). AN ACT To amend an Act creating a new Charter for the Town of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3865), so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Aldermen; to provide for the authority of this Act; 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 Town of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3865), is amended by striking Section 5.12 and inserting in its place a new Section 5.12 to read as follows: Section 5.12. Regular Elections: Time for Holding. The Mayor and six Aldermen elected in January, 1989, whose terms normally expire in February, 1991, shall remain in office until December 31, 1991, and until their successors are elected and qualified. On the Tuesday next following the first Monday in

Page 4323

November of 1991 and biennially thereafter, the successors to such Mayor and Aldermen 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 elections. 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 given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend the Charter of the Pooler, as amended to provide for an election date for the mayor and aldermanic board; to provide for two year terms for the mayor and aldermanic board; and for other purposes. This 16th day of February, 1990. Ronald E. Ginsberg City Attorney, Pooler Georgia 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: February 17, 1990. /s/ Sonny Dixon Representative, 128th District

Page 4324

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. EMANUEL COUNTY BOARD OF COMMISSIONERS; SALARY. No. 904 (House Bill No. 2014). AN ACT To amend an Act creating a board of commissioners for Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3822), so as to change the compensation of the members and chairman of that board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3822), is amended by striking Section 14 thereof, which reads as follows: Section 14. Each member of the board shall be compensated in the amount of $200.00 per month, payable from funds of the county, except that the chairman shall be compensated in the amount of $500.00 per month. Each member shall be reimbursed for actual expenses incurred while on official business of the board. All amounts shall be paid by the treasurer of

Page 4325

the county on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury, and military duty and shall be subject to prosecution for malpractice in office in the same manner as magistrates., and inserting in its place the following: Section 14. Each member of the board shall be compensated in the amount of $200.00 per month, except that the chairman shall be compensated in the amount of $500.00 per month and except that each member of the board elected to a new term of office after January 1, 1990, shall thereafter be compensated in the amount of $400.00 per month and each member elected as chairman of the board on or after January 1, 1991, shall thereafter be compensated in the amount of $700.00 per month during such person's term as chairman. Each member shall be reimbursed for actual expenses incurred while on official business of the board. All amounts shall be payable from funds of the county and be paid by the treasurer of the county on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury, and military duty and shall be subject to prosecution for malpractice in office in the same manner as magistrates. 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 1990 session of the Georgia General Assembly local legislation changing the method of compensation of members of the Emanuel County Board of Commissioners and the method of compensation of the chairman of the Emanuel County Board of Commissioners. This 19th of February, 1990. Larry J. Parrish State Representative

Page 4326

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, who, on oath, deposes and says that he is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blade which is the official organ of Emanuel County, on the following date: February 21, 1990. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 23rd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. TOWN OF RINCON CORPORATE LIMITS. No. 905 (House Bill No. 2016). AN ACT To amend an Act creating a new charter for the Town of Rincon, approved March 13, 1978 (Ga. L. 1978, p. 3307), as amended, so as to clarify and redefine the corporate limits of said 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 Rincon, approved March 13, 1978 (Ga. L. 1978, p. 3307), as

Page 4327

amended, is amended by striking Section 1-2 in its entirety and substituting in lieu thereof a new Section 1-2 to read as follows: Section 1-2. Corporate Limits. The corporate limits of the Town of Rincon shall include all the area embraced within the following described tracts of land: All that tract of land being in the form of a circle, and extending from the center in all directions a radial distance of one and one fourth mile (6600 feet); the center point of said circle being located at Georgia State Plane Coordinates, East Zone, N.A.D.83, N - 835,663.02, E - 943,442.01. This being the approximate center of the old Rincon Depot. Said center point located grid bearing South 2 degrees, 6 minutes, 58 seconds East, a distance of 884.74 feet from National Geodetic Survey monument RIN 1982. Also those four parcels of land previously annexed by the City of Rincon by the following ordinances: 1 - Ordinance 84-001, February 13, 1984 202.41 acres as shown on plat recorded in Plat Book 13, Page 217, in the office of the Clerk of Superior Court of Effingham County, Georgia. 2 - Ordinance 87-001, January 12, 1987 14.72 acres as shown on plat recorded in Plat Book 18, Page 74 in the Office of the Clerk of Superior Court of Effingham County, Georgia. 3 - Ordinance 88-001-A, January 11, 1988 113.58 acres as shown on plat recorded in Plat Book 18, Page 179, in the Office of the Clerk of Superior Court of Effingham County, Georgia. 4 - Ordinance 88-001-B, January 11, 1988 420.96 acres as shown on plat recorded in Plat Book 23, Page 232, in the Office of the Clerk of Superior Court of Effingham County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4328

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION There will be introduced in the 1990 General Assembly a bill to amend the charter of the Town of Rincon for the purpose of more exactly describing the present town limits of said Town: Feb. 14 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 14, 1990. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1990.

Page 4329

COBB COUNTY TAX COMMISSIONER; CHIEF CLERK; EXECUTIVE SECRETARY; SALARY. No. 906 (House Bill No. 2018). 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: 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 $58,500.00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $50,200.00, 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.

Page 4330

(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 $31,100.00 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 1990 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, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary; and for other purposes. This 20th day of February, 1990. Honorable William J. Gresham Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Gresham, 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

Page 4331

which is the official organ of Cobb County, on the following date: February 21, 1990. /s/ Johnny Gresham Representative, 21st District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1990. CRAWFORD COUNTY BOARD OF COMMISSIONERS; SALARY; REFERENDUM. No. 907 (House Bill No. 2019). AN ACT To amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4124), so as to change the compensation of the members of said board of commissioners; 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 Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4124), is amended by striking Section 7-A in its entirety and inserting in lieu thereof a new Section 7-A to read as follows:

Page 4332

Section 7-A. The Chairman of the Board of Commissioners of Crawford County shall receive an annual salary of $3,600.00 payable in equal monthly installments from the funds of the county. The other members of the Board of Commissioners of Crawford County shall receive an annual salary of $3,000.00 payable in equal monthly installments from the funds of the county. Each member, including the chairman, shall also receive a travel allowance in the amount of $2,400.00 per annum, 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 upon its becoming law without such approval. Section 3. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Crawford County shall call and conduct an election for the purpose of submitting this Act to the electors of Crawford 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 Crawford County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the compensation of the members and Chairman of the Board of Commissioners of Crawford 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; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Crawford County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 4333

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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), so as to change the compensation of the commissioners; to provide for a referendum; and for other purposes. This 19th day of Feb., 1990. Alfornia Hatcher David Moncrief Perry Atkinson Raymond Corbin Freddie Tidwell 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 22, 1990. /s/ Robert Ray Representative, 98th District

Page 4334

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. BARTOW COUNTY SHERIFF; CLERK OF SUPERIOR COURT; JUDGE OF PROBATE COURT; SALARIES. No. 908 (House Bill No. 2024). 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4740), 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 for a cost-of-living adjustment; to provide 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4740), 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 $48,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be

Page 4335

in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the sheriff. Beginning on January 1, 1992, the sheriff shall also receive a yearly cost-of-living adjustment of 3 percent of his salary and thereafter such adjustment shall be computed at such salary plus any cost-of-living increases which have been 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 salary of $40,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the clerk of superior court. (2) Beginning on January 1, 1992, the clerk of the Superior Court of Bartow County shall also receive a yearly cost-of-living adjustment of 3 percent of the amount provided in paragraph (1) of this subsection and thereafter such adjustment shall be computed at such salary plus any cost-of-living increases which have been received by the clerk of superior court. 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 salary of $40,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the judge of the probate court. (2) The judge of the Probate Court of Bartow County shall also receive a yearly cost-of-living adjustment of 3 percent of the amount provided in paragraph (1) of this subsection and thereafter such adjustment shall be computed at such salary plus any cost-of-living increases which have been received by the judge of the probate court.

Page 4336

Section 4. This Act shall become effective on 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 given that there will be introduced at the regular 1990 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 9th day of February, 1990. (s) Hugh Boyd Pettit III GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 of Bartow County, on the following date: February 15, 1990. /s/ Hugh Boyd Pettit III Representative, 19th District.

Page 4337

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. BARTOW COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; SALARY. No. 909 (House Bill No. 2025). 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), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4743), so as to change the compensation of the chief magistrate; to provide for a cost-of-living adjustment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4743), 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 salary of $40,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of

Page 4338

all fees, costs, and perquisites of whatever kind heretofore received by the chief magistrate. (b) Beginning on January 1, 1992, the chief magistrate of the Magistrate Court of Bartow County shall also receive a yearly cost-of-living adjustment of 3 percent of the amount provided in paragraph (1) of this subsection and thereafter such adjustment shall be computed at such salary plus any cost-of-living increases which have been received by the tax commissioner. 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 1990 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), as amended; and for other purposes. This 9th day of February, 1990. (s) Hugh Boyd Pettit III GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 15, 1990. /s/ Hugh Boyd Pettit III Representative, 19th District

Page 4339

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. BARTOW COUNTY COMMISSIONER; SALARY. No. 910 (House Bill No. 2026). 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 30, 1989 (Ga. L. 1989, p. 4737), so as to change the compensation of the commissioner; to provide for a cost-of-living adjustment; to provide 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 30, 1989 (Ga. L. 1989, p. 4737), is amended by striking Section 16 of said Act and inserting in lieu thereof a new Section 16 to read as follows: Section 16. (a) The commissioner of Bartow County shall receive a salary of $50,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. (b) Beginning on January 1, 1992, the commissioner shall also receive a yearly cost-of-living adjustment of 3 percent of the amount provided in subsection (a) of this section and thereafter

Page 4340

such adjustment shall be computed at such salary plus any cost-of-living increases which have been received by the commissioner. 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 1990 session of the General Assembly of Georgia a bill to amend an Act Creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; and for other purposes. This 9th day of February, 1990. (s) Hugh Boyd Pettit III GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 15, 1990. /s/ Hugh Boyd Pettit III Representative, 19th District

Page 4341

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. BARTOW COUNTY TAX COMMISSIONER; SALARY. No. 911 (House Bill No. 2027). 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4734), so as to change the compensation of the tax commissioner; to provide for a cost-of-living adjustment; to provide 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4734), 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 salary of $40,500.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the tax commissioner.

Page 4342

(2) Beginning on January 1, 1992, the tax commissioner of Bartow County shall receive a yearly cost-of-living adjustment of 3 percent of the amount provided in paragraph (1) of this subsection and thereafter such adjustment shall be computed at such salary plus any cost-of-living increases which have been received by the tax commissioner. 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 1990 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 9th day of February, 1990. /s/ Hugh Boyd Pettit III GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Boyd Pettit III, 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 15, 1990. /s/ Hugh Boyd Pettit III Representative, 19th District

Page 4343

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. COBB COUNTY STATE COURT; CLERK; SALARY. No. 912 (House Bill No. 2030). 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 22, 1989 (Ga. L. 1989, p. 4205), 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 22, 1989 (Ga. L. 1989, p. 4205), 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 $46,085.00 per annum to be paid in equal monthly installments from funds of Cobb County. Section 2. Said Act is further amended by striking from Section 23 the following:

Page 4344

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., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $57,317.00, 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 1990 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. 3605); and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM
Page 4345

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: December 29, 1989. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. PIKE COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 913 (House Bill No. 2035). AN ACT To amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (Ga. L. 1966, p. 2821), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4230), so as to change the expense allowance of the chairman and members of the

Page 4346

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 fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (Ga. L. 1966, p. 2821), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4230), is amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The salaries of the members of the Board of Commissioners of Pike County, except for the chairman, shall be $3,000.00 per annum and an expense allowance of $150.00 per month, and the chairman shall receive $3,600.00 per annum and an expense allowance of $150.00 per month, 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 hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill to change the travel and expense allowance of the Chairman and members of the Board of Commissioners of Pike County, to repeal conflicting laws and for other purposes. This 16th day of February, 1990. A.B. Sawyer, Clerk

Page 4347

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Yates, who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter which is the official organ of Pike County, on the following date: February 21, 1990. /s/ John P. Yates Representative, 75th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF AUGUSTA MAYOR AND COUNCILMEMBERS; NOTICE OF CANDIDACY. No. 914 (House Bill No. 2036). AN ACT To amend an Act providing a charter for the City of Augusta, approved January 31, 1798, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 10, 1959 (Ga. L. 1959, p. 2774), an Act approved March 17, 1960 (Ga. L. 1960, p. 3161), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3236), so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or

Page 4348

the office of councilmember of the city council of Augusta; to repeal certain conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The charter for the City of Augusta, approved January 31, 1798, as amended, was repealed by an Act providing for a reorganized government in Richmond County, approved March 15, 1988 (Ga. L. 1988, p. 3987), which Act was ratified by the voters of Richmond County and the City of Augusta at an election held November 8, 1988. Pursuant to the federal Voting Rights Act of 1965, as amended, the Act providing for repeal of the charter of the City of Augusta and a reorganized government for Richmond County and an Act providing for the Augusta-Richmond County Commission-Council, approved March 15, 1988 (Ga. L. 1988, p. 3971), as amended, was submitted to the United States Department of Justice for approval, which approval was denied. An action is currently pending in the United States District Court for the District of Columbia regarding approval of the above-cited consolidation Acts. This amendment shall be effective until such time as a final judgment is rendered by said court declaring that said Acts satisfy Section 5 of said Voting Rights Act. Section 2. An Act providing a charter for the City of Augusta, approved January 31, 1798, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 10, 1959 (Ga. L. 1959, p. 2774), an Act approved March 17, 1960 (Ga. L. 1960, p. 3161), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3236), is amended by striking from the eleventh unnumbered paragraph of Section 1 of the amendatory Act of 1955, as amended by Section 2 of the amendatory Act of 1969, the following phrase as it appears in the first sentence of the said eleventh unnumbered paragraph, as amended: At least fifteen (15) days, but not more than forty-five (45) days before said election,, and substituting in lieu thereof the following: At least 22 days, but not more than 29 days before said election,,

Page 4349

so that when so amended, said eleventh paragraph shall read as follows: Notification of Candidacy for Mayor or Council. Every person hereafter intending to become a candidate for the office of the Mayor of the City of Augusta or for membership in the city council of said city, whichever the case may be at any regular or special city election, shall either by themselves or by the proper authorities of the party nominating them, file notice of their candidacy with the mayor or mayor pro tempore of the City of Augusta, the same time filing a copy of said notification of their candidacy with the clerk of council of the city council of Augusta, at least 22 days, but not more than 29 days before said election. Said declaration or notification of such intention, which shall state the position, and in the case of the candidacy being for membership in the city council, the ward in which said candidate is offering for election and anyone filing such declaration shall do so during the office hours of the city offices prescribed by the ordinances of the city council of Augusta. A written acknowledgement of the receipt of such declaration from said clerk or his deputy shall always be evidence of its filing. Upon the filing of a copy of said notification with the clerk of council of the city council of Augusta, each candidate for the office of mayor shall pay an entrance fee as required by law and each candidate for membership in the city council shall pay an entrance fee as required by law. Such entrance fees shall not be refunded, even in the event of the withdrawal of the candidate, but shall be used for the purpose of partially defraying the cost of holding the election. Provided, that in the event a candidate for the office of mayor of the City of Augusta shall die between the expiration of the time for qualifying and the time fixed by law for the election, the election for mayor in that event shall be held on such day as may be fixed by the city council of Augusta at a special meeting to be called by the mayor or mayor pro tempore, which said special meeting shall be held within 15 days from the date of the death of the deceased candidate for the office of mayor, with the date of the election being fixed at least 30 days, but not more than 50 days, after said special meeting, and the entrance fee of the deceased candidate shall be refunded to his legal representative.

Page 4350

Section 3. All provisions of the charter for the City of Augusta, approved January 31, 1798, as amended, 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 1990 Session of the General Assembly of Georgia a bill to amend the Charter and Laws pertaining to the City Council of Augusta, so as to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of Mayor, or for the office of Councilmember of City Council of Augusta, to repeal conflicting laws, and further purposes. This 20th day of February, 1990. Paul H. Dunbar, III Attorney for City Council of Augusta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following date: February 20, 1990. /s/ Jack Connell Representative, 87th District

Page 4351

Sworn to and subscribed before me, this 23rd day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1990. WALTON COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 915 (House Bill No. 2039). AN ACT To amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county, approved March 24, 1988 (Ga. L. 1988, p. 4710), so as to change the definition of homestead; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county; to provide for applicability; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county, approved March 24, 1988 (Ga. L. 1988, p. 4710), is amended by striking paragraph (2) of Section 1 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

Page 4352

(2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the real property included in the homestead shall not exceed one acre. Section 2. Said Act is further amended by striking Section 2 thereof in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) Each resident of the Walton County School District who is at least 65 years of age but less than 70 years of age is granted an exemption on that person's homestead from all Walton County School District ad valorem taxes in the amount which is the greater of $20,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $15,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. (b) Each resident of the Walton County School District who is 70 years of age or older is granted an exemption on that person's homestead from all Walton County School District ad valorem taxes in the amount which is the greater of $30,000.00 or the exemption amount granted by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walton County School District for approval or rejection. The election superintendent shall conduct that election on the date of the July, 1990, primary election 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 kl block

Page 4353

20915 REC 10801 to be published once a week for two weeks immediately preceding the date thereof in the official organ of Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Walton County School District ad valorem taxes for educational purposes to residents of that county who are at least 65 years of age, but less than 70 years of age, and whose annual incomes do not exceed $15,000.00, the amount of the exemption to be $20,000.00, and for residents who are 70 years of age or older, without any income limitations, the amount of the exemption to be $30,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Walton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act approved March 24, 1988 (Ga. L. 1988, p. 4710), so as to change the amount of the homestead exemption from Walton County

Page 4354

School District ad valorem taxation for educational purposes for persons age 65 or older and to change the maximum allowable income for such persons; to provide for a referendum; to repeal conflicting laws; and for other purposes. The 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4355

EASTERN JUDICIAL CIRCUIT DISTRICT ATTORNEY; SALARY SUPPLEMENT. No. 916 (House Bill No. 2040). AN ACT To amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, approved February 10, 1970 (Ga. L. 1970, p. 13), so as to change the amount of such 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 to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, approved February 10, 1970 (Ga. L. 1970, p. 13), 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. In addition to the salary and allowances received by the district attorney of the Eastern Judicial Circuit from the State of Georgia, said district attorney shall receive an annual supplementary base salary of $14,000.00 plus an additional sum of $960.00 for each four-year period of service as the district attorney of the Eastern Judicial Circuit, up to a maximum supplement of $17,000.00 per annum. Said supplement shall be paid from the funds of Chatham County as a part of the operating expenses of the Chatham County Superior Court. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval, provided that the additional supplement for each four-year period of service shall apply to subsequent periods of service by the district attorney after completion of the current four-year term of office being served on the effective date of this Act.

Page 4356

Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, G. M. Bucky Johnson, to me known, who being sworn, deposes and says: That he is the Advertising Director 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 Feb 23, 1990, and finds that the following Advertisement, to-wit: Notice is hereby given of intention to apply to the General Assembly of Georgia at its 1990 Session for the passage of a Bill amending Ga. Law 1970, p. 13 pertaining to the salary of the district attorney of the Eastern Judicial Circuit of Georgia, and to repeal all other laws which may be in conflict. This 22nd day of February, 1990. James Pannell. appeared in each of said editions /s/ G. M. Johnson (Deponent)

Page 4357

Sworn to and subscribed before me this 23 day of Feb, 1990 /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 (SEAL) Approved March 22, 1990. WALTON COUNTY BOARD OF COMMISSIONERS; ELECTION; CONTRACTS. No. 917 (House Bill No. 2041). AN ACT To amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2475), so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract; 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 Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2475), 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. For the purpose of electing members to the Board of Commissioners of Walton County, Walton County is divided into four commissioner districts, as established in the action, Robert Howard, et al v. Board of Commissioners of Walton County, Georgia, et al , in the United States District

Page 4358

Court for the Middle District of Georgia, Athens Division, Civil Action No. 75-67-ATH, decision rendered July 29, 1976. There shall be elected to the board one member from each of the commissioner districts. Postitions on the board shall be numbered 1 through 5, respectively. Candidates, in order to be eligible for election to the board for positions 1 through 4, must be a resident of the commissioner district which corresponds by number to the position on the board for which they offer as a candidate. Position No. 5 on the board shall be the chairman and he may reside in any district within the county. A candidate for the board of commissioners shall be elected only by the voters of the district for which such candidate is offering. At the general election in November of 1992, those persons elected from Districts 3 and 4 shall be elected for terms of two years each and until their successors are elected and qualified. Thereafter, candidates for the positions of Districts 3 and 4 shall be elected for terms of four years and until their successors are elected and qualified. Those persons elected from Districts 1 and 2 and Position No. 5 in the November, 1992, general election shall be elected for terms of four years and until their successors are elected and qualified. All members of the Board of Commissioners of Walton County shall take office on the first day of January following their election. Section 2. Said Act is further amended by striking Section 6 thereof in its entirety and inserting in its place a new section to read as follows: Section 6. The Board of Commissioners shall hold a regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the meeting shall be determined by the board in the first meeting after the passage of this Act and in the first meeting of the board in the year 1991, and each year thereafter. Any resolution passed by the board regarding the date, time, and place of its monthly meeting shall be published in the official county organ once a week for two weeks immediately following the passage of the resolution. The Board of Commissioners may hold such additional meetings as shall be deemed necessary when called by the

Page 4359

chairman or any three commissioners. At all such called meetings the chairman or vice chairman shall preside and on all questions that may be disposed of there shall be a concurrence of a majority of the commissioners. No official action shall be taken except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. Section 3. Said Act is further amended by striking subsection (c) of Section 14, which reads as follows: (c) The chairman shall give his whole time and attention to the business of said county and shall keep his office in the Courthouse in the City of Monroe. All powers to purchase and contract shall vest in the full five (5) man board on matters over $500.00. All contracts over $500.00 shall be approved and signed by a majority vote of said board before they are entered into. All purchases under five hundred $500.00 dollars may be made by the chairman at his discretion. The chairman may purchase items costing less than $500.00 without the necessity of securing competitive bids. Except as provided above, the full board is hereby vested with complete authority and control over all county matters., and inserting in lieu thereof a new subsection (c) of Section 14 to read as follows: (c) The chairman shall give his whole time and attention to the business of said county. All powers to purchase and contract shall vest in the full five-man board on matters over $1,500.00. All contracts over $1,500.00 shall be approved and signed by a majority vote of said board before they are entered into. All purchases under $1,500.00 may be made by the chairman at his discretion. The chairman may purchase items costing less than $1,500.00 without the necessity of securing competitive bids. Except as provided above, the full board is vested with complete authority and control over all county matters. Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 4360

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, so as to change the manner of electing the Board of Commissioners of Walton County; to provide for staggered terms of office; to provide for a referendum; to repel conflicting laws; and for other purposes. This 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4361

CITY OF WARRENTON MAYOR AND COUNCILMEMBERS; ELECTION; TERMS; DISTRICTS. No. 918 (House Bill No. 2046). AN ACT To amend an Act creating a new charter for the City of Warrenton, approved April 17, 1975 (Ga. L. 1975, p. 3970), so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore; to provide that the mayor and the councilmember who serves as mayor pro tempore shall be elected on an at-large basis; to provide that four members of the city council shall be elected from districts; to provide residency requirements; to delete references to the appointment of a mayor pro tempore; to provide for terms of office; to provide for legislative intent; to provide for the dates of municipal elections; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is the intent of this Act to carry out the directives of the United States District Court for the Southern District of Georgia, Augusta Division, in the judgment in the case of The Warren County Branch of the N.A.A.C.P.v.Alva L. Haywood, et al. (Case No. CV-187167), entered August 10, 1989. To the extent that any provision of this Act conflicts with Code Section 21-3-60 of the O.C.G.A., this Act shall control pursuant to the order of the court. Section 2. An Act creating a new charter for the City of Warrenton, approved April 17, 1975 (Ga. L. 1975, p. 3970), is amended by striking Section 2.10 in its entirety and inserting in its place a new Section 2.10 to read as follows: Section 2.10. Creation; Number; Election. The governing authority of the City of Warrenton, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers, one of whom shall be the mayor pro tempore. The mayor and

Page 4362

the councilmember who serves as the mayor pro tempore shall be elected at large by the qualified voters of the city as provided in Article V of this charter. Four councilmembers shall be elected from districts by the qualified voters of the respective districts as provided in Article V of this charter. Each candidate for the office of mayor or the office of councilmember who serves as mayor pro tempore shall reside anywhere within the corporate limits of the City of Warrenton. Each candidate for the office of councilmember from District 1, Post 1; District 1, Post 2; District 2, Post 1; or District 2, Post 2 shall reside within the respective district which he offers to represent. Section 3. Said Act is further amended by striking Section 2.20 in its entirety and inserting in its place a new Section 2.20 to read as follows: Section 2.20. Organization. (a) At the first regular meeting in each even-numbered year, the oath of office shall be administered to the mayor and councilmembers beginning a new term of office as follows: `I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilmember, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' (b) The council shall appoint a clerk of council to keep a journal of its proceedings and to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. (c) The council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. (d) The council may appoint a city accountant to perform the duties of an accountant.

Page 4363

Section 4. Said Act is further amended by striking Section 3.13 in its entirety and inserting in its place a new Section 3.13 to read as follows: Section 3.13. Mayor Pro Tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue or until an election is held to fill the unexpired term of the mayor as provided in Section 5.13 of this charter. Section 5. Said Act is further amended by striking Section 5.12 in its entirety and inserting in its place a new Section 5.12 to read as follows: Section 5.12. Regular Elections; Election Date; Districts. (a) The mayor who was elected in December, 1989, and assumed office in January, 1990, shall serve until December 31, 1993, and until his successor is elected and qualified. Thereafter, future successors shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the term of office, shall take office on the first day of January following their elections, and shall serve for terms of office as provided in Section 2.11 of this charter. (b) The councilmember serving as the mayor pro tempore who was elected in December, 1989, and assumed office in January, 1990, shall serve until December 31, 1991, and until his successor is elected and qualified. Thereafter, future successors shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the term of office, shall take office on the first day of January following their elections, and shall serve for terms of office as provided in Section 2.11 of this charter. (c) (1) For the purpose of electing four members of the city council the City of Warrenton shall be divided into two districts described as follows: The line dividing District 1 and District 2 shall begin on Norwood Road in the City of Warrenton at the point where said Norwood Road intersects with the City Limits; and

Page 4364

traveling in a Southerly direction until Norwood Road intersects with Main Street; and traveling in a general Easterly direction along Main Street until Main Street intersects with Oak Street; thence traveling North along Oak Street until it intersects with Davis Street; thence traveling East along Davis Street until it intersects with Success Way; thence traveling North along Success Way until it intersects with Delmas Drive; thence traveling West along Delmas Drive until it intersects with Oak Street; thence traveling North along Oak Street until it intersects with Culpepper Street; thence traveling in a Northeasterly direction along Culpepper Street until it intersects with the City Limits. District 1 shall be that portion of the City along said district line which lies East of Norwood Road; North of Main Street until it intersects with Oak Street; West of Oak Street until Oak Street intersects with Davis Street; North of Davis Street until it intersects with Success Way; West of Success Way until it intersects with Delmas Drive; South of Delmas Drive until it intersects with Oak Street; and West of Oak Street from the point where it intersects with Delmas Drive until the point it intersects with Culpepper Street, and all that area lying North and West of Culpepper Street until it intersects with the City Limits. District 2 shall be that portion of the City along said district line which lies West of Norwood Road; South of Main Street until it intersects with Oak Street; East of Oak Street until Oak Street intersects with Davis Street; South of Davis Street until it intersects with Success Way; East of Success Way until it intersects with Delmas Drive; North of Delmas Drive until it intersects with Oak Street; and East of Oak Street from the point where it intersects with Delmas Drive until the point it intersects with Culpepper Street, and all that area lying South and East of Culpepper Street until it intersects with the City Limits. (2) Two members of the city council shall be elected from District 1 and such positions shall be referred to as District 1, Post 1 and District 1, Post 2. The member of the city council who was elected from District 1, Post 1 in December, 1989, and assumed office in January, 1990, shall

Page 4365

serve until December 31, 1993, and until his successor is elected and qualified. The member of the city council who was elected from District 1, Post 2 in December, 1989, and assumed office in January, 1990, shall serve until December 31, 1991, and until his successor is elected and qualified. Thereafter, future successors shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the terms of office, shall take office on the first day of January following their elections, and shall serve for terms of office as provided in Section 2.11 of this charter. (3) Two members of the city council shall be elected from District 2 and such positions shall be referred to as District 2, Post 1 and District 2, Post 2. The member of the city council who was elected from District 2, Post 1 in December, 1989, and assumed office in January, 1990, shall serve until December 31, 1993, and until his successor is elected and qualified. The member of the city council who was elected from District 2, Post 2 in December, 1989, and assumed office in January, 1990, shall serve until December 31, 1991, and until his successor is elected and qualified. Thereafter, future successors shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the terms of office, shall take office on the first day of January following their elections, and shall serve for terms of office as provided in Section 2.11 of this charter. Section 6. Said Act is further amended by striking Section 5.13 in its entirety and inserting in its place a new Section 5.13 to read as follows: Section 5.13. Vacancies. (a) In the event that the office of mayor shall become vacant for any reason, the mayor pro tempore shall act as mayor until a special election is held to fill the unexpired term of office at the same time and in conjunction with the next regularly scheduled municipal election. (b) In the event that vacancies exist in the offices of mayor and mayor pro tempore simultaneously so that the council is composed of only the four remaining councilmembers, a special election shall be called and conducted in accordance

Page 4366

with Chapter 3 of Title 21, the `Georgia Municipal Election Code' to fill the offices of mayor and mayor pro tempore for the unexpired terms of office. (c) In the event the office of a councilmember, including the mayor pro tempore, becomes vacant for any reason, such vacancy shall be filled by appointment of the mayor and council and the tenure of office of the councilmember so appointed shall continue until a special election is held to fill the unexpired term of office at the same time and in conjunction with the next regularly scheduled municipal election. Section 7. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent To Introduce Local Legislation The City of Warrenton intends to introduce local legislation in the 1990 session of the Georgia General Assembly which will establish district voting for the City, set terms of offices, and for other such purposes pursuant to the Judgment of the District Court for the Southern District of Georgia. Mayor and Council, City of Warrenton 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 Warrenton Clipper which is the official organ of Warren County, on the following date: February 16, 1990. /s/ Edward D. Ricketson, Jr. Representative, 82nd District

Page 4367

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CLAYTON COUNTY STATE COURT; JUDGE; SOLICITOR; DEPUTY CLERK; SALARIES. No. 920 (House Bill No. 2061). 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 22, 1989 (Ga. L. 1989, p. 4042), 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 22, 1989 (Ga. L. 1989, p. 4042), is amended by striking from Section 1A the following: $32,000.00, and substituting in lieu thereof the following: $32,800.00,

Page 4368

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 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 $32,800.00 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: $58,800.00, and substituting in lieu thereof the following: $61,152.00, 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 $61,152.00 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

Page 4369

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: $42,900.00, and substituting in lieu thereof the following: $44,616.00, so that when so amended Section 6 shall read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $44,616.00 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, 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 1990 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 16th day of February, 1990. Clayton County Legislative Delegation

Page 4370

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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4371

CATOOSA COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 921 (House Bill No. 2049). AN ACT To create a board of elections and registration for Catoosa County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms 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 meaning of certain terms; to provide for effective dates; 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 Catoosa County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Catoosa 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. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Catoosa County. (b) No person who holds elective public office, who has actively participated in any campaign for or against any person or issue, or who has engaged in active participation in a partisan political party shall be eligible to serve as a member of the board during the term of such elective office or within five years after such active

Page 4372

participation in partisan political activity, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or upon such member's engaging in such partisan political activity. This subsection shall not prohibit an employee of the county governing authority or any other county official from serving as a member of the board of elections and registration. (c) The first members of the board shall be appointed as follows: (1) Ms. Billie Davis, currently serving as a member of the Catoosa County Board of Registrars, shall be appointed for an initial term beginning July 1, 1991, and expiring December 31, 1995; (2) Mr. Harold Young, currently serving as a member of the Catoosa County Board of Registrars, shall be appointed for an initial term beginning July 1, 1991, and expiring December 31, 1995; and (3) The remaining three members shall be appointed for terms beginning July 1, 1991, and expiring December 31, 1993. (d) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (e) All members of the Catoosa County Board of Elections and Registration shall be appointed by the chief judge of the Superior Court of Catoosa County. (f) The board shall elect one of its members to serve as chairman. Section 3. The appointment of each member shall be made by the appointing authority's filing with the clerk of the Superior Court of Catoosa County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act.

Page 4373

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 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 any appointing authority does not, in conformity with this Act, certify an appointment 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 of the State of Georgia, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office. Section 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the Superior Court of Catoosa County. Each member shall be subject to removal from the board by the governing authority of Catoosa 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 judge of the Superior Court of Catoosa County shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars. Section 7. On July 1, 1991, the election superintendent and board of registrars of Catoosa 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

Page 4374

board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of registrars and the office of chief registrar of Catoosa 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, as the board shall deem necessary. The governing authority of Catoosa County shall have the right to approve the hiring of any such employee. Section 10. The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties. With the consent of the governing authority of Catoosa 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 for employees of the board shall be fixed by the board with the approval of the governing authority of Catoosa County. Such compensation shall be paid from county funds. Section 12. The governing authority of Catoosa County shall provide the board with proper and suitable offices and equipment. Section 13. The Catoosa County Board of Elections and Registration shall have the authority to contract with any municipal corporation located within the county for the holding by

Page 4375

the board of any primary or election to be conducted within the municipal corporation. 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, 1991, except that for purposes of making initial appointments to the board, it shall become effective upon May 1, 1991. Section 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for creation of a Board of Elections of Catoosa County; to provide for all related matters; and for other purposes. This 8th day of February, 1990. McCracken Poston, Jr. 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: February 14, 1990. /s/ McCracken Poston, Jr. Representative, 2nd District

Page 4376

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CLAYTON COUNTY CORONER; SALARY. No. 922 (House Bill No. 2062). AN ACT To amend an Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4761), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4761), is amended by striking from subsection (a) of Section 1 the following: $9,040.00, and substituting in lieu thereof the following: $9,266.00, so that when so amended subsection (a) shall read as follows:

Page 4377

(a) In lieu of all fees for his services, the coroner of Clayton County shall receive an annual salary of $9,266.00. In addition to such salary, the coroner shall receive an expense allowance of $2,400.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Clayton County. Section 2. This Act shall become effective 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended; and for other purposes. This 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4378

Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CLAYTON COUNTY GOVERNING AUTHORITY; MILLAGE RATES; REFERENDUM. No. 923 (House Bill No. 2063). AN ACT To provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Clayton County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for a press release; to provide the procedure for adopting the ordinance or resolution; to provide for notice of available homestead exemptions from ad valorem taxes; to provide for other matters relative to the foregoing; to provide 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. As used in this Act, the term: (1) Ad valorem tax or property tax means a tax imposed upon the assessed value of property.

Page 4379

(2) Certified tax digest means that annual property tax digest certified by the tax commissioner of Clayton County to the Georgia Department of Revenue and approved by the state revenue commissioner. (3) Governing authority means that official or group of officials responsible for the governing of a taxing jurisdiction. (4) Mill means one one-thousandth of a United States dollar. (5) Millage or millage rate means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's and county school district's expenses. (6) Roll-back rate means the millage rate levied in the calendar year immediately preceding the current calendar year minus the millage equivalent of the values added by reassessment certified by the chief assessor of Clayton County. (7) Taxing jurisdiction means Clayton County or the Clayton County School District. (8) 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. Section 2. Prior to the determination of a millage rate in 1991 and each calendar year thereafter, the tax commissioner of Clayton County shall certify to the governing authority of each taxing jurisdiction within Clayton County: (1) The assessed taxable value of all property, by class of property and in total, which is subject to taxation for the current calendar year within the county;

Page 4380

(2) The assessed taxable value contained in the certified tax digest for the current calendar year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the current calendar 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 current calendar year as was levied during the immediately preceding calendar year. Section 3. (a) No millage for calendar year 1991 or 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. (b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate,. the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was determined. (c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation in Clayton County, which shall read as follows:

Page 4381

NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time) . A FINAL DECISION on the proposed tax increase will be made at this hearing. Simultaneously with this notice the governing authority shall provide a press release to the local media. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) At the final hearing, the millage rate shall be adopted. The ordinance or resolution shall specify the roll-back rate and the final millage rate. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 of the O.C.G.A. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section. Section 4. The tax commissioner of Clayton County shall, in the period from January 1 through March 31 of each year, place a notice in a newspaper of general circulation of the county, which notice shall inform the residents of Clayton County and the Clayton County School District of the various homestead exemptions from county and school district ad valorem taxes available and shall specify the qualifications for eligibility for such exemptions. The notice required by this section shall be published for at least six days during such period.

Page 4382

Section 5. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 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 Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a method for the determination of millage rates for ad valorem taxes levied for county purposes and for school purposes in Clayton 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 by the electors of Clayton County on such question are for approval of the Act, it shall become of full force and effect January 1, 1991. 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 7. All laws and parts of laws in conflict with this Act are repealed.

Page 4383

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for procedures to be used in determining the billing rate for ad valorem taxation for Clayton County and the Clayton County School District; and for other purposes. This 23rd day of February, 1990. 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 23, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4384

TOWN OF TALLULAH FALLS MAYOR AND COUNCILMEMBERS; ELECTION; TERMS; WATER AND SEWERAGE SERVICES. No. 924 (House Bill No. 2081). AN ACT To amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change the time and manner of electing the mayor and council; to provide for terms; to change provisions relating to election of the judge of the municipal court; to authorize the sale of water and sewerage services outside the municipal boundaries; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, is amended by adding a new Section 1.14 to read as follows: Section 1.14. Powers. The Town of Tallulah Falls shall have the power to extend its water and sewerage systems outside the corporate limits of the city and provide and sell such water and sewerage services inside and outside the corporate limits of the city as provided by ordinance. Section 2. Said Act is further amended by striking Section 2.11 in its entirety and inserting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. Town council terms and qualifications for office. The members of the town 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 town councilmember unless he shall have been a resident of the town six months immediately prior to the date of the election of

Page 4385

mayor or members of the town council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this town. Section 3. Said Act is further amended by striking subsection (b) of Section 4.11 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless he shall have attained the age of 21 years. All judges shall be appointed by the town council. Section 4. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Regular elections. (a) The mayor and councilmembers in office on the effective date of this Act shall remain in office until the expiration of their terms and until their successors are elected and qualified. (b) Successors to those two councilmembers whose terms expire December 31, 1991, shall be elected on the Tuesday next following the first Monday in November of 1991 and quadrennially thereafter for a term of four years and until their successors are elected and qualified. (c) Successors to the mayor and those two councilmembers whose terms expire December 31, 1993, shall be elected on the Tuesday next following the first Monday in November of 1993 and quadrennially thereafter for a term of four years and until their successors are elected and qualified. (d) All municipal terms of office shall commence on January 1 immediately following the election for such position. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Page 4386

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia bill to amend an Act approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, establishing a new charter for the Town of Tallulah Falls, so as to change the manner and time of electing the mayor and councilmembers; to change the provisions relating to the election of town judge; to authorize the sale of water and sewer services outside the city limits; to provide for a referendum; to provide for related matters; and for other purposes. This 8th day of February, 1990. Truitt Franklin Mayor Tallulah Falls GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: February 15, 1990. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4387

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly and Act approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, establishing a new charter for the Town of Tallulah Falls, so as to change the manner and time of electing the mayor and councilmembers; to change the provisions relating to the election of town judge; to authorize the sale of water and sewer services outside the city limits; to provide for a referendum; to provide for related matters; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County, on the following date: February 27, 1990. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4388

CITY OF SANTA CLAUS CORPORATE LIMITS. No. 925 (House Bill No. 2084). AN ACT To amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, approved March 29, 1984 (Ga. L. 1984, p. 5077), so as to expand 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 Santa Claus in Toombs County and providing a new charter for said city, approved March 29, 1984 (Ga. L. 1984, p. 5077), is amended by adding at the end of Section 1.11, relating to the corporate boundaries, a new paragraph (3) to read as follows: (3) All that certain one hundred (100) foot right-of-way being known and designated at the right-of-way of Georgia State Route No. 4, located within the boundaries of the City of Santa Claus, Georgia, 1536 G. M. District, Toombs County, Georgia, and being more particularly described as follows, to-wit: A one hundred (100) feet road right-of-way being fifty (50) feet on the west side and fifty (50) feet on the east side of the center line of the right-of-way of Georgia State Route No. 4. Said right-of-way beginning where the southernmost city limits of the City of Santa Claus, Georgia, intersects with the center line of Georgia State Route No. 4, and proceeding in a northerly direction to a point where the northernmost boundary of the city limits of the City of Santa Claus, Georgia, intersects with the center line of Georgia State Route No. 4. Said right-of-way being more particularly shown on that certain map on file with the State of Georgia Department of Transportation, being the map for Project No. F-038-1 (7 8). Said map and the record thereof being by referenced incorporated herein and made a part and parcel of this description. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4389

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new corporate charter for the City of Santa Claus, approved March 29, 1984 (GA. L. 1984, p. 5077), so as to provide for the annexation of certain property; and for other purposes. This 16th day of February, 1990. HONORABLE ROGER C. 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 Lyons Progress which is the official organ of Toombs County, on the following date: February 22, 1990. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 5th day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4390

CITY OF MARIETTA AD VALOREM TAX; PUBLIC SCHOOLS; REFERENDUM. No. 926 (House Bill No. 848). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools; 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 reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by inserting immediately following Section 7.9 a new Section 7.9A to read as follows: Section 7.9A. In addition to all other ad valorem taxes on real and personal property within the corporate limits of the city, the city shall levy and collect an additional tax of not more than 20 mills on all real and personal property within the corporate limits of the city. The proceeds of such tax shall be used solely for the purpose of supporting and maintaining the public schools of the city. 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, but only after the Board of Education of the City of Marietta has by resolution requested an election, the election superintendent of the City of Marietta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Marietta 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:

Page 4391

() YES () NO Shall the Act be approved which provides for the levy of an ad valorem tax of not more than 20 mills for the support and maintenance of the public schools of the City of Marietta? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Marietta. 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 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. 3641), 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

Page 4392

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 15th day of February, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1990. CITY OF POOLER CORPORATE LIMITS. No. 927 (House Bill No. 1009). AN ACT To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L.

Page 4393

1984, p. 4326), so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler; 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 Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), is amended by striking from subsection (d) of Section 1.11 the following: ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80; ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said southerly right-of-way line of U.S. Highway 80 also being the existing corporate limit line for a distance of 4550 feet, more or less, to a point; extend thence generally northwest, crossing U.S. Highway 80, and along the said existing corporate limit line for a distance of 580 feet, more or less, to the northerly right-of-way line of Old U.S. Highway 80; extend thence northwestwardly along said northerly right-of-way line of said Old U.S. Highway 80 an existing corporate limit line for a distance of 500 feet, more or less, to the southerly right-of-way line of Central of Georgia RR; extend thence eastwardly along said southerly right-of-way line of Central of Georgia RR for a distance of 1695 feet, more or less, to the westerly property line of S. Wall extend thence southwardly along said westerly property line of S. Wall for a distance of 810.82 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence southeastwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more or less, to the easterly property line of F. D. Benton; extend thence northeastwardly along said easterly property line of F. D. Benton for a distance of 400 feet, more of less, to the southwesterly property line of F. D. Benton; extend

Page 4394

thence southeastwardly along said southwesterly property line of F. D. Benton for a distance of 1250 feet, more or less, to a drainage ditch which is an approximate property line; extend thence southwardly along said drainage ditch for a distance of 650 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said northeasterly right-of-way line of U.S. Highway 80 for a distance of 700 feet, more or less, to a point, said point being on the northerly right-of-way line of Pine Barren Road if extended northeastwardly; extend thence southwestwardly along said northerly right-of-way line of Pine Barren Road, crossing U.S. Highway 80 for a distance of 105 feet, more or less, to the point of beginning., and inserting in lieu thereof the following: ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80; thence northwestwardly along said southerly right-of-way line of U.S. Highway 80 also being the existing corporate limit line for a distance of 4550 feet, more or less, to a point; extend thence generally northwest, crossing U.S. Highway 80, and along the said existing corporate limit line for a distance of 580 feet, more or less, to the northerly right-of-way line of Old U.S. Highway 80; extend thence northwestwardly along said northerly right-of-way line of said Old U.S. Highway 80 an existing corporate limit line for a distance of 500 feet, more or less, to the southerly right-of-way line of Central of Georgia RR; extend thence eastwardly along said southerly right-of-way line of Central of Georgia RR for a distance of 1695 feet, more or less, to the westerly property line of S. Wall extend thence southwardly along said westerly property line of S. Wall for a distance of 810.82 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence southeastwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more or less, to the easterly property line of F. D. Benton; extend thence northeastwardly along said easterly property line of F. D. Benton for a distance of 400 feet, more or less, to the southwesterly property line of F. D. Benton; extend thence

Page 4395

southeastwardly along said southwesterly property line of F. D. Benton for a distance of 1250 feet, more or less, to a drainage ditch which is an approximate property line; extend thence southwardly along said drainage ditch for a distance of 650 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said northeasterly right-of-way line of U.S. Highway 80 for a distance of 700 feet, more or less, to a point, said point being on the northerly right-of-way line of Pine Barren Road if extended northeastwardly; extend thence southwestwardly along said northerly right-of-way line of Pine Barren Road, crossing U.S. Highway 80 for a distance of 105 feet, more or less, to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced during the 1989 regular session of the General Assembly of Georgia, a bill amending the charter of the City of Pooler. City of Pooler By: Ronald E. Ginsberg City Attorney 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 which is the official organ of Chatham County, on the following date: February 11, 1989. /s/ Sonny Dixon Representative, 128th District

Page 4396

Sworn to and subscribed before me, this 20th day of February, 1989. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. UNION COUNTY COMMISSIONER; SALARY. No. 928 (House Bill No. 1113). AN ACT To amend an Act creating the office of commissioner of Union County, approved March 15, 1984 (Ga. L. 1984, p. 4281), 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 Union County, approved March 15, 1984 (Ga. L. 1984, p. 4281), is amended by striking subsection (a) of Section 6 thereof and inserting in its place a new subsection to read as follows: (a) The commissioner shall receive an annual salary which shall be equal to $4,800.00 above the annual salary now or hereafter received by the elective county officer of Union County who receives the highest annual salary pursuant to general or local law. For purposes of this subsection, the elective county officers of Union County shall be the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Union County. Such salary for the commissioner shall

Page 4397

be paid in equal monthly installments from the funds of Union 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 office of commissioner of Union County, approved March 15, 1984 (Ga. L. 1984, p. 4281); and for other purposes. This 6th day of March, 1989. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following date: March 6, 1989. /s/ Carlton H. Colwell Representative, 4th District

Page 4398

Sworn to and subscribed before me, this 13th day of March, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 22, 1990. BROOKS COUNTY CORONER; COMPENSATION. No. 929 (House Bill No. 1286). AN ACT To amend an Act providing for the compensation of the coroner of Brooks County, approved March 18, 1985 (Ga. L. 1985, p. 3708), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the compensation of the coroner of Brooks County, approved March 18, 1985 (Ga. L. 1985, p. 3708), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Brooks County is placed on an annual salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $250.00 per month. Such compensation shall be paid monthly from the funds of Brooks County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other 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, and other emoluments

Page 4399

and perquisites of whatever kind shall become the property of Brooks County and shall be paid into the county treasury at least once 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to change the maximum compensation allowed the Coroner of Brooks County, Georgia. The maximum compensation allowed the Coroner shall be changed from $150 per month to $250 per month. This 12th of December 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: December 20, 1989. /s/ Henry L. Reaves Representative, 147th District

Page 4400

Sworn to and subscribed before me, this 10th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF LAGRANGE MUNICIPAL FUNDS; CHARITABLE CONTRIBUTIONS. No. 930 (House Bill No. 1341). AN ACT To amend an Act creating a new charter for the City of LaGrange, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, so as to authorize the expenditure of municipal funds for certain purposes; to provide conditions for such expenditures; 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, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, is amended by adding a new subsection (d) at the end of Section 2.20 to read as follows: (d) The mayor and council shall be authorized annually to appropriate and expend funds derived from taxation, contributions, or otherwise 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 of the mayor and the members of the council when there is no contract or agreement with any such charitable organization or entity; provided, however, that the mayor and council shall

Page 4401

only be authorized to so expend municipal funds for such purposes in those cases where the city receives a direct consideration or benefit in return for such expenditure. 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 1990 Session of the General Assembly of Georgia a Bill to amend an Act creating a new Charter for the City of LaGrange, in the County of Troup, approved March 8, 1968, (Ga. L. 1968, P. 2191) as amended so as to authorize the expenditure of Municipal Funds for certain purposes; to provide conditions for such expenditures; and for other purposes. This 4th day of January, 1990. /s/ Wade Milam Wade Milam, Representative 81st District GEORGIA, TROUP COUNTY. Personally before me the undersigned officer duly authorized to administer oaths appeared Glen O. Long, who on oath, deposes and says that he is Publisher of LaGrange Daily News , the newspaper in which sheriff's advertisements for Troup County are published; that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News , on the 5th day of January, 1990. /s/ Glen O. Long

Page 4402

Sworn to and subscribedbefore me this 5th day of January, 1990. /s/ James R. Lewis Notary Public, Troup County, Georgia. My Commission Expires Sept. 12, 1992 (SEAL) Approved March 22, 1990. CITY OF COLUMBUS MUNICIPAL COURT; JUDGE; CLERK; MARSHAL; SALARIES; COSTS. No. 931 (House Bill No. 1491). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), an Act approved March 21, 1984 (Ga. L. 1984, p. 4491), an Act approved March 27, 1985 (Ga. L. 1985, p. 4214), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4281), so as to change the compensation of the judge, the clerk, and the marshal of the municipal court; to change fees and costs 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 establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), an Act approved March 21, 1984 (Ga. L. 1984, p. 4491), an Act approved March 27, 1985 (Ga. L. 1985, p. 4214), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4281), is amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

Page 4403

Section 10. The salary of the judge of said court shall be $45,000.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sums received in the form of fees or salary by the judge of municipal court for serving as judge of the Magistrate Court of Muscogee County shall be included in and credited toward said judge's salary so that he will receive no additional compensation. Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The salary of the clerk of said court shall be $30,500.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sum received by said clerk in the form of fees or salary for serving as clerk of the Magistrate Court of Muscogee County shall be included in and credited toward said clerk's salary so that the clerk will receive no additional compensation. Section 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. The salary of the marshal of said court shall be $30,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County and Columbus, Georgia. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile properly to conduct the business of said court. Said maintenance allowance as fixed by the governing authority of Muscogee County and Columbus, Georgia, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Any sum received by said marshal in the form of fees or salary for serving in any capacity in the Magistrate Court of Muscogee County shall be included in and credited toward said marshal's salary so that the marshal will receive no additional compensation. Section 4. Said Act is further amended by striking paragraphs (20) through (31) of Section 37 (a) and substituting in lieu thereof the following:

Page 4404

(20) For settlement of cases not in excess of $100.00..... 2.50 (21) For settlement of cases in excess of $100.00, but not in excess of $500.00..... 2.25 (22) For settlement of cases in excess of $500.00, but not in excess of $1,000.00..... 1.50 (23) For each settlement of cases in excess of $1,000.00..... 3.00 (24) For issuing an order to sell property in excess of $500.00, but not in excess of $1,000.00..... 3.50 (25) For issuing an order to sell property in excess of $1,000.00..... 5.00 (26) For sale of property amounting to over $100.00, the costs allowed as commission shall be the costs allowed the sheriffs of superior court. (27) For levy of each fi.fa. in excess of $500.00, but not in excess of $1,000.00..... 5.00 (28) For levy of each fi.fa. in excess of $1,000.00..... 6.00 (29) For copy of bill of exceptions for each case involving in excess of $500.00, but not in excess of $1,000.00..... 2.50 (30) For copy of bill of exceptions for each case involving in excess of $1,000.00..... 5.00 (31) For filing exceptions pendente lite for each case involving in excess of $500.00 but not over $1,000.00..... 2.00 (32) For filing exceptions pendente lite for each case involving in excess of $1,000.00..... 4.00

Page 4405

(33) For each legal document received for execution (including service of summons) where an insufficient or incorrect address has been furnished to the marshal, the marshal may charge the following fee..... 10.00 Section 5. This Act shall become effective on July 1, 1990. Section 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that legislation will be introduced during the 1990 Session of the Georgia General Assembly to amend the act establishing Municipal Court of Columbus, Georgia (Ga. Laws 1952 page 2184) as amended to increase court cost, and increase the compensation of the Judge, Clerk and Marshal. THOMAS B. BUCK, III STATE 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 19, 1990. /s/ Thomas B. Buck, III Representative, 95th District

Page 4406

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF BREMEN BOARD OF EDUCATION; MEMBERS; TERMS OF OFFICE. No. 932 (House Bill No. 1645). 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 30, 1989 (Ga. L. 1989, p. 4278), so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen; 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 Section 3 of the amendatory Act approved March 28, 1961 (Ga. L. 1961, p. 2786), as amended by the amendatory Act approved March 30, 1989 (Ga. L. 1989, p. 4278), and inserting in its place a new Section 3 to read as follows:

Page 4407

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 #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, post #2, and post #3 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 2. 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 1990 Session of the General Assembly of Georgia for the passage of a bill to amend an Act creating a new charter for the City of Bremen, approved December 30, 1986 (Ga. L. 1898, p. 136), as amended; to provide for related matters; and for other purposes. This, the 22nd day of January, 1990. /s/ Robert F. Walker, Mayor City of Breman, Georgia.

Page 4408

GEORGIA, HARALSON 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 25, 1990. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Ann L. Wiley Notary Public, Rockdale County, Georgia My Commission Expires July 29, 1990 (SEAL) Approved March 22, 1990. BROOKS COUNTY BOARD OF EDUCATION; MEMBERS; COMPENSATION AND EXPENSES. No. 933 (House Bill No. 1668). AN ACT To provide for the compensation and expenses of the Board of Education of Brooks County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLYD OF GEORGIA:

Page 4409

Section 1. (a) The president of the Board of Education of Brooks County shall receive a salary of $350.00 per month from the funds of the board. (b) Each of the other members of the Board of Education of Brooks County shall receive a salary of $300.00 per month from the funds of the board. (c) In addition to the salaries provided in subsections (a) and (b) of this section, the president and each of the other members of the board shall receive a per diem of $50.00 for each day of travel outside of Brooks County while on official business of the board of education plus reimbursement of actual and necessary costs of meals and lodging plus actual transportation costs while traveling by public transportation or reimbursement for travel by a private motor vehicle at the same mileage rate paid to state employees under the general laws of the State of Georgia. Reimbursement for travel outside Brooks County shall not be paid unless the travel has first been authorized by a majority 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS GIVEN that there will be introduced at the Regular 1990 Session of the General Assembly of Georgia a bill to provide for the compensation and expenses of the Board of Education of Brooks County, and for other purposes. This 22nd day of January, 1990. Walter H. New Attorney for the Brooks County Board of Education

Page 4410

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry 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 24, 1990. /s/ Reaves Representative, 147th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. MCDUFFIE COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION; POWERS; DUTIES; COMPENSATION. No. 934 (House Bill No. 1670). AN ACT To create a board of elections and registration for McDuffie County; to provide for the powers and duties of the board; to provide for the appointment and terms of the members of the board; to provide for qualifications of members; to provide for the filling of vacancies; to provide for employees of the board; to provide for the compensation of members of the board and its employees; to provide for the organization, meetings, and procedures of the board; to provide for the selection of a chairman of the board; to provide for

Page 4411

facilities, equipment, and supplies; to provide for contracts with certain municipalities; to transfer duties and powers; to abolish the board of registrars; 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) Pursuant to the authorization contained in Code Section 21-2-40 of the O.C.G.A., there is created the McDuffie County Board of Elections and Registration. (b) The board shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents as provided in Title 21 of the O.C.G.A. and shall be empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars as provided in Title 21 of the O.C.G.A. (c) This Act is intended to implement the provisions of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. Section 2. The board of elections shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections and registration shall be appointed by the political party which received the highest number of votes in this state for its candidate for President in the general election immediately preceding the appointment of the member for an initial term of three years, and one member of the board of elections and registration shall be appointed by the political party which received the second highest number of votes in this state for its candidate for President in the general election immediately preceding the appointment of the member for an initial term of two years. Each of the two appointments by political parties shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining member of the board shall be selected for an initial term of four years by the other two members and shall serve as chairman of the board. In the event that the two

Page 4412

members fail to appoint the third member within 30 days after their appointment, the chief judge of the Superior Court of the Toombs Judicial Circuit shall appoint such third member of the board. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act. Initial members of the board shall serve until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. 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's qualifying as a candidate for elective public office. Section 4. The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office stating the name and 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 member to the Secretary of State and shall 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. Section 5. Each member of the board shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time, for cause after notice and hearing, and in the same manner and by the same authority as provided for removal of registrars. Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments

Page 4413

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 arrests. Section 8. (a) The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. 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. (b) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not less than six times per year. Any specially called meetings shall be called by the chairman or any two members. The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 9. Thirty days after the effective date of this Act, the superintendent of elections and the board of registrars shall be relieved of all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. At such time, the board of registrars of McDuffie County shall stand abolished. Section 10. The board of elections and registration shall have the authority to contract with any municipality located within McDuffie County for the holding by the board of any primary or election to be conducted within the municipality.

Page 4414

Section 11. Compensation for the members of the board of elections and registration, 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 12. 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 13. 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 14. This Act shall become effective January 1, 1991. 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 1990 session of the General Assembly of Georgia a bill to create a board of elections and registration for McDuffie County; to provide for all matters relative to such board; to transfer duties and powers; to abolish the board of registrars; and for other purposes. This 5th day of January, 1990. Honorable Bobby Harris Representative, 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby 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

Page 4415

the official organ of McDuffie County, on the following date: January 10, 1990. /s/ Bobby Harris Representative, 84th District Sworn to and subscribed before me, this 16th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. PULASKI COUNTY BOARD OF EDUCATION; MEMBERS; NONPARTISAN ELECTIONS; REFERENDUM. No. 935 (House Bill No. 1736). AN ACT To provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office; to provide for the qualifications of said members; to change the manner in which vacancies shall be filled; to provide for the times and dates of elections; to provide for a referendum; to repeal specific Acts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The Board of Education of Pulaski County shall be composed of seven members who shall be elected as provided in this Act. The members of the Board of Education of

Page 4416

Pulaski County in office on the effective date of this Act shall serve out the remainder of the terms for which they were elected. (b) For the purpose of electing the members of said board of education, Pulaski County shall be divided into seven education districts as follows: District No. 1 Pulaski County Tract 9901 Blocks 101 through 104, 109, 117, 118, 161, 162, 201 through 233, 235, 237, and 408 District No. 2 Pulaski County Tract 9901 Blocks 304, 305, 308, 403 through 407, 409 through 417, 419 through 429, and 431 District No. 3 Pulaski County Tract 9901 Blocks 301 through 303, 306, 307, 309 through 334, 337 through 339, 341 through 343, 346, 347, 401, 402, 418, 430, 432, 433, 526, 527, and 530 through 533 District No. 4 Pulaski County Tract 9901 Blocks 236, 238 through 243, 245 through 251, 257, 503 through 507, 509 through 519, and 539 through 552

Page 4417

District No. 5 Pulaski County Tract 9901 Block Groups 6 and 7 District No. 6 Pulaski County Tract 9901 Blocks 244, 252 through 256, 258, 259, 335, 336, 344, 345, 501, 502, 520 through 525, 528, 529, 534 through 538, 553 through 557, and 559 through 566 District No. 7 Pulaski County Tract 9901 Blocks 105 through 108, 110 through 116, 119 through 160, and 163 through 171 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) Any part of Pulaski County which is not included in any education district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a member of said board shall

Page 4418

specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in nonpartisan primaries and elections as provided for in this Act, and otherwise in accordance with the provisions of the general election laws of this state. Section 2. (a) The first members nominated and elected in nonpartisan primaries and elections from education districts 3, 4, and 7 shall be nominated and elected in 1990 and shall take office on the first day of January, 1991, for terms of six years and until their successors are elected and qualified. (b) The first members nominated and elected in nonpartisan primaries and elections from education districts 2, 5, and 6 shall be nominated and elected in 1992 and shall take office on the first day of January, 1993, for terms of six years and until their successors are elected and qualified. (c) The first member nominated and elected in nonpartisan primaries and elections from education district 1 shall be nominated and elected in 1994 and shall take office on the first day of January, 1995, for a term of six years and until a successor is elected and qualified. (d) Successors to the members of the Board of Education of Pulaski County nominated and elected under subsections (a), (b), and (c) of this section and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, as provided in Section 3 of this Act, and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified. (e) In the event of a vacancy in the membership of the board by death, resignation, removal from the education district, or for any other reason within three years of such member's election date, the vacancy shall be filled by a special election to be held at the same time as and in conjunction with the next special or general election held in Pulaski County, whichever comes first. If such vacancy occurs after three years of such member's election date, the vacancy shall be filled by the remaining members of the board

Page 4419

electing a successor to serve for the unexpired term. A person elected or appointed by the board to fill a vacancy shall meet the residency requirements for the education district where the vacancy occurred. (f) The Board of Education of Pulaski County provided for by this section shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this Act. Section 3. The nonpartisan primaries and elections provided for in Section 2 of this Act shall be held on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Except for being elected from the education districts described in Section 1 of this Act, each member of the board of education 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., known as the Georgia Election Code. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pulaski County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pulaski County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the general 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 Pulaski County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which consolidates and restates provisions of law relating to the Board of Education of Pulaski County and which changes the method of filling vacancies on the board?

Page 4420

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. The expense of such election shall be borne by Pulaski County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. The following laws and parts of laws are repealed in their entirety: (1) An amendment to the Constitution providing for the election of members of the Board of Education of Pulaski County ratified at the 1982 general election and proposed by 1982 House Resolution No. 816 (Ga. L. 1982, p. 2664); and (2) An Act providing for the nonpartisan nomination and election of members of the Board of Education of Pulaski County, approved March 19, 1987 (Ga. L. 1987, p. 4241). 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 I intend to introduce legislation within the 1990 Session of the General Assembly of Georgia to provide an amendment to the present method of filling vacancies to the Pulaski County Board of Education whereby the Board could make appointments to fill such vacancies only until the next regular general election is held.

Page 4421

This 30th day of January, 1990. Newt Hudson, Representative 117th District 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 Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following date: January 31, 1990. /s/ W. N. (Newt) Hudson Representative, 117th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. PULASKI COUNTY SHERIFF; DEPUTIES; OFFICE EXPENSES. No. 936 (House Bill No. 1737). AN ACT To amend an Act placing the sheriff of Pulaski County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4449), so as to provide for deputies and other personnel

Page 4422

and for operating expenses for the sheriff's office; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Pulaski County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4449), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The sheriff shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of Pulaski 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 Pulaski County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion. (b) The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of Pulaski County available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Pulaski County.

Page 4423

Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that I intend to introduce local legislation in the 1990 Session of the General Assembly of Georgia to provide: (1) To provide for a method of arriving at the compensation to be paid to the deputies of the Sheriff's Department of Pulaski County, Georgia; (2) To provide for the employment of one additional full time deputy for the Sheriff's Department of Pulaski County; and for other purposes. This 30th day of January, 1990. Newt Hudson, Representative 117th District 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 Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following date: January 31, 1990. /s/ W. N. (Newt) Hudson Representative, 117th District

Page 4424

Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. HANCOCK COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 937 (House Bill No. 1761). 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 22, 1989 (Ga. L. 1989, p. 4111), so as to change provisions relating to the compensation and allowances of the chairperson and members of the board; to provide for per diem payments for members of the board other than the chairperson; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4111), is amended by striking subsection (c) of Section VIII 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

Page 4425

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. (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) In addition to the amounts provided for in paragraphs (1) and (2) of this subsection, each member of the commission, except for the chairperson, shall receive a per diem allowance of $50.00 for each day on which the board conducts official business, but they shall not receive the same for more than two days in any calendar month. (4) In addition to the amounts provided for in paragraphs (1), (2), and (3) of this subsection, the chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year, 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, per diem, 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, 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 hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to

Page 4426

amend an Act creating the board of commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended; to provide for related matters; and for other purposes. This 24th day of January, 1990. /s/ George F. Green Honorable 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 Sparta Ishmaelite which is the official organ of Hancock County, on the following date: February 1, 1990. /s/ George F. Green M.D. Representative, 106th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4427

CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; MEMBERS; SELECTION. No. 938 (House Bill No. 1786). 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 22, 1989 (Ga. L. 1989, p. 4186), so as to change the provisions relating to selection of the members of the board and their terms of office; 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 22, 1989 (Ga. L. 1989, p. 4186), 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, at least 18 years of age, a freeholder, and a consumer of the services of the district. The members of the board in office on January 1, 1990, shall serve until their terms expire and until their successors are elected and qualified. All terms of office, including the term of the member to be elected in 1990, shall be for six years. A meeting of the consumer members of the district shall be held annually 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 by proof that such person is a consumer of services of the district and shall be filed between 10:00

Page 4428

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 any meeting of consumer members as provided for in this section. The call shall state the time, date, and place of such meeting. On the date of such meeting, the period for casting votes for membership on the board shall begin at 4:00 P.M. and shall end at 6:00 P.M., provided that, if any candidate fails to receive a majority of the votes cast, a runoff election shall be conducted immediately following the tabulation and announcement of the results of the initial vote. 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 six-year 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.

Page 4429

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; and for other purposes. This 22nd day of January, 1990. Honorable McCracken Poston, Jr. Representative, 2nd District 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 31, 1990. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4430

CITY OF NASHVILLE MAYOR; COUNCILMEN; ELECTION; TERMS. No. 939 (House Bill No. 1822). AN ACT To amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), 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 of this Act; 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 establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), is amended by striking Section 3-3 and inserting in its place a new Section 3-3 to read as follows: Section 3-3. (a) The three councilmen elected in November, 1989, whose terms normally expire on the second Monday in December shall remain in office 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. (b) The three councilmen who are to be elected in November, 1990, whose terms normally expire on the second Monday in December shall remain in office until December 31, 1992, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1992, 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.

Page 4431

(c) The city council is divided into six posts to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The councilmen to be elected in the municipal elections to be held in each even-numbered year shall be elected to Post No. 1, Post No. 2, and Post No. 3, respectively. The councilmen to be elected in the municipal elections to be held in each odd-numbered year shall be elected to Post No. 4, Post No. 5, and Post No. 6, respectively. Any person seeking election as a councilman shall designate the city council post to which he seeks election and shall seek election only to the post so designated. (d) The provisions of this section shall not be construed as requiring the division of the territory of the city councilmanic districts or the establishment of councilmanic districts. Section 2. Said Act is further amended by striking Section 3-4 in its entirety and inserting in lieu thereof a new Section 3-4 to read as follows: Section 3-4. Mayor. The mayor to be elected in November, 1990, whose term normally expires on the second Monday in December shall remain in office until December 31, 1992, and until a successor is elected and qualified. On the Tuesday next following the first Monday in November, 1992, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an

Page 4432

act establishing a new charter for the City of Nashville, Georgia, approved March 17, 1978 (Ga. L. 1978, p. 4017); and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: December 27, 1989. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. BUTTS COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; SALARY SUPPLEMENT. No. 940 (House Bill No. 1832). AN ACT To amend an Act making provisions for the Magistrate Court of Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court; to

Page 4433

provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act making provisions for the Magistrate Court of Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended, is amended by striking Section 3 thereof, which reads as follows: Section 3. The chief magistrate shall receive a minimum annual salary of $14,000.00. The governing authority of Butts County may supplement the minimum salary of the chief magistrate in such amount as it may fix from time to time; but the chief magistrate's salary and supplement shall not be decreased during any term of office., and inserting in its place a new section to read as follows: Section 3. (a) The chief magistrate shall receive a minimum annual salary of $14,000.00. (b) In addition to the base salary provided in subsection (a) of this section on and after the date this subsection becomes effective, the chief magistrate shall receive a supplemental salary which shall be an amount equal to 3 percent of the base salary per year. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) This section shall not decrease the salary or supplement of the chief magistrate during the term of office of that 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.

Page 4434

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended; and for other purposes. This 26th day of January, 1990. 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: January 31, 1990. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4435

BEN HILL COUNTY BOARD OF EDUCATION; ELECTIONS; TERMS; DISTRICTS; VACANCIES; REFERENDUM. No. 941 (House Bill No. 1853). AN ACT To provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide for eligibility; to provide for a referendum; to provide for all matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The heretofore existing Board of Education of Ben Hill County shall stand abolished on the first day of January, 1991. Effective on that same date, the board of Education of Ben Hill County, hereafter referred to in this Act as the board, shall be composed of seven members elected from the education districts provided for in Section 2 of this Act. Each member shall be a resident of the education district he or she represents and shall be elected by the voters of the education district in which he or she resides. All board members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Ben Hill County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election. Section 2. (a) For the purpose of electing the members of the Board of Education of the Ben Hill County Public School System, Ben Hill County shall be divided into seven education districts described by the following boundaries: Education District 1:

Page 4436

Commencing at the intersection of East Central Avenue and North Grant Street in the City of Fitzgerald; thence generally northerly along Grant Street to its point of intersection with Sultana Drive; thence generally easterly along Sultana Drive to its intersection with Bush Avenue; thence generally northerly along Bush Avenue to its point of intersection with the corporate limits of the City of Fitzgerald; thence easterly and southerly along the corporate limits of the said City of Fitzgerald to the point where said corporate limits intersect State Highway 107, also known as the Ashton Highway; thence generally westerly along the said State Highway 107 (which said State Highway 107 is, in part, composed of East Central Avenue) to the point where said State Highway 107 and the said East Central Avenue intersects North Grant Street in said City, the same being the point and place of beginning. Education District 2: Beginning at the point where East Central Avenue in said City is intersected by Grant Street and running thence in a generally westerly direction along East Central Avenue to the point where the same becomes West Central Avenue in said City; thence continuing in a generally westerly direction along said West Central Avenue to the point where the same is intersected by Lee Street; thence in a generally southerly direction along South Lee Street to the point where the same is intersected by West Pine Street; thence in a generally westerly direction along West Pine Street to the point where the same intersects South Merrimac Drive; thence in a generally northerly direction along South Merrimac Drive to the point where the same is intersected by State Highway 107; thence in a generally westerly direction along State Highway 107 to its intersection with Snowden Loop; thence in a generally northerly direction along the easternmost course of Snowden Loop to its intersection with Wheeler Avenue; thence continuing from said point in an initially generally northerly direction followed by a serpentine course along the corporate limits of the City of Fitzgerald to the point where the same is intersected by Washington Avenue; thence in a generally easterly direction along Washington Avenue to the point where the same is intersected by North Merrimac Drive; thence in a generally northerly direction along North Merrimac Drive to its intersection with West Sultana Drive; thence in a generally easterly

Page 4437

direction along West Sultana Drive to its point of intersection with North Grant Street; thence in a generally southerly direction along North Grant Street to the point and place of beginning. Election District 3: Commending at the point where South Lee Street in said City is intersected by West Pine Street in said City and running thence in a generally southerly direction along South Lee Street to the point where the same is intersected by West Roanoke Drive; thence in a generally westerly direction along West Roanoke Drive to the point where the same is intersected by the Perry House Road; thence in a generally southerly direction along the Perry House Road to the point where the same intersects the Ed Ward Road; thence in a generally westerly direction to the point where the Ed Ward Road intersects the Ben Hill County line; thence continuing in a generally westerly direction along the Ben Hill County line to the point where the same is intersected by the Irwinville Highway; thence in a generally northeasterly and easterly direction along the Irwinville Highway (which said Irwinville Highway becomes West Central Avenue in said City) to the point where the same is intersected by Merrimac Drive; thence in a generally southerly direction along South Merrimac Drive to the point where the same is intersected by West Pine Street; thence in a generally easterly direction along West Pine Street to the point and place of beginning. Education District 4: Commencing at the point where State Route 107 (the same being Central Avenue) is intersected by Lee Street in said City; thence in a generally easterly direction along said State Route 107 to the point where the same is intersected by the run of Turkey Creek; thence along a generally southerly serpentine course along the run of Turkey Creek to the point where the same is intersected by the Cemetery Road, also known as the Evergreen Road; thence generally westerly along the said Cemetery Road to its point of intersection with Monitor Drive; thence in a generally southerly direction along Monitor Drive to its point of intersection with Roanoke Drive, thence in a generally westerly direction along Roanoke Drive to its point of

Page 4438

intersection with South Lee Street; thence in a generally northerly direction along South Lee Street to the point and place of beginning. Education District 5: Commencing at the point where the Ben Hill County line is intersected by the Ed Ward Road and running thence in a generally easterly direction along the Ed Ward Road to its intersection with the Perry House Road; thence in a generally northerly direction along the Perry House Road to its point of intersection with Roanoke Drive in said City of Fitzgerald; thence in a generally easterly direction along Roanoke Drive to its point of intersection with Monitor Drive; thence north along Monitor Drive to its point of intersection with the Cemetery Road; thence in a generally easterly direction along the Cemetery Road to its point of intersection with the run of Turkey Creek; thence in a generally northerly serpentine direction along the run of Turkey Creek to the intersection of the run of said Turkey Creek with State Route 107, also known as the Ashton Highway; thence in a generally westerly direction along the said State Route 107 to its point of intersection with the corporate limits of the City of Fitzgerald; thence in a generally northerly direction along the corporate limits of the City of Fitzgerald to its point of intersection with County Road 179; thence in a generally westerly direction along County Road 179 to its point of intersection with County Road 173, also known as Jefferson Street; thence in a generally northerly direction along Jefferson Street to its point of intersection with Mayes Street; thence in a generally easterly direction along Mayes Street, which said street is also County Road 165, to its intersection with County Road 174; thence in a generally easterly direction along County Road 174 until it is intersected by County Road 180; thence in a generally northerly direction followed by a generally westerly direction along County Road 180 until the same is intersected by County Road 182; thence in a generally northerly direction along County Road 182 until the same is intersected by County Road 170; the same being also known as the Kiokee Road; thence in a generally westerly direction to the point where the said Kiokee Road is intersected by State Route 11; thence in a generally northerly direction along State Route 11 to the point where the same is intersected by the Lulaville Road; thence in a generally easterly direction

Page 4439

along the Lulaville Road (which is also known as County Road 199) to the point where the same is intersected by County Road 11; thence in a generally northerly direction continuing along County Road 199 to the point where the same is intersected by State Route 182; thence in a generally northwesterly direction along State Route 182 to the point where the same is intersected by the run of Otter Creek; thence in a generally northeasterly serpentine course along the run of Otter Creek to the point where the same intersects the Ocmulgee River and the Ben Hill County line; thence follow in a clockwise direction the Ben Hill County line over various courses and along the borders of Telfair, Coffee, and Irwin Counties to the point and place of beginning. Education District 6: Commencing at the point where Washington Avenue in said City is intersected by the railroad tracks of CSX Transportation, Inc., thence running in a generally northwesterly direction along said railroad tracks of said CSX Transportation, Inc., to the point where the same is intersected by the run of Willacoochee Creek; thence in a generally northerly serpentine direction along the run of Willacoochee Creek to the point where the same is intersected by that certain road known as the Lower Rebecca Road; thence in a generally easterly direction along the run of the Lower Rebecca Road to its point of intersection with State Route 90; thence continuing in a generally easterly direction along Industrial Drive to the point where the same is intersected by State Route 11; thence continuing in a generally easterly direction along the Kiokee Road to the point where the same is intersected by County Road 182; thence south along County Road 182 to its intersection with County Road 180; thence in a generally easterly direction and then a generally southerly direction along County Road 180 to its intersection with County Road 174; thence in a generally westerly direction along County Road 174 to its intersection with Mayes Street, the same being County Road 165; thence in a generally westerly direction along Mayes Street to its intersection with Jefferson Street, the same being County Road 173; thence in a generally southerly direction along Jefferson Street to the point where it intersects the corporate limits of the City of Fitzgerald; thence in a generally westerly direction and a generally northerly direction along the corporate limits of the

Page 4440

City of Fitzgerald to the point where the same is intersected by Bush Avenue; thence in a generally southerly direction along Bush Avenue to the point where the same is intersected by Sultana Drive; thence in a generally westerly direction along Sultana Drive to the point where the same is intersected by Merrimac Drive; thence in a generally southerly direction along Merrimac Drive to the point where it is intersected by Washington Avenue; thence in a generally westerly direction along Washington Avenue to the point and place of beginning. Education District 7: Commencing at a point where the Irwinville Highway intersects the Ben Hill County line and running thence in a clockwise fashion along the Ben Hill County line and adjacent to Irwin, Turner, and Wilcox Counties to the point where the Ben Hill County line is intersected by the run of Otter Creek (the line at said point being the Ocmulgee River); thence in a generally southwesterly direction along the run of Otter Creek to State Route 182; thence in a generally southeasterly direction along State Route 182 to County Road 199; thence generally southerly along the run of County Road 199 to its intersection with County Road 11; thence generally easterly along County Road 199 to its intersection with State Route 11; thence in a generally southerly direction along State Route 11 to its intersection with the Kiokee Road (also known as the Industrial Drive); thence in a generally westerly direction along the said Industrial Drive to its intersection with State Route 90; thence continuing in a generally westerly direction along the Lower Rebecca Road to the point where the same is intersected by the run of Willacoochee Creek; thence in a generally southerly serpentine course along the run of Willacoochee Creek to the point where the same is intersected by the railroad tracks of CSX Transportation, Inc.; thence in a generally southeasterly direction along the railroad tracks of CSX Transportation, Inc. to its intersection with Washington Avenue; thence in a generally westerly direction along Washington Avenue to the point where the said Washington Avenue is intersected by Traylor Avenue; thence continuing westerly along Washington Avenue to the point where Washington Avenue next intersects the corporate limits of the City of Fitzgerald; thence in a generally southerly and generally westerly serpentine course along the corporate limits of the City of

Page 4441

Fitzgerald to the point located on Wheeler Avenue nearest to its intersection with Snowden Loop; thence in a generally southerly direction along the eastermost course of Snowden Loop to its point of intersection with the Irwinville Highway; thence in a generally southwesterly direction along the Irwinville Highway to its intersection with the Ben Hill County line, the same being the point and place of beginning. (b) Whenever the description of any 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 Ben Hill 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 which contains the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3. (a) The first members of the board of education shall be elected at the general election held in November, 1990. The four members elected from Education Districts 1, 2, 3, and 7 shall take office on July 1, 1991, and shall serve for initial terms which shall expire on December 31, 1994, and when their successors are elected and qualified. The three members elected for Education Districts 4, 5, and 6 shall take office on July 1, 1991, and shall serve for initial terms which shall expire on December 31, 1992, and when their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Any member of the board of education shall be eligible to succeed himself. (b) All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 4. In the event a vacancy occurs on the board of education for any reason other than expiration of term of office, such vacancy shall be filled as provided for by Code Section 20-2-54.1 of the O.C.G.A. In the event a member moves his residence

Page 4442

from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Section 5. The members of the Board of Education of the Ben Hill County Public School System shall elect annually one of their members to serve as chairman of the board. Section 6. The members of the board of education shall be compensated by an amount equal to that provided by Code Section 20-2-55 of the O.C.G.A. Section 7. The Board of Education of Ben Hill County shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to county boards of education. Section 8. When the special election provided for in this Act for the initial election of the members of the Board of Education of Ben Hill County may lawfully be called, it shall be the duty of the election superintendent for Ben Hill County to issue the call for the said special election to be held at the same time as the November, 1990, general election. Said election shall be called in accordance with the provisions of Code Section 21-2-540 of the O.C.G.A. and candidates shall qualify for said special election in accordance with Code Section 21-2-132 of the O.C.G.A. The election superintendent of Ben Hill County shall give notice of and shall publish the call and the date and purpose of the said special election as provided by law. Section 9. This Act shall be void and of no force and effect unless the same shall have been precleared by the United States Department of Justice pursuant to the federal Voting Rights Act of 1965 on or before August 1, 1990. Likewise, this Act shall be void and of no force and effect unless the citizens of the City of Fitzgerald, Georgia, shall have voted to annual and abolish the independent school system of the City of Fitzgerald, Georgia, pursuant to the provisions of Code Section 20-2-370 of the O.C.G.A. on or before August 1, 1990. If, however, on or before August 1, 1990, this Act shall have been precleared by the United States Department of Justice pursuant to the federal Voting Rights Act of 1965 and the citizens of the City of Fitzgerald, Georgia, shall have voted to annul and abolish the independent school system of the City of Fitzgerald,

Page 4443

Georgia, then this Act shall be effective and shall be of full force and effect, except as is hereinafter provided. Section 10. Should this Act be precleared by the United States Department of Justice pursuant to the federal Voting Rights Act of 1965, as provided in Section 9, and further should the citizens of the City of Fitzgerald, Georgia, vote to annual and abolish the independent school system of the City of Fitzgerald, Georgia, as provided in Section 9, then not less than 15 nor more than 30 days after the occurrence of said events or the earliest date on which the special election provided for in this section may lawfully be called under the federal Voting Rights Act of 1965, and all regulations promulgated pursuant thereto, whichever date shall be later, it shall be the duty of the election superintendent for Ben Hill County to issue the call for an election to be held for the purpose of submitting this Act to the electors of Ben Hill County, which shall include electors residing both within and outside the corporate limits of the City of Fitzgerald, for approval or rejection. The election superintendent shall set the date of such election for not less than 30 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ben Hill County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the composition of the Board of Education of Ben Hill County and for the election of the members of said board, providing for terms of office, electoral districts of board members, the filling of vacancies, the election of the chairman of the board, the compensation of board members, eligibility, effective dates, and for other matters relative thereto be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections

Page 4444

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 Ben Hill County and it shall be the duty of the election superintendent of Ben Hill County to hold and conduct such referendum. It shall be the further duty of the election superintendent to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the Regular 1990 Session of the General Assembly of Georgia a bill to provide for the composition of the Board of Education of Ben Hill County and for the election of members of said Board; to provide for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide for eligibility; to provide effective dates; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. /s/ Gene Harper, Superintendent, Ben Hill County Schools. GEORGIA, BEN HILL COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, came BARBARA W. ASHE, who, on oath, deposes and says that she is and at all times pertinent hereto was an employee of The Herald-Leader, the legal organ of Ben Hill County, Georgia, the same being a newspaper of general circulation published in Ben Hill County, Georgia, and the same being the newspaper in which Sheriff's advertisements for Ben Hill County are published, and further shows that she is an employee of said newspaper designated by the publisher to make this affidavit, and further deposes and states that the within and foregoing notice of intention to introduce local legislation was published in The Herald-Leader, the official organ of Ben Hill County, Georgia, on

Page 4445

the following date: January 10, 1990. Said notice was published in accordance with the provision of O.C.G.A. Sec. 28-1-14 in the said The Herald-Leader on said date. Further affiant saith not. /s/ Barbara W. Ashe Sworn to and subscribed before me, this 11 day of January, 1990. /s/ Betty S. Bailey Notary Public, Ben Hill County, Ga. My Commission Expires: 5/29/93 Date of Notarization: 1/11/90 (NOTARY SEAL) Approved March 22, 1990. CITY OF HAMPTON MUNICIPAL COURT; JURISDICTION; POWERS. No. 942 (House Bill No. 1879). AN ACT To amend an Act creating a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), as amended, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court; to change certain provisions relating to penalties; 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 Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), as

Page 4446

amended, is amended by striking subsection (a) of Section 4.13 and inserting in its place a new subsection (a) to read as follows: (a) (1) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (2) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (3) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment not exceeding 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. Section 2. Said Act is further amended by striking Section 7.13 and inserting in its place a new Section 7.13 to read as follows: Section 7.13. Penalties. The violation of any provisions of this charter for which a penalty is not specifically provided shall be punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding 12 months or both such fine and imprisonment. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Hampton, approved April 17, 1975 (Ga. L. 1975, p. 4092), as amended; and for other purposes.

Page 4447

This 22nd day of January, 1990. /s/ Wesley Dunn 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 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF STOCKBRIDGE MUNICIPAL COURT; JUDGES; PRACTICES AND PROCEDURES. No. 943 (House Bill No. 1880). AN ACT To amend an Act incorporating the City of Stockbridge in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, so as to provide for a municipal court and the

Page 4448

judge or judges thereof; 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 Stockbridge in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, is amended by striking Section 6 and inserting in its place a new Section 6 to read as follows: Section 6. Municipal court. (a) There shall be a court to be known as the Municipal Court of the City of Stockbridge. (b) 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. (c) 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. (d) Compensation of the judge or judges shall be fixed by ordinance. (e) Judges may be removed for cause by a majority vote of the members of the city council. (f) 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 partially. The oath shall be entered upon the minutes of the city council journal. (g) The municipal court shall be convened at regular intervals as provided by ordinance. (h) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

Page 4449

(i) 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. (j) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than 12 months, or both such fine and imprisonment, or the court may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (k) 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. (l) 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. (m) 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. (n) 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. (o) 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

Page 4450

which may be served as executed by any officer as authorized by this charter or by law. (p) 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. (q) 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 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Stockbridge in Henry County, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended; and for other purposes. This 22nd day of January, 1990. /s/ Wesley Dunn 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

Page 4451

official organ of Henry County, on the following date: February 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF LOCUST GROVE MUNICIPAL COURT; JUDGES; JURISDICTION; POWERS. No. 944 (House Bill No. 1881). AN ACT To amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, is amended by striking Sections 4.10 through 4.15 and inserting in their place new Sections 4.10 through 4.15, respectively, to read as follows:

Page 4452

Section 4.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Locust Grove. Section 4.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a majority vote of all the members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. Section 4.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment not exceeding 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.

Page 4453

(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state 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

Page 4454

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 Henry County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. 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. Section 2. Said Act is further amended by striking Section 7.14 and inserting in its place a new Section 7.14 to read as follows: Section 7.14. Penalties. The violation of any provisions of this charter for which a penalty is not specifically provided shall be punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding 12 months or both such fine and imprisonment. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Locust Grove, approved

Page 4455

April 7, 1976 (Ga. L. 1976, p. 4426), as amended; and for other purposes. This 22nd day of January, 1990. /s/ Wesley Dunn 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 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4456

COBB JUDICIAL CIRCUIT ASSISTANT DISTRICT ATTORNEYS; CHIEF INVESTIGATOR; SALARY. No. 945 (House Bill No. 1920). 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), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), so as to change the provisions relative to the number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief investigator and the investigators; 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), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. Said district attorney is authorized to appoint eight investigators for the Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as peace officers; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $55,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid

Page 4457

in equal monthly installments from the general funds of Cobb County, Georgia. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $40,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County. 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, 14 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.

Page 4458

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 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 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. RAGAN SALLIE NEWBILL SENATORS JACK VAUGHN HERMAN CLARK STEVE THOMPSON EARL ERHART GRESHAM HOWREN FRED AIKEN JOHNNY ISAKSON JOHNNY GRESHAM TOM WILDER BILL ATKINS REPRESENATIVES 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: December 29, 1989. /s/ Earl Ehrhart Representative, 20th District

Page 4459

Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. GRIFFIN JUDICIAL CIRCUIT JUDGES; COUNTY SUPPLEMENT. No. 946 (House Bill No. 1922). AN ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596), and an Act approved March 2, 1983 (Ga. L. 1983, p. 386), so as to change the county supplement for the superior court judges of that 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 Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596), and an Act approved March 2, 1983 (Ga. L. 1983, p. 386), is amended by striking Section 6A and inserting in its place a new Section 6A to read as follows: Section 6A. (a) The governing authorities of the counties comprising the Griffin Judicial Circuit are authorized to

Page 4460

provide from county funds supplements to the compensation of each judge of superior court as follows: Years of Service Supplement Less than 5 $ 10,000.00 At least 5 but less than 8 12,000.00 At least 8 but less than 12 14,000.00 At least 12 but less than 16 16,000.00 16 or more 18,000.00 (b) The term `judge' is defined as being the chief judge of the circuit, an associate judge of the circuit, or a senior judge of the superior courts of Georgia whose status is achieved by reason of service in said circuit, and who continues to be available for service to the courts of said circuit; however, the supplement of a senior judge shall be equivalent to, but shall not exceed, the amount of the supplement authorized in Code Section 47-8-62 of the O.C.G.A., as amended. (c) The amount of supplement for the district attorney shall be $7,500.00 per annum. Said amounts of supplements for the judges and district attorney shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said counties, as shown by the latest official United States decennial census, out of the treasuries of such counties comprising said circuit. (d) It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and district attorney is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities. Section 2. This Act shall become effective on July 1, 1990.

Page 4461

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 1990 Sessions of the General Assembly of Georgia a Bill to amend and Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 386), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circu This 6th day of February, 1990 And for other purposes. This 6th day of February, 1990 Maureen C. Jackson, as Clerk of the Board of commissioners of Spalding County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following date: February 10, 1990. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4462

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a Bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended. particularly by an Act approved March 2, 1983 (Ga. L. 1983, p. 386), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circuit; to repeal conflicting laws; and for other purposes. This 14th day of February, 1990. Lakeitha K. Reeves, as Clerk of the Board of Commisioners of Upson Conty, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 14, 1990. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Please take notice that there will be introduced before the 1990 Georgia General Assembly an Act to amend an Act creating

Page 4463

the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved April 12, 1962 (Ga. L. 1962, p. 596), and an Act approved March 2, 1983 (Ga. L. 1983, p. 386), so as to change the County Supplement for the Superior Court Judges of that Judicial Circuit; to provide effective dates; 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 advertisement appeared for the Griffin Judicial Circuit 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 8, 1990. /s/ Gary Cornwell Sworn to and subscribed before me this 9th day of February, 1990. /s/ Helen S. Teague Notary Public, Fayette County, Georgia My Commission Expires July 11, 1993 (SEAL) GRIFFIN JUDICIAL CIRCUIT SUPERIOR COURT JUDGES COUNTY SUPPLEMENTS AN ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1983, p. 386), so as

Page 4464

to change the County Supplement for the Superior Court Judges of that Judicial Circuit; to provide as 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 Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 596), and an Act approved 1983 (Ga. L. 1983, p. 386), is amended by striking that portion of Section 6A of said Act which pertains to the salary supplements of the Superior Court Judges of said Circuit and inserting in its place a new Section 6A to read as follows: Section 6A. The governing authorities of the counties comprising the Griffin Judicial Circuit, are authorized to provide from county funds, supplements to the compensation of each Judge of Superior Court as follows, to-wit: 0 through 5 years..... $10,000.00; 5 through 10 years..... $12,000.00; 10 through 15 years..... $14,000.00; 15 through 20 years..... $16,000.00; over 20 years..... $18,000.00. The term Judge is defined as being the Chief Judge of the Circuit, an Associate Judge of the Circuit, and a Senior Judge of the Superior Courts of Georgia whose status is achieved by reason of service in said Circuit, and who continues to be available for service to the courts of said Circuit; however, the supplement of a Senior Judge shall be equlvalent to, but shall not exceed two-thirds of the amount of the supplement received by said Senior Judge at the time of his taking Senior Judge Status, as set out in O.C.G.A. 47-8-62. The amount of supplement for the District Attorney shall be $7,500.00 per annum. Said amounts of supplements for the Judges and District Attorney shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said counties, as shown by the latest official United States Decennial Census, out of the treasuries of such counties comprising said Circuit. It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay

Page 4465

the portion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and district attorney is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities. Section 2. This Act shall become effective on the 1st day of July, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Reporter which is the official organ of Pike County, on the following date: February 14, 1990. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4466

CITY OF GLENNVILLE CORPORATE LIMITS. No. 947 (House Bill No. 1923). AN ACT To amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), 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 Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, is amended by adding a new section immediately following Section 2A, to be designated Section 2B, to read as follows: Section 2B. In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land situate, lying and being in the 1700th G.M. District of Tattnall County, Georgia containing 243.834 acres, more or less, and bounded as follows: North by lands of Dr. J. Troy Rahn, lands of Larry Banks, and lands of the Luther Durrence Estate; East by the north prong of Beards Creek which separates this tract of land from lands now or formerly of Jimmy Rockmore and lands of the Wallace Knight Estate; South by the south prong of Beards Creek, lands of Freddie Kicklighter, and by lands of ITT Rayonier; and West by lands of Dr. J. Troy Rahn. BEGINNING on the eastern edge of U.S. Highway 301 where the northwesterly boundary line of Freddie Kicklighter adjoins the land herein described, said point being a distance of 5,650 feet along the eastern edge of U.S. Highway 301 from the existing city limits of the City of Glennville; THENCE, S 70 50.46 E a distance of 2,188.85 feet along the lands of Freddie Kicklighter; THENCE, S 3 24 W a distance of 693 feet along the lands of Freddie Kicklighter to the run of the south prong of Beards Creek; THENCE, S 58 46 E a distance of 392.48 feet in the south prong of Beards Creek; THENCE S 76 9.22 E a distance of 453.15 feet in the south prong of Beards Creek; THENCE, N 9 19 E a distance of

Page 4467

390.19 feet from the north prong of Beards Creek; THENCE, N 48 3 W a distance of 215.34 feet in the north prong of Beards Creek; THENCE N 5 20 E a distance of 357.21 feet in the north prong of Beards Creek; THENCE, N 36 27 W a distance of 549.37 feet in the north prong of Beards Creek; THENCE, N 3 52 E a distance of 384.81 feet in the north prong of Beards Creek; THENCE, N 72 17 E a distance of 354.69 feet in the north prong of Beards Creek; THENCE N 68 19 E a distance of 719.76 feet in the north prong of Beards Creek; THENCE, N 3 4 E a distance of 223.35 feet in the north prong of Beards Creek; THENCE, N 12 0 E a distance of 327.48 feet in the north prong of Beards Creek; THENCE, N 23 54 E a distance of 140.40 feet in the north prong of Beards Creek; THENCE, N 16 10 W a distance of 374.20 feet in the north prong of Beards Creek; THENCE, N 32 55 W a distance of 290 feet in the north prong of Beards Creek; THENCE, N 56 44 E a distance of 104.90 feet in the north prong of Beards Creek; THENCE, N 36 16 W a distance of 134.20 feet in the north prong of Beards Creek; THENCE, N 30 16 W a distance of 168.64 feet in the north prong of Beards Creek; THENCE, S 67 18 W a distance of 1,484 feet along the lands of the Luther Durrence Estate; THENCE, N 7 58.47 W a distance of 2,638.72 feet along the lands of the Luther Durrence Estate; THENCE, S 79 58.15 W a distance of 236.48 feet along the lands of Larry Banks; THENCE S 4 53.44 W a distance of 902.42 feet along the lands of Larry Banks; THENCE, S 5 32.25 W a distance of 828.79 feet along the lands of Larry Banks; THENCE, N 83 53.34 W a distance of 2,214.80 feet along the lands of Larry Banks; THENCE, S 31 43.55 W a distance of 495.46 feet along the lands of Dr. J. Troy Rahn; THENCE, N 72 50.52 W a distance of 1,578.34 feet along the lands of Dr. J. Troy Rahn; THENCE, S 32 15 W a distance of 281.24 feet along the lands of Dr. J. Troy Rahn to the run of the south prong of Beards Creek; THENCE, S 60 31.52 W a distance of 206.27 feet in the run of the south prong of Beards Creek; THENCE, S 83 9.16 E a distance of 1,548.92 feet along the lands of ITT Rayonier; THENCE, N 88 54.56 E a distance of 385.88 feet along the lands of ITT Rayonier; THENCE, S 49 53.08 E a distance of 282.56 feet along the lands of ITT Rayonier; THENCE, S 74 21.31 E a distance of 225.47 feet along the lands of ITT Rayonier; THENCE S 77 36.07 E a distance of 251.30 feet along the lands of ITT Rayonier; THENCE, S 49 28.33 E a distance of 125.85 feet

Page 4468

along the lands of ITT Rayonier; THENCE S 14 59.57 E a distance of 285.19 feet along the lands of ITT Rayonier; THENCE, S 12 34.22 W a distance of 123.15 feet along the lands of ITT Rayonier; THENCE, S 63 32.54 E a distance of 569.35 feet along the lands of ITT Rayonier and traversing U.S. Highway 301 to the eastern edge of U.S. Highway 301; THENCE, S 14 10.01 W a distance of 693.16 feet along the eastern edge of U.S. Highway 301; THENCE, S 17 34.31 W a distance of 191.56 feet along the eastern edge of U.S. Highway 301 to the point of BEGINNING. Said property is more accurately depicted by a plat by Joe P. Davis, Georgia Registered Surveyor 1436, dated February 5, 1990, reference being made hereto for descriptive and all other purposes. 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 1990 Session of the General Assembly of Georgia a Bill to ammend an Act creating a new Charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, so as to provide for the additional to the territorial limits of the city of a certain described tract of land to be acquired by the State of Georgia; to provide that the corporate limits of the city shall be extended so as to include such tract of land; to provide an effective date; to repeal conflicting laws; and for other purposes. CLINTON OLIVER Representative 121st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tatnall Journal which is the

Page 4469

official organ of Tatnall County, on the following date: February 15, 1990. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF LILBURN HOMESTEAD EXEMPTION; REFERENDUM. No. 948 (House Bill No. 1928). AN ACT To provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4470

Section 1. (a) Each resident of the City of Lilburn is granted an exemption on that person's homestead from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. Upon qualifying and receiving the homestead exemption provided for in subsection (b) of this section, such resident shall cease to be qualified to receive the homestead exemption provided for in this subsection. (b) Each resident of the City of Lilburn who is 65 years of age or over or who is disabled is granted an exemption on that person's homestead from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $10,000.00 of the assessed value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (c) In order to qualify for the exemption granted to disabled persons provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2. The governing authority of the City of Lilburn or its designee shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age of the owner and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3. The exemptions granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the

Page 4471

O.C.G.A., except that any applicant seeking an exemption under this Act shall file a written application therefor on or before August 1 of the year in which such exemption is sought. Section 4. After any such owner has filed the proper affidavit and, if disabled, the proper certificate, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Lilburn who has claimed any of the homestead exemptions provided for in this Act to notify the governing authority of the City of Lilburn or its designee in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5. The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Lilburn ad valorem taxes. Section 6. The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 7. The exemptions granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Lilburn 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 Lilburn for approval or rejection. The election superintendent shall conduct that election on or before August 1, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

Page 4472

() YES () NO Shall the Act be approved which provides a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of a resident's homestead for certain other residents of the City of Lilburn who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 of this Act shall become of full force and effect immediately. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Lilburn. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming 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 given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed

Page 4473

value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 12 day of February, 1990. /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: February 16, 1990. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4474

HENRY COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 949 (House Bill No. 1931). AN ACT To provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected; 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. The school superintendent of the Henry County School District in office on the effective date of this Act shall serve out the term of office for which he or she was elected. Thereafter, future school superintendents of the Henry County School District shall be appointed by the board of education of Henry County rather than elected; and no election for school superintendent of the Henry County School District shall be held in 1992 or thereafter. In the event of a vacancy in the office of school superintendent on or after the effective date of this Act, the vacancy shall be filled by appointment as provided in this Act. Section 2. The board of education shall appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3. Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this

Page 4475

section for the purpose of submitting this Act to the electors of the Henry County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Henry County School District shall be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the appointment of the school superintendent of Henry County; to provide for a referendum; and for other purposes.

Page 4476

This 22nd day of January, 1990. /s/ Wesley Dunn 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 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. HENRY COUNTY BOARD OF EDUCATION; MEMBERS; ELECTIONS; REFERENDUM. No. 950 (House Bill No. 1934). AN ACT To provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections

Page 4477

shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Successors to the members of the board of education of the Henry County School District whose terms expire December 31, 1992, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1992. Successors to the members of the board of education of the Henry County School District whose terms expire December 31, 1994, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1994. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same time as the general primary and election immediately preceding the expiration of their terms of office. (b) All nonpartisan primaries and elections for members of the board of education of the Henry County School District 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. Section 2. 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 School District for approval or rejection. The election superintendent shall conduct the election on the same date and in conjunction with the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:

Page 4478

() YES () NO Shall the Act providing for the election of future members of the board of education of the Henry County School District on a nonpartisan basis 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 Henry 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Board of Education of Henry County, approved March 28, 1985 (Ga. L. 1985, p. 4938), so as to provide that the members of the board of education shall be elected on a nonpartisan basis; to provide for a referendum; and for other purposes. This 22nd day of January, 1990. /s/ Wesley Dunn Honorable Wesley Dunn Representative, 73rd District

Page 4479

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 2, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. DEKALB COUNTYORDINANCE VIOLATIONS; PENALTIES. No. 951 (House Bill No. 1942). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, so as to change the penalties for ordinance violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4480

Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, is amended by striking subsection (c) of Section 9 of said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the Commission to carry out any of the provisions of this Section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereof; provided, however, that for violations of a pretreatment standard or requirement adopted pursuant to the federal Clean Water Act the maximum fine shall be $1,000.00 per day for each violation by an industrial user. 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 1990 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and board of commissioners, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, so as to change the fines which may be imposed by the Recorder's Court of DeKalb County for ordinance violations; and for other purposes. This 8th day of February, 1990. Thurbert E. Baker Representative, 51st District

Page 4481

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thurbert E. Baker, who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 15, 1990. /s/ Thurbert E. Baker Representative, 51st District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 22, 1990. CATOOSA COUNTY COMPREHENSIVE LAND USE PLAN; ADVISORY REFERENDUM. No. 952 (House Bill No. 1962). AN ACT To provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such county; to provide for a purpose; to provide for procedures and requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4482

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) It is the purpose of this Act to provide for an advisory referendum in Catoosa County to determine whether or not the adoption of a comprehensive land use plan and zoning ordinance is preferred by the electors of such county. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an advisory election as provided in this section for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance is preferred by a majority of the electors voting at such election. The election superintendent shall conduct that election on the date of and in conjunction with the July, 1990, state-wide 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 Catoosa County. The ballot shall have written or printed thereon the following: ADVISORY REFERENDUM ELECTION () YES () NO Shall the governing authority of Catoosa County adopt a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County? (c) It shall be the duty of the election superintendent of Catoosa County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of such election superintendent to certify the results of such election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Catoosa County. The expense of such election shall be borne by Catoosa County. (d) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Catoosa County and is

Page 4483

a public purpose and an essential governmental function for which public funds may be expended. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for an advisory referendum to be held in Catoosa County for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance is preferred by the electors of such county; and for other purposes. This 8th day of February, 1990. McCracken Poston, Jr. 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: February 14, 1990. /s/ McCracken Poston, Jr. Representative, 2nd District

Page 4484

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. CITY OF JERSEY NEW CHARTER; GOVERNING AUTHORITY; ELECTION; TERMS. No. 953 (House Bill No. 1973). AN ACT To provide a new charter for the City of Jersey; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

Page 4485

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Jersey in Walton 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 Jersey. References in this charter to the city or this city refer to the City of Jersey. The city shall have perpetual existence. Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Jersey, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

Page 4486

(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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and airconditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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 4487

(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 within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads,

Page 4488

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; (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

Page 4489

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 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

Page 4490

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; (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 change a rental therefor in such manner as may be

Page 4491

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; (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;

Page 4492

(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 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.

Page 4493

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the

Page 4494

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 Jersey shall consist of one election district with four numbered posts. Candidates shall run at large. (e) On the Tuesday next following the first Monday in November, 1990, and on that day biennially thereafter, there shall be elected a mayor and four councilmembers. The four persons receiving the greatest number of votes cast in such election shall be elected to the four council posts. In the case of a tie for the fourth seat, there shall be a run-off election. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended.

Page 4495

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 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

Page 4496

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 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.

Page 4497

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 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 Walton 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 Walton County following a hearing on a complaint seeking such removal brought by any resident of the City of Jersey.

Page 4498

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. 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.

Page 4499

Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14. Procedures. (a) The city council shall adopt its rules or procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining

Page 4500

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 denacting clause shall be The Council of the City of Jersey 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 three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall

Page 4501

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 Jersey, 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.

Page 4502

(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 have the power to: (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;

Page 4503

(5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) 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; (8) 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; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) 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 (12) 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

Page 4504

shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (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.

Page 4505

(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (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.

Page 4506

(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13. City clerk. The city council shall appoint a city clerk. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk, provided that, if a councilmember is appointed as clerk, such member shall not receive additional compensation as clerk. Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for

Page 4507

nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10. Municipal court. There may be a court to be known as the Municipal Court of the City of Jersey. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.

Page 4508

(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $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

Page 4509

the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Walton 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

Page 4510

the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance may, and if it levies any ad valorem taxes, 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 businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such

Page 4511

license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, 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

Page 4512

shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. 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.

Page 4513

The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. 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 may submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 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.

Page 4514

Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council may 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 may submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing 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) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29. Audits. There may be an annual independent audit of all city accounts, funds, and financial transactions by

Page 4515

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. 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

Page 4516

exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Specific repealer. An Act incorporating the Town of Jersey, approved August 24, 1905 (Ga. L. 1905, p. 914), as amended, is repealed in its entirety. Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Page 4517

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a new charter for the City of Jersey; to repeal an Act approved August 24, 1905 (Ga. L. 1905, p. 914), as amended; to repeal conflicting laws; and for other purposes. This 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990.

Page 4518

ROCKDALE COUNTY BOARD OF COMMISSIONERS; SALARY. No. 954 (House Bill No. 1982). 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, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, 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) Commissioners other than the chairman shall receive an annual salary for services as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The chairman shall receive an annual salary for services as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary of the chairman and commissioners shall be paid in equal monthly installments paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman and other commissioners shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.

Page 4519

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. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District

Page 4520

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. ROCKDALE COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; SALARY. No. 955 (House Bill No. 1983). AN ACT To amend an Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The chief magistrate of the Magistrate's Court of Rockdale County shall receive an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements.

Page 4521

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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended; and for other purposes. This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District

Page 4522

Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. WORTH COUNTY STATE COURT; SOLICITOR; SALARY. No. 956 (House Bill No. 1991). AN ACT To amend an Act establishing the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved September 20, 1989 (Ga. L. 1989, Ex. Sess., p. 44), so as to change the salary of 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 establishing the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved September 20, 1989 (Ga. L. 1989, Ex. Sess., p. 44), is amended by striking in its entirety Section 9 and inserting in lieu thereof a new Section 9 to read as follows: Section 9. The Solicitor of the State Court of Worth County shall receive a salary of $1,000.00 per month, payable on the first day of each calendar month out of the funds of Worth County, together with such supplemental salary as the governing authority of Worth County may, in its discretion, grant as authorized by general law. Said salary shall be his full

Page 4523

compensation, except such fees as he receives from the State for services rendered in the Court of Appeals in criminal cases appealed from said State court. 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 1990 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended; and for other purposes. This 15th day of February, 1990. Board of Commissioners of Worth County Worth 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 Sylvester Local News which is the official organ of Worth County, on the following date: February 15, 1990. /s/ Ray Holland Representative, 136th District

Page 4524

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1990. HART COUNTY SHERIFF; COMPENSATION. No. 969 (Senate Bill No. 357). AN ACT To amend an Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, so as to change certain 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 Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The sheriff shall receive an annual compensation in the same amount as provided for in Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended. There shall also be added to the total compensation of the sheriff as computed under said Article 1 additional compensation in the amount of $3,000.00. Such additional compensation shall not be included or in any manner utilized for the purpose of computing the amount of any cost-of-living increase or longevity increase to which the sheriff may be entitled under said Article 1. Such

Page 4525

compensation shall be payable in equal monthly installments from the funds of Hart County. 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 placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended; and for other purposes. This 7th day of February, 1989. /s/ Honorable Don Johnson Senator, 47th District /s/ Honorable Louie M. Clark Representative, 13th District /s/ Honorable Karen O. Irwin Representative, 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following date: February 8, 1989 and February 15, 1989. /s/ C. Donald Johnson, Jr. Senator, 47th District

Page 4526

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. Approved March 28, 1990. HART COUNTY TAX COMMISSIONER; SALARY. No. 970 (Senate Bill No. 358). AN ACT To amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change certain 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 creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection (a) to read as follows: (a) The tax commissioner shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the tax commissioner, such compensation shall not include any amounts received by the sheriff as additional compensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be construed

Page 4527

to reduce the compensation received by the tax commissioner in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive. 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 creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended; and for other purposes. This 7th day of February, 1989. /s/ Honorable Don Johnson Senator, 47th District /s/ Honorable Louie M. Clark Representative, 13th District /s/ Honorable Karen O. Irwin Representative, 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the

Page 4528

official organ of Hart County, on the following date: February 8, 1989 and February 15, 1989. /s/ C. Donald Johnson, Jr. Senator, 47th 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. Approved March 28, 1990. HART COUNTY SUPERIOR COURT; CLERK; PROBATE COURT; JUDGE; SALARIES. No. 971 (Senate Bill No. 359). AN ACT To amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:

Page 4529

Section 2. The clerk of the superior court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the clerk of the superior court, such compensation shall not include any amounts received by the sheriff as additional compensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be construed to reduce the compensation received by the clerk of the superior court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive. Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. The judge of the probate court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the judge of the probate court, such compensation shall not include any amounts received by the sheriff as additional compensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be construed to reduce the compensation received by the judge of the probate court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive. Section 3. This Act shall become effective on July 1, 1990.

Page 4530

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 clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended; and for other purposes. This 7th day of February, 1989. /s/ Honorable Don Johnson Senator, 47th District /s/ Honorable Louie M. Clark Representative, 13th District /s/ Honorable Karen O. Irwin Representative, 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following date: February 8, 1989 and February 15, 1989. /s/ C. Donald Johnson, Jr. Senator, 47th District

Page 4531

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. Approved March 28, 1990. FULTON COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; ELECTION; VACANCY. No. 972 (Senate Bill No. 442). AN ACT To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), so as to change the provisions relating to the selection of the chairman and provide for the election of the chairman by the qualified electors of the county; to change certain provisions relating to qualifications; to change certain provisions relating to 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 the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), is amended by striking subsection (c) of Section 2 of the

Page 4532

amendatory Act of 1952 (Ga. L. 1952, p. 2672), as amended by the amendatory Act of 1973 (Ga. L. 1973, p. 2462), the amendatory Act of 1974 (Ga. L. 1974, p. 2128), and the amendatory Act of 1982 (Ga. L. 1982, p. 4148) and inserting in its place a new subsection (c) of Section 2 to read as follows: (c) All members of the Board of Commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of said members shall have been residents of their respective Districts for at least one year as of the date of their taking office. The Commissioner from District 1 shall be the Chairman of the Board of Commissioners and shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for hereinafter. The Commissioners from Districts 2 and 3 shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for hereinafter. The members from Commissioner Districts 4 through 7 shall be residents of their respective Districts, and each such member shall be elected by a majority vote of the qualified electors voting within the member's respective District at the elections provided for hereinafter. Any person offering as a candidate for Commissioner shall designate the Commissioner District for which he is offering. All members of said 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., the `Georgia Election Code.' Section 2. Said Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2642), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), is amended by striking subsection (b) of Section 3 of the amendatory Act of 1952 (Ga. L. 1952, p. 2672), as amended by the amendatory Act of 1973 (Ga. L. 1973, p. 2462), the amendatory Act of 1974 (Ga. L. 1974, p. 2128), and the amendatory Act of 1982 (Ga. L. 1982, p. 4148), and inserting in its place a new subsection (b) of Section 3 to read as follows: (b) At the general election in 1990 and every four years thereafter, the Chairman of the Board of Commissioners shall

Page 4533

be elected by a majority vote of the qualified electors of the entire county and shall serve for a term of office of four years and until his successor is elected and qualified and shall take office on January 1 immediately following his election. In the event the office of the Chairman becomes vacant and the unexpired term is six months or less, the remaining members shall appoint a Chairman from the membership of the Board to serve for the unexpired term. If the unexpired term is more than six months, such vacancy shall be filled by a special election held in accordance with subsection (e) of this section for filling a vacancy in Commissioner District 1. The Chairman shall be a full voting member of the Board of Commissioners. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148); and for other purposes. This 29th day of December, 1989. HONORABLE MICHAEL J. EGAN Senator, 40th District Jan 3 1990-7 115542 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael J. Egan, who, on oath, deposes and says that he is Senator from the 40th District, and that the attached copy of Notice of Intention to Introduce

Page 4534

Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 3, 1990. /s/ Michael J. Egan Senator, 40th District Sworn to and subscribed before me, this 5th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF DAHLONEGA MAYOR; COUNCILMEN; ELECTION; TERMS. No. 973 (Senate Bill No. 614). AN ACT To amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), 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 creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), is amended by striking Article V, Section 5.10 in its entirety and substituting in lieu thereof a new Article V, Section 5.10 to read as follows:

Page 4535

Section 5.10. Regular Elections. The three councilmen 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, the successors and future successors to said three councilmen 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 and the mayor in office on January 1, 1990, whose terms normally expire at the first organizational meeting in 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 and future successors to said mayor and three councilmen 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 the office of mayor must receive a majority of the votes. In the event no candidate for mayor receives a majority of votes, the two candidates receiving the highest number of votes will be in a runoff not less than 14 days or more than 21 days after the regular election. The three candidates for councilman who receive the most votes in any given election shall be elected. In the event of a tie for third place, a runoff shall be held not less than 14 days or more than 21 days after the regular election. The subsequent terms 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 hereby given that there will be introduced at the 1990 regular session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, P.4,354), so as to change the

Page 4536

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. 1c-1-18 AFFIDAVIT GEORGIA, LUMPKIN BEFORE me came in person Alice R. Martin who, having been duly sworn, on oaths says: That(s)he is an authorized representative of the Dahlonega Nugget, and thereby qualified to execute this affidavit, that the Notice of Intention to Introduce Local Legislation a copy of which is attached was published in the Dahlonega Nugget, which is the applicable legal organ, according to the requirements and provisions set out in O.C.G.A. 36-35-3. Dahlonega Nugget BY: Alice R. Martin Sworn to and subscribed before me this 18th day of January, 1990. /s/ Lou Moss Unofficial Witness /s/ Janet M. Jarrard Notary Public State of Georgia My Commission Expires Jan, 6, 1991 Approved March 28, 1990.

Page 4537

CITY OF ATLANTA MUNICIPAL COURT; FINES AND PENALTIES. No. 974 (Senate Bill No. 677). AN ACT To amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta; to provide that the moneys collected from such additional penalties and sums shall be expended only to fund victims and witnesses assistance programs; to provide for annual reports; 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 Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is amended by adding immediately following Section 4-102 a new Section 4-102A to read as follows: Section 4-102A. Victims and Witnesses Assistance Programs. (a) In every case in the Municipal Court of Atlanta in which the court imposes a fine for a violation of a state law or a city ordinance, there shall be imposed as an additional penalty a sum of $1.00. (b) At the time of posting bail or bond in any case before the Municipal Court of Atlanta, an additional sum of $1.00 shall be posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted shall be paid into the special fund provided for in subsection (c) of this section. (c) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in subsections (a) and (b) of this section shall be collected by the court officer charged with the duty of

Page 4538

collecting fines and forfeited bails or bonds and shall be transmitted to the treasury of the City of Atlanta to be placed in a special fund. The solicitor shall have the authority to enter into agreements and contracts on behalf of the City of Atlanta for the purpose of implementing victim and witness assistance programs in the Municipal Court of Atlanta. The moneys in the fund shall be expended only to fund victims and witnesses assistance programs. An annual report of the amount of moneys paid into the special fund and the expenditures made therefrom for victims and witnesses assistance programs shall be made to the governing body of the city. (d) Except for moneys paid into the victims and witnesses assistance programs as provided in subsections (a) through (c) of this section, all moneys arising from fines or forfeitures imposed and collected in the Municipal Court of Atlanta shall be paid into the treasury of the city and shall be used exclusively to defray the expense of operating the court. 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 1990 session of the General Assembly of Georgia legislation to amend the Charter of the City of Atlanta, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes. This 10th day of January, 1990. William (Bill) M. Alexander Legislative Coordinator City of Atlanta

Page 4539

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 18, 1990. /s/ Horace Tate Senator, 38th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the General Assmbly of Georgia legislation to amend the Charter of the City of Atlanta, the title of such bill or bills to be as follows: An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and Dekalb, creating a new charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes. This 10th day to January, 1990. William (Bill) M. Alexander Legislative Coordinator City of Atlanta

Page 4540

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Horact 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 Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 16, 1990. /s/ Horace Tate Senator, 38th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Connission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. DEKALB COUNTY BOARD OF EDUCATION; MEMBERS; EXPENSE ALLOWANCE. No. 976 (Senate Bill No. 719). AN ACT To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), so as to provide an expense allowance for members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4541

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), is amended by constituting the present language of Section 9 as subsection (a) of Section 9 and by adding immediately following said subsection (a) a new subsection (b) to read as follows: (b) In addition to the salary provided for in subsection (a) of this section, the chairman and each member of the Board of Education of DeKalb County shall receive an expense allowance of $300.00 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 1990 session of the General Assembly of Georgia a bill to amend an Act establishing in DeKalb County districts from which members of the board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended; and for other purposes. This 29 day of Jan., 1990. Honorable James W. Tysinger Senator, 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Tysinger, who, on oath, deposes and says that he is Senator from the 41st District,

Page 4542

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 8, 1990. /s/ James W. Tysinger Senator, 41st District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF JEFFERSON ORDINANCES; APPROVAL AND ADOPTION. No. 977 (Senate Bill No. 761). AN ACT To amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, approved April 17, 1973 (Ga. L. 1973, p. 2887), as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, approved April 17, 1973 (Ga. L. 1973, p. 2887), as amended, is

Page 4543

amended by striking Section 2.11 in its entirety and inserting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. City Legislation. Any action of the City Council having a regulatory or penal effect or required to be done by ordinance under this Act shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the City 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 put them into a permanent record book used solely for this purpose; and the City Clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. No ordinance shall be approved until it has been read at least one time at a regular meeting of the City Council or at a special meeting of the City Council called in accordance with Section 2.05 of this Act. The City Council may, at its discretion, require more than one reading of any proposed ordinance. Section 2. All ordinances adopted by the Mayor and City Council of the City of Jefferson prior to the effective date of this Act shall be declared valid, binding, and of full force and effect. 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 INTENT TO INTRODUCE LOCAL LEGISLATION This is to serve notice of intention to introduce local legislation in the 1990 session of the Georgia General Assembly for the purposes of amending the Charter of the City of Jefferson to repeal certain provisions of said charter and to repeal conflicting laws and for other purposes.

Page 4544

This the 19th day of February, 1990. Don Johnson, Senator 47th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 21, 1990. /s/ C. Donald Johnson, Jr. Senator, 47th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF JEFFERSON PUBLIC SCHOOL SYSTEM; SCHOOL TAX. No. 978 (Senate Bill No. 764). AN ACT To amend an Act establishing a public school system in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills

Page 4545

per dollar for the support and maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. To amend an Act establishing a public school system in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, is amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Be it further enacted that the State school fund shall be supplemented by an ad valorem tax levied by the Mayor and Council of the City of Jefferson, as follows: The Board of Education shall, by the first of September of each year, make an estimate of the amount necessary to be raised that year for the additional support of public schools in said city and place this estimate before the Mayor and Council of said city when the same is approved by said Mayor and Council it shall be their duty when making the annual tax levy for the current expenses of said city to levy a school tax along with the other city taxes upon all taxable property within the corporate limits of the City of Jefferson and the said Mayor and Council are hereby authorized and required to levy said school tax and collect, or have the same collected by the city officers, along with the other ad valorem taxes of said city in the same manner as other city taxes are levied and collected; provided, however, that said Mayor and Council shall have authority to levy and collect annually a school tax not greater than 20 mills per dollar for the support and maintenance of education within said city. The Mayor and Council shall annually levy said tax to be used for school purposes upon the assessed value of all taxable property within said city. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 4546

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION This is to serve notice of intention to introduce local legislation in the 1990 session of the Georgia General Assembly for the purposes of amending the act establishing Public School System in the City of Jefferson, Georgia, in regards to the amount of tax to be levied by the Mayor and Council for the support of the Public School System in the City of Jefferson. This the 19th day of February, 1990. Don Johnson, Senator 47th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, Jr., who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 21, 1990. /s/ C. Donald Johnson, Jr. Senator, 47th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4547

MONROE COUNTY BOARD OF COMMISSIONERS; SALARY; REFERENDUM. No. 979 (Senate Bill No. 765). AN ACT To amend an Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the compensation of the commissioners; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, is amended by striking the last sentence of Section 6 and inserting in lieu thereof the following: The chairman of the board of commissioners shall be compensated in the amount of $400.00 per month to be paid from the funds of Monroe County. The other members of the board of commissioners shall be compensated in the amount of $350.00 per month to be paid from the funds of Monroe County. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Monroe County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Monroe County for approval or rejection. The election superintendent shall conduct that election on November 6, 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 Monroe County. The ballot shall have written or printed thereon the words:

Page 4548

() YES () NO Shall the Act be approved which increases the compensation of each of the members of the board of commissioners in the amount of $200.00 per month? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1991. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Monroe County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. Section 2 of 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 January 1, 1991, provided that more than one-half of the votes cast on the question in Section 2 of this Act are for approval of the Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Monroe County approved August 19, 1907, p. 318', as amended particularly by an Act approved April 25, 1969 GA. L. 1969, p. 3629'; to provide for a referendum; and for other purposes. This 19th day of February 1990. /s/ W. Franklin Freeman, Jr. County Attorney

Page 4549

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W.F. Harris, 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: February 21, 1990. /s/ W. F. Harris Senator, 27th District Sworn to and subscribed before me, this 27th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. COBB COUNTY STATE COURT; ASSISTANT SOLICITORS; NUMBER. No. 980 (Senate Bill No. 766). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4224), so as to increase the number of assistant solicitors; to provide that one of such assistant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4550

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4224), is amended by striking subsection (d) of Section 27 of said Act in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of 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 three additional assistant solicitors, one of whom shall be the chief assistant solicitor and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. 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. Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an

Page 4551

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. 3605); and for other purposes. This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Hugh A. Ragan Senator, 32nd District

Page 4552

Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF BALL GROUND NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES. No. 981 (House Bill No. 2042). AN ACT To provide a new charter for the City of Ball Ground; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

Page 4553

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Ball Ground in Cherokee 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 Ball Ground. References in this charter to the city or this city refer to the City of Ball Ground. The city shall have perpetual existence. Section 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the 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 Ball Ground, 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. (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. 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

Page 4554

powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose 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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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

Page 4555

Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;

Page 4556

(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 municipal 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; (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;

Page 4557

(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 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,

Page 4558

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; (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

Page 4559

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; (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,

Page 4560

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 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.

Page 4561

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 councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided

Page 4562

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 Ball Ground 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 Tuesday next following the first Monday in November, 1991, and on that day biennially thereafter, there shall be elected a mayor and two councilmembers. On the Tuesday next following the first Monday in November, 1990, and on that day biennially thereafter, there shall be elected three councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. For purposes of electing the mayor and the councilmembers for terms of two years, this section is enacted pursuant to subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such

Page 4563

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. (a) Until changed as provided in subsection (b) of this section, the mayor and councilmembers shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and councilmembers may be changed by ordinance, but any increase shall be subject to the provisions of Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.16. 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;

Page 4564

(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected 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.

Page 4565

(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. (f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office which would be in conflict with his or her appointive office or city employment. (g) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. 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;

Page 4566

(4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Cherokee 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 Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Ball Ground. 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:

Page 4567

I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.

Page 4568

(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 rollcall vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Ball Ground 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

Page 4569

shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in 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

Page 4570

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 Ethereto 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 Ball Ground, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers

Page 4571

granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or (persons employed by the city and qualified in management and administration. Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) 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; (8) 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;

Page 4572

(9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) 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 (12) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently 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.

Page 4573

Section 3.24. Limitation on terms of service. No mayor elected and qualified for four terms shall be eligible for the next succeeding term. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

Page 4574

(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 majority vote of the members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of

Page 4575

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 administrator; appointment; qualifications; compensation. The mayor and city council may appoint a city administrator for an indefinite term and shall fix his or her compensation and shall establish his or her duties. The administrator shall be appointed solely on the basis of his or her executive and administrative qualifications and shall serve at the pleasure of the mayor and city council. Section 4.14. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Section 4.15. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. Section 4.16. City accountant. The mayor and council may appoint a city accountant and other related personnel to perform the duties as required. The city council shall provide for the compensation of the accountant.

Page 4576

Section 4.17. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.18. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. 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 Ball Ground. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.

Page 4577

(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. Members of the State Bar of Georgia shall be given preference in selection, but such membership is not required. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $1,000.00 or 15 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 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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

Page 4578

violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cherokee County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Page 4579

Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be 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.

Page 4580

Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, 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.

Page 4581

Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. 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

Page 4582

improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal 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

Page 4583

created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

Page 4584

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. 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

Page 4585

an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Specific repealer. An Act reincorporating the City of Ball Ground in the County of Cherokee, approved February 18, 1941 (Ga. L. 1941, p. 1084), is hereby repealed in its

Page 4586

entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the Regular 1990 Session of the General Assembly of Georgia a bill to grant a new charter to the City of Ball Ground and to repeal the existing charter (1941). This 19th day of February, 1990. William G. Hasty, Sr. Steven L. 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 21, 1990. /s/ Steve Stancil Representative, 8th District

Page 4587

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. DOUGHERTY JUDICIAL CIRCUIT SUPERIOR COURT; JUDGES; SUPPLEMENTS. No. 982 (House Bill No. 2044). AN ACT To amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, so as to change the county supplements for the judges of that 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 Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, is amended by striking Section 2A and inserting in its place a new Section 2A to read as follows: Section 2A. (a) (1) Effective until June 30, 1991, the judge of the Superior Court of Dougherty County senior in term of continuous service shall receive from county funds an annual supplement of $15,875.00.

Page 4588

(2) Effective July 1, 1991, the judge of the Superior Court of Dougherty County senior in term of continuous service shall receive from county funds an annual supplement of $19,750.00. (3) Effective until June 30, 1991, each judge of the Superior Court of Dougherty County other than the senior judge shall receive from county funds an annual supplement of $13,875.00. (4) Effective July 1, 1991, each judge of the Superior Court of Dougherty County other than the senior judge shall receive from county funds an annual supplement of $17,750.00. (b) The supplement provided by this section shall be payable from the funds of Dougherty County in equal monthly installments. Such supplement shall be in addition to the compensation of the judges of the Dougherty Judicial Circuit provided by law. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3706); and for other purposes. This 3rd day of February, 1990. Tommy Chambless Honorable Tommy Chambless Representative, 133rd District

Page 4589

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 3, 1990. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. PEACH COUNTY BOARD OF COMMISSIONERS; REDEVELOPMENT POWERS; REFERENDUM. No. 983 (House Bill No. 2045). AN ACT To amend an Act establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the O.C.G.A., 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.

Page 4590

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, is amended by adding immediately following Section 6A a new Section 6B to read as follows: Section 6B. The county shall have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the O.C.G.A., the `Redevelopment Powers Law,' as now or hereafter amended. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Peach County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Peach County 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 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 preciding the date thereof in the official organ of Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act authorizing Peach County to have and to exercise all redevelopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the O.C.G.A., the `Redevelopment Powers Law,' as now or hereafter amended, be approved?

Page 4591

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, 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 Peach County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act establishing the board of commissioners of Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to authorize Peach County to have and be authorized to exercize all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law as now or hereafter amended, and provide for certain such powers; to provide for a referendum; and for other purposes. This 21st day of February, 1990. Honorable Robert Ray Representative, 98th District

Page 4592

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 21, 1990. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. WILKES COUNTY BOARD OF EDUCATION; ELECTION; TERMS; REFERENDUM. No. 984 (House Bill No. 2047). AN ACT To amend an Act providing for the election of the members of the board of education of Wilkes County, approved March 18, 1986 (Ga. L. 1986, p. 4091), so as to change the provisions relating to the election and terms of members of said board; to provide for a referendum, effective date, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4593

Section 1. An Act providing for the election of the members of the board of education of Wilkes County, approved March 18, 1986 (Ga. L. 1986, p. 4091), is amended by striking Section 3 and 4 thereof and inserting in their respective places new Sections 3 and 4 to read as follows: Section 3. The first members of the board of education of Wilkes County, as constituted in Section 2 of this Act, who were elected at the 1990 November general election shall take office the first day of January, 1991, for terms of office which shall expire December 31, 1994, and upon the election and qualification of their respective successors. Section 4. (a) Successors to the chairman and members of the board from Education District No. 3 and Education District No. 4 whose terms of office expire December 31, 1994, shall be elected at the 1994 November general election and take office the first day of January following that election for terms of office which shall expire December 31, 1996, and upon the election and qualification of their respective successors. Those successors shall be elected at the 1996 November general election and shall take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified. All future successors to the chairman and members of the board from Education District No. 3 and Education District No. 4 whose terms of office are to expire shall be elected at the November general election immediately preceding such expiration of terms and shall take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified. (b) Successors to the members of the board from Education District No. 1 and Education District No. 2 whose terms of office expire December 31, 1994, shall be elected at the 1994 November general election and take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified. All future successors to the members of the board from Education District No. 1 and Education District No. 2 whose terms of office are to expire shall be elected at the November general election immediately preceding such expiration of terms and shall take office the first day of January following that election

Page 4594

for terms of office of four years each and until their respective successors are elected and qualified. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wilkes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Wilkes County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the 1990 November general election 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 Wilkes County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which staggers the terms of the members of the Wilkes County Board of Education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect January 1, 1991. 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 Wilkes 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 1990 regular session of the General Assembly of Georgia a Bill to change the terms of office of the members of the Board of Education

Page 4595

of Wilkes County Georgia; to adjust the terms of certain members so as to achieve a system of staggered terms; to provide for a referendum election with respect to the foregoing; to provide for related matters; and for other purposes. This 14th day of February 1990. James I. Roberts Attorney for Wilkes County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following date: February 15, 1990. /s/ Edward D. Ricketson Representative, 82nd District Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4596

CITY OF GRIFFINBOARD OF COMMISSIONERS; CHAIRMAN; POWERS; DUTIES; REFERENDUM. No. 985 (House Bill No. 2050). AN ACT To amend an Act creating a new charter for the City of Griffin, Georgia, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to designate the chairman of the board of commissioners; to provide for the selection of a chairman pro tem; to define the powers and duties of the chairman; to provide for all matters related 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 for the City of Griffin, Georgia, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is amended by striking in its entirety Section 10 and inserting in lieu thereof a new Section 10 to read as follows: Section 10. Chairman of Commission; Honorary Mayor. The commissioner elected to represent District 7 shall be the chairman of the board of commissioners and shall exercise the powers and carry out the duties of said office. No person shall be eligible to serve more than two successive terms as chairman. The chairman shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for other members of the commission. The chairman shall hold the honorary title of `Mayor' for ceremonial purposes only. Section 2. Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof a new Section 11 to read as follows: Section 11. Chairman Pro Tem. At the first regular meeting of the board of commissioners in January of each year, and as the first order of new business after the swearing in of newly elected commissioners, the chairman shall designate a commissioner to serve as chairman pro tem for a one-year term.

Page 4597

The chairman pro tem shall assume the duties and powers of the chairman during the chairman's disability or absence. The board of commissioners by a majority vote shall elect a new presiding officer from among its members for any period in which the chairman pro tem is disabled or absent. Any such disability or absence of either the chairman or chairman pro tem shall be declared by a majority vote of the board of commissioners. Section 3. Said Act is further amended by striking in its entirety Section 14 and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Chairman to Be Chief Executive Officer. The chairman shall be the chief executive officer of this city. He shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all executive and administrative powers contained in this charter. Section 4. Said Act is further amended by striking in its entirety Section 15 and inserting in lieu thereof a new Section 15 to read as follows: Section 15. Powers and Duties of Chairman. As the chief executive of this city, the chairman shall: (1) Preside at all meetings of the board of commissioners and maintain decorum in accordance with Robert's Rules of Order ; (2) Be the head of the city for the purpose of service of process and be the official spokesman for the city and the chief advocate of policy; (3) 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; (4) Be counted toward a quorum as any other commissioner but vote on matters before the board of commissioners only when needed to break a tie;

Page 4598

(5) Provide general oversight of all appointive officers of the city to assure all laws and ordinances are faithfully executed; (6) With the assistance of the city manager, prepare and submit to the board of commissioners a recommended annual operating budget and recommended capital improvements budget; (7) With the assistance of the city manager, submit to the board of commissioners at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the board of commissioners may request; (8) Recommend to the board of commissioners 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; (9) Call special meetings of the board of commissioners as provided for in this charter; (10) Approve and disapprove ordinances as provided in this charter; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; and (12) Perform such other duties as may be required by law, this charter, or by ordinance. Section 5. Said Act is further amended by striking in its entirety Section 16 and inserting in lieu thereof a new Section 16 to read as follows: Section 16. Submission of Ordinances to Chairman; Veto Power. (a) Every ordinance adopted by the board of commissioners shall be presented promptly by the secretary of the board to the chairman. (b) The chairman, within ten calendar days of receipt of an ordinance, shall return it to the secretary of the board with

Page 4599

or without his approval or with his disapproval. If the ordinance has been approved by the chairman, it shall become law upon its filing with the secretary. Unless an effective date is stated in the ordinance, 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 chairman shall submit to the board of commissioners through the secretary a written statement of his reasons for his veto. The secretary shall record upon the ordinance the date of its delivery to and receipt from the chairman. (c) Ordinances vetoed by the chairman shall be presented by the secretary to the board of commissioners at its next regular meeting. If the board of commissioners then adopts the ordinance by a two-thirds' affirmative vote, it shall become law. (d) The chairman may disapprove or reduce any 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 board of commissioners over the chairman's veto as provided in subsection (c) of this section. The reduced part or parts shall be presented to the board of commissioners as though disapproved and shall become law unless overridden by the board of the board of commissioners as provided in subsection (c) of this section. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Griffin 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 Griffin for approval or rejection. The election superintendent shall conduct that election on the date and time of the general primary 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 Spalding County. The ballot shall have written or printed thereon the words:

Page 4600

() YES () NO Shall the Act be approved which amends the charter of the City of Griffin to designate the chairman and chairman pro tem and redefines the powers and duties of the office of chairman? 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 City of Griffin. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend the Charter of the City of Griffin aso as to designate the Chairman of the Board of Commissioners; to provide for selection of a Chairman pro tem; to redefine the powers and duties of the office of Chairman; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 23 day of February, 1990. J. ROBERT GATLIN, CLERK BOARD OF COMMISSIONERS CITY of GRIFFIN.

Page 4601

STATE OF GEORGIA, COUNTY OF SPALDING. Personally appeared before me, an officer duly authorized to administer oaths, OTIS RAYBON, who being sworn, deposes and states that he is the Publisher of THE GRIFFIN DAILY NEWS, the legal organ of Spalding County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in said newspaper on the following date: Further affiant sayeth not. /s/ Otis Raybon Sworn to and subscribed before me, this 23rd day of February, 1990. /s/ Alan Perry Notary Public, Spalding County, Ga. My commission expires: 8/14/93 (SEAL) Approved March 28, 1990. DEKALB COUNTY CITY OF ATLANTA AND DEKALB COUNTY; MEETINGS; NOTICE. No. 986 (House Bill No. 2052). AN ACT To amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to provide for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of contracts regarding the delivery of services in Atlanta in DeKalb; to provide for attendance of the meetings; to provide for notice of such meetings; to

Page 4602

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 imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, is amended by adding a new subsection (d) to Section 8 of said Act to read as follows: (d) At least once a year, the member or members of the Atlanta City Council whose districts cover `Atlanta in DeKalb,' the president of the Atlanta City Council or his designee, the mayor of the City of Atlanta or his designee, the chief executive officer of DeKalb County or his designee, the presiding officer of the DeKalb County Commission or his designee, the member or members of the DeKalb County Commission whose districts cover `Atlanta in DeKalb,' and any staff deemed necessary and appropriate to the discussions from both the Atlanta City Council and the DeKalb County Commission shall meet for the purpose of discussing delivery of services in `Atlanta in DeKalb.' Such meeting shall be advertised once a week for two weeks immediately preceding the date of such meeting. No activity requiring action by both the city council and the county commission shall be initiated or undertaken at any meeting conducted under this subsection. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provisions of certain governmental services, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended; and for other purposes.

Page 4603

This 15th day of February, 1990. Honorable Frank Redding Representative, 50th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 22, 1990. /s/ Frank L. Redding Representative, 50th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. TOOMBS COUNTY SCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 987 (House Bill No. 2053). AN ACT To provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected; to provide for related matters; to

Page 4604

provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The school superintendent of the Toombs County School District in office on the effective date of this Act shall serve out the term of office for which he or she was elected. Thereafter, future school superintendents of the Toombs County School District shall be appointed by the board of education of the Toombs County School District rather than elected; and no election for school superintendent of the Toombs County School District shall be held in 1992 or thereafter. In the event of a vacancy in the office of school superintendent on or after the effective date of this Act, the vacancy shall be filled by appointment as provided in this Act. Section 2. The board of education shall appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3. Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Toombs County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Toombs County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ

Page 4605

of Toombs County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Toombs County School District shall be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed. The expense of such election shall be borne by Toombs County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide that the school superintendent of the Toombs County School District shall be appointed by the board of education of the Toombs County School District; to provide a referendum; and for other purposes. This 19th day of February, 1990 J.H. Collins, Supt. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District,

Page 4606

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 22, 1990. /s/ Fisher Barfoot Representative, 120th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF LUMPKIN CORPORATE LIMITS. No. 988 (House Bill No. 2056). AN ACT To amend an Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), 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 Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), is amended by adding a new section immediately following Section 1.2, to be designated Section 1.2A, to read as follows:

Page 4607

Section 1.2A. In addition to any other territory lying within the corporate limits of the City of Lumpkin, such corporate limits shall also include the following described property: All that tract or parcel of land situate, lying and being in Land Lots 79 and 80 in the 23rd Land District of Stewart County, Georgia, being more particularly described as follows: Begin at the point marking the intersection of the east city limits line of the City of Lumpkin, Georgia and the southern right of way of Georgia Highway 27, and run thence easterly along said right of way to the northwest corner of property owned now or formerly by Norma L. Holloway (see Deed Book 82 Page 455 for description); thence, south along said Norma L. Holloway property to its southwest corner; thence, southeast along said Norma L. Holloway property to a corner in property owned by Edward G. Holloway (see Deed Book 75 Page 319 for description); thence, southeasterly along Edward G. Holloway property to its corner with the Fred Waye property; thence, southwesterly along the Edward G. Holloway property to the northeastern right of way of County Road 79 (Main Street); thence, southeasterly along County Road 79 to the southwestern corner of the Ruby Lee Smith lot, which is a corner in the Edward G. Holloway property; thence, northeasterly along the Edward G. Holloway property to a corner on the boundary line of property of W.C. Johnson, Jr. (see Deed Book 86 Page 546 for description); thence, southeasterly along said Johnson property to a corner; thence, eastnortheasterly along said Johnson property to a corner with the western boundary of Holiday Heights Subdivision (see Deed Book 40 Page 169 for description and Deed Book 40 Page 214 for plat); thence, northerly along the western boundary of Holiday Heights Subdivision to Georgia Highway 27; thence, easterly along Georgia Highway 27 and the northern boundary of Holiday Heights Subdivision to the northeast corner of Holiday Heights Subdivision Lot 1 and the west right of way of a public road; thence, easterly to the east right of way of said public road; thence, south along the eastern right of way of said public road to the northwest corner of Holiday Heights Subdivision Lot 19; thence, east 100 feet to the northeast corner of Holiday

Page 4608

Heights Subdivision Lot 19; thence, south 850 feet along the eastern boundary of Holiday Heights Subdivision; thence, South 3345 West along Holiday Heights Subdivision Lots 2 and 1 for 190 feet to the northern right of way of County Road 79; thence, further South 3345 West to the southern right of way of County Road 79; thence, easterly along County Road 79 to the eastern right of way of a street known as Liberty Street; thence, South 3257 West 186.2 feet along Liberty Street to the northwest corner of Lot 32 in Singer Heights Subdivision (see Plat Book 1 Page 124); thence, South 5703 East along Singer Heights Subdivision Lot 32 for 150 feet to the northeast corner of said Lot 32; thence, South 3257 West along Singer Heights Subdivision Lots 32, 33 and 34 to a corner; thence, South 8551 West along Singer Heights Subdivision Lots 34 and 35 for 188 feet; thence, North 4115 West along Singer Heights Subdivision Lots 35, 36 and 37 to the southeast corner of Lot 18 in the First Addition to Singer Heights Subdivision (see Plat Book 1 Page 187); thence, southwest along First Addition to Singer Heights Subdivision Lot 18 for 164.7 feet to a corner; thence, westerly along the southern boundary line of First Addition to Singer Heights Subdivision, from Lots 19 to 30, to the east city limits line of the City of Lumpkin, Georgia; thence, North along said city limits line to the Point of Beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1990 Session of the Georgia General Assembly, bills annexing property into the City of Lumpkin. The property to be annexed is commonly known as Holiday Heights and Singer Heights. A description of the property to be annexed may be reviewed at the Lumpkin City Hall during normal business hours. This the 19th day of February, 1990. MAYOR AND COUNCIL CITY OF LUMPKIN

Page 4609

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: February 22, 1990. /s/ Gerald Greene Representative, 130th District Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF HIRAM CORPORATE LIMITS. No. 989 (House Bill No. 2057). AN ACT To amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to expand 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 Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as

Page 4610

amended, is amended by adding at the end of Section 4, relating to the corporate limits, the following: The corporate limits of the City of Hiram shall include the following described property: The entire width of the right-of-way of the Dallas By-Pass from its intersection with the west right-of-way of U. S. Highway 278 and thence running westerly to Paris Road at Station 349 + 80.43. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Hiram in Paulding County, approved Feb. 27th, 1956 (Ga. L. 1956, p. 2620), so as to expand the corporate limits of the city. This 19th day of February, 1990. Honorable L. Charles Watts, Representative 41st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: February 22, 1990. /s/ L. Charles Watts Representative, 41st District

Page 4611

Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. LEE COUNTY BOARD OF ELECTIONS; CREATION. No. 990 (House Bill No. 2058). AN ACT To create a board of elections for Lee County, Georgia; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation, and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistants, and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is enacted pursuant to the provisions of Code Section 21-2-40 of the O.C.G.A., which became effective on November 1, 1982, and which authorizes the General Assembly by local law to create a board of elections in any county and to empower such board with the powers and duties granted to an election superintendent pursuant to Chapter 2 of Title 21 of the O.C.G.A. Section 2. There is created the Lee County Board of Elections, which on and after January 1, 1991, shall be the sole body in such county empowered with the powers and duties granted

Page 4612

to an election superintendent pursuant to Chapter 2 of Title 21 of the O.C.G.A. Section 3. The board shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be appointed in the following manner: (1) Two members shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor at the general election immediately preceding the appointment of the members. Such members shall be nominated by the chairman and ratified by the county executive committee of such political party 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; (2) Two members shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor at the general election immediately preceding the appointment of the members. Such members shall be nominated by the chairman and ratified by the county executive committee of such political party 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; and (3) One member shall be appointed by the governing authority of Lee County. No more than one member of the board shall reside in each of the election districts by which members of the county governing authority are elected. The member appointed by the county governing authority and one member appointed by each political party shall be appointed for initial terms beginning on January 1, 1991, and ending on December 31, 1995, and until their successors are appointed and qualified. The remaining members appointed by the political parties shall be appointed for initial terms beginning on January 1, 1991, and ending on December 31, 1993, and until their successors are appointed and qualified. Thereafter, members shall be appointed for terms of four years, beginning on the first day of January immediately following the end of the preceding

Page 4613

term. The board shall by majority vote elect a chairman who shall serve at the pleasure of the board. Section 4. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and position of any member shall be deemed vacant upon such member's appointment to or qualifying as a candidate for elective public office. Section 5. 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 on which such member is to take office, stating the name and residential address of the person 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 6. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Section 7. 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 3 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 8. Before entering upon their duties, the members shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 9. The board shall:

Page 4614

(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; and (2) With regard to the preparation for the conduct and administration of primaries, 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. Section 10. 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 to the board by the county executive committee of each political party. Section 11. 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 12. Compensation for the members of the board, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Section 14. The words election, elector, political party, primary, public office, special election, and special primary, shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

Page 4615

Section 15. This Act shall become effective on January 1, 1991. Section 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill to repeal an act providing for a Board of Elections in each county of this State having a population of not less than 11,675 and no more than 11,725 according to the United States Decennial Census of 1980, approved April 12, 1982 (Ga. L. 1982, p. 4465) to recreate a Lee County Board of Elections having five members; and for other purposes. This 30th day of January, 1990. WILLIAM E. CANNON, JR. COUNTY ATTORNEY 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 Lee County Ledger which is the official organ of Lee County, on the following date: February 8, 1990. /s/ Ray Holland Representative, 136th District

Page 4616

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLAYTON COUNTY BOARD OF COMMISSIONERS; SALARY; AUDIT REPORT. No. 991 (House Bill No. 2059). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4051), 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 March 22, 1989 (Ga. L. 1989, p. 4051), is amended by striking from Section 7 the following: $60,000.00 and $9,775.00, respectively, and substituting in lieu thereof the following:

Page 4617

$61,500.00 and $10,020.00, 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 $61,500.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The chairman of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. The other four members of the board shall be compensated in the amount of $10,020.00 per annum to be paid in equal monthly installments. Each of the other members of the board shall receive an annual expense allowance of $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. 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 1990 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.

Page 4618

This 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLAYTON COUNTY BOARD OF COMMISSIONERS; AUDIT REPORT. No. 992 (House Bill No. 2060). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4051), so as to change the content of the report and audit

Page 4619

submitted to the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4051), is amended by striking from the fourth sentence of subsection (b) of Section 14 the symbol and figure $100.00 and substituting in lieu thereof $1,500.00 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 $1,500.00 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 if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered.

Page 4620

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 1990 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 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 27th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4621

DOUGHERTY COUNTYBOARD OF COMMISSIONERS; SALARY. No. 993 (House Bill No. 2065). AN ACT To amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5228), so as to change the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5228), is amended by striking in its entirety Section 7 and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Be it further enacted by the authority aforesaid, that the salary of the chairman of the board shall be $8,400.00 per annum and the salaries of the remaining members of the board shall be $7,200.00 per annum. Said salary shall be paid in equal monthly installments out of the treasury of Dougherty County. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly

Page 4622

by an Act approved March 31, 1967 (Ga. L. 1967, p. 5228); and for other purposes. This 3rd day of February, 1990. Tommy Chambless 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: February 3, 1990. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4623

CLAYTON COUNTYSUPERIOR COURT; SHERIFF; CLERK; SALARY. No. 994 (House Bill No. 2067). 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 22, 1989 (Ga. L. 1989, p. 4048), so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service; 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 22, 1989 (Ga. L. 1989, p. 4048), is amended by striking Section 1 which reads as follows: Section 1. The salaries for the officers herein named shall be their full and complete salaries, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $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., and inserting in its place a new Section 1 to read as follows:

Page 4624

Section 1. (a) The salaries provided for the officers compensated under this section shall be their full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall be construed to be county funds and accountable as such. Any funds, except the salaries provided for in this section, which are collected by such officers under the color of their offices shall be construed to be county funds and accountable as such. The salaries provided for in this section shall be paid in equal monthly installments from county funds. (b) The sheriff of Clayton County shall receive an annual salary of $52,600.00. (c) (1) The clerk of Superior Court of Clayton County shall receive an annual salary of $41,300.00. (2) In addition to the salary specified in paragraph (1) of this subsection, the clerk of superior court shall receive a longevity allowance of 1 percent of the amount provided for in paragraph (1) of this subsection for each calendar year of service as such completed by the clerk of superior court, subject to the following qualifications: (A) A calendar year shall be that period of time beginning January 1 and ending December 31; (B) Any calendar year during which a clerk of superior court serves as such for more than 180 days shall be counted as a complete calendar year of service; (C) No clerk of superior court shall receive credit under this paragraph (2) for more than 20 years of service, so that the total compensation of the clerk of superior court shall not exceed 120 percent of the amount specified in paragraph (1) of this subsection; (D) The provisions of this paragraph (2) shall apply with respect to service in calendar year 1974 and calendar years thereafter but shall not apply with respect to service in calendar years prior to 1974; and

Page 4625

(E) Effective July 1, 1990, the clerk of superior court then in office shall receive all longevity allowances for prior calendar years of service, as authorized by this paragraph (2). Thereafter entitlement to longevity allowances shall be adjusted for the clerk of superior court on July 1 of each year, based on prior calendar years of service. Section 2. Said Act is further amended by striking from subsection (b) of Section 1A the following: $32,000.00, and inserting in lieu thereof the following: $32,800.00, 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 $32,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County. Section 3. This Act shall become effective on July 1, 1990. 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 1990 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended; and for other purposes. This 16th day of February, 1990. Clayton County Legislative Delegation

Page 4626

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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLAYTON COUNTY TAX COMMISSIONER; SALARY. No. 995 (House Bill No. 2068). 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 22, 1989 (Ga. L. 1989, p. 4045), so as to change the provisions relative to the compensation of the tax commissioner; to provide longevity allowances to the tax commissioner for prior years of service; to change the provisions relative to the compensation of the deputy tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4627

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4045), is amended by striking subsection (b) of Section 7 which reads 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., and inserting in its place a new subsection (b) to read as follows: (b) (1) The tax commissioner of Clayton County shall receive an annual salary of $41,300.00. (2) In addition to the salary specified in paragraph (1) of this subsection, the tax commissioner shall receive a longevity allowance of 1 percent of the amount provided for in paragraph (1) of this subsection for each calendar year of service as such completed by the tax commissioner, subject to the following qualifications: (A) A calendar year shall be that period of time beginning January 1 and ending December 31; (B) Any calendar year during which a tax commissioner serves as such for more than 180 days shall be counted as a complete calendar year of service; (C) No tax commissioner shall receive credit under this paragraph (2) for more than 20 years of service, so that the total compensation of the tax commissioner shall not exceed 120 percent of the amount specified in paragraph (1) of this subsection; (D) The provisions of this paragraph (2) shall apply with respect to service in calendar year 1974 and

Page 4628

calendar years thereafter but shall not apply with respect to service in calendar years prior to 1974; and (E) Effective July 1, 1990, the tax commissioner then in office shall receive all longevity allowances for prior calendar years of service, as authorized by this paragraph (2). Thereafter entitlement to longevity allowances shall be adjusted for the tax commissioner on July 1 of each year, based on prior calendar years of service. (3) The salary of the tax commissioner shall be paid in equal monthly installments from funds of Clayton County. Section 2. Said Act is further amended by striking from subsection (b) of Section 7A the following: $32,000.00, and substituting in lieu thereof the following: $32,800.00, 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 $32,800.00 per annum, payable in equal monthly installments from the funds of Clayton County. Section 3. This Act shall become effective on July 1, 1990. 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 1990 session of the General Assembly of Georgia a bill to amend an

Page 4629

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 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4630

CLARKE COUNTY ATHENS-CLARKE COUNTY MAGISTRATE'S COURT; JUDGE; SALARY. No. 996 (House Bill No. 2069). AN ACT To amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court, approved March 30, 1977 (Ga. L. 1977, p. 4450), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3197), so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court, approved March 30, 1977 (Ga. L. 1977, p. 4450), as amended, particularly by an Act approved March 24, 1981 (Ga. L. 1981, p. 3197), is amended by striking from Section 11 of that Act the following: $32,500.00, and inserting in lieu thereof the following: $42,500.00, so that when so amended Section 11 of that Act shall read as follows: Section 11. The judge of this court shall receive a salary in the amount of not less than $42,500.00 per annum which shall be paid monthly and which shall not be decreased during his term of office except to apply to a subsequent term and which shall be paid monthly out of the treasury of the County of Clarke. This salary may be increased at any time upon the agreement of the Board of Commissioners of Clarke County,

Page 4631

Georgia, and the Mayor and Council of the City of Athens, Georgia. The Mayor and Council of the City of Athens shall pay to the Board of Commissioners of Clarke County each year twenty-nine percent (29%) of the judge's salary. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without 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 1990 session of the General Assembly of Georgia a bill to amend an Act combining the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia (Ga. L. 1977, p. 4450), as amended; and for other purposes. This 18th day of February, 1990. Representative Mike Thurmond 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 22, 1990. /s/ Lawton E. Stephens Representative, 68th District

Page 4632

Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLAYTON COUNTY SCHOOL SUPERINTENDENT; ELECTION; REFERENDUM. No. 997 (House Bill No. 2070). AN ACT To provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections; to provide for a referendum as to the effectiveness of the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. All future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. In all other respects, future elections of school superintendents shall continue to be governed by that Paragraph added to the Constitution by a constitutional amendment relating to the school superintendent of Clayton County and ratified at the November, 1958, general election (1958 Res. Act No. 2, SR 14, Ga. L. 1958, p. 3). Section 2. (a) 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

Page 4633

this section for the purpose of submitting this Act to the electors of the Clayton County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 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 Clayton County. (b) Except as otherwise provided in subsection (c) of this section, the ballot shall have written or printed thereon the following question: () YES () NO Shall the law be approved which provides that future school superintendents of the Clayton County shall be nominated and elected in nonpartisan primaries and elections? (c) If there is also enacted into law at the 1990 session of the General Assembly an Act which calls for a referendum with respect to the nonpartisan election of members of the board of education of Clayton County to be held on the date of and in conjunction with the November, 1990, general election, and if such other Act authorizes a combined ballot question in the same manner as contemplated by this subsection, then in lieu of the question specified in subsection (b) of this section, the ballot shall have written or printed thereon the following question: () YES () NO Shall the laws be approved which provide that future school superintendents and members of the board of education of Clayton County shall be nominated and elected in nonpartisan primaries and elections? (d) All persons desiring to vote for approval 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 the question, as specified in either subsection (b) or (c) of this section, are for approval, then Section 1 of this Act shall become of full force and effect January 1, 1991. If the proposition is not so

Page 4634

approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. (e) 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 1990 session of the General Assembly of Georgia a bill to provide for the manner of selection of the School Superintendent of Clayton County; and for other purposes. This 18th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4635

Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLAYTON COUNTY BOARD OF EDUCATION; ELECTION; TERMS; DISTRICTS; REFERENDUM. No. 998 (House Bill No. 2071). 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 restate and recodify certain existing provisions of law; to revise certain existing provisions of law; to change the composition of the board of education; to change the terms of members of the board; to change the education districts; to provide for the nomination and election of members of the board of education from separate education districts; 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 a referendum with respect to the foregoing; to provide for nonpartisan primaries and elections and for a referendum with respect to that issue; to provide for related matters; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. 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

Page 4636

amended, is amended by striking all substantive provisions of said Act and the several Acts amendatory thereof and inserting in lieu thereof the following new Sections 1 through 4 which shall constitute the law governing the Board of Education of Clayton County: Section 1. (a) The members of the Board of Education of Clayton County in office or taking office on January 1, 1991, shall serve only until and shall cease to hold office on December 31, 1992. Thereafter, the Board of Education of Clayton County shall be composed of nine members to be elected as provided in this Act. (b) (1) For purposes of electing members of the board, the Clayton County School District 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

Page 4637

Tract 405.06 Block 213 Block Groups 3 and 4 Education District No. 3 Clayton Tract 402 Blocks 215 and 216 Tract 405.03 Blocks 101 through 104 Blocks 313 through 316 Blocks 402 through 405 Tract 405.04 Blocks 105 through 107 Block Groups 2 through 4 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

Page 4638

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 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

Page 4639

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 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

Page 4640

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 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.

Page 4641

(C) Any part of the Clayton County School District which is not included in any education district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (3) The members of the board of education elected to represent Education District Nos. 1, 4, 8, and 9 shall be elected at the general election in November, 1992, for terms of two years. Successors to such members shall be elected at the general election in November, 1994, and quadrenially thereafter 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. 2, 3, 5, 6, and 7 shall be elected at the general election in November, 1992, and quadrennially thereafter for terms of four years and they shall serve until their successors are elected and qualified. (5) The members of the board shall take office on the first day of January following their election. (6) 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 primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' as now or hereafter amended. Nomination and election of members of the board shall be partisan or nonpartisan, according to the results of the referendum election provided for in Section II of the Act enacting this subsection. (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

Page 4642

education, and be qualified to vote for members of the General Assembly. Section 2. The chairman of the board of education shall receive $450.00 per month for attending meetings of the board, and each of the remaining members shall receive $400.00 per month for attending meetings of the board. Such compensation shall be paid from funds of the board of education. Section 3. Beginning in January, 1991, 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 4. The provisions of Sections 1 through 3 of this Act supersede the provisions of the following laws which are hereby repealed in their entirety: (1) An Act relating to terms of office for the chairman of the board of education of Clayton County, approved March 25, 1986 (Ga. L. 1986, p. 4752); and (2) That constitutional amendment relating to the board of education and school superintendent of Clayton County and ratified at the 1954 general election (Res. Act No. 200, HR 216-7436, Ga. L. 1953, Nov.-Dec. Sess., p. 506), save and except that Paragraph relating to the school superintendent of Clayton County which was added by the constitutional amendment ratified at the 1958 general election (Res. Act No. 2, SR 14, Ga. L. 1958, p. 3), which Paragraph added in 1958 shall continue in effect and shall govern election of the school superintendent unless otherwise provided by law. Section II. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of

Page 4643

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. Such election shall be conducted on the date of and in conjunction with the November, 1990, general election. 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. (b) Except as otherwise provided in subsection (c) of this section, the ballot shall have written or printed thereon the following questions: NO. 1 () YES () NO Shall the law be approved which changes the composition of the Board of Education of Clayton County, changes the terms of members of the board, changes the education districts, and provides for the nomination and election of members of the board from separate education districts? NO. 2 () YES () NO Shall the law be approved which provides that future members of the board of education of Clayton County shall be elected in nonpartisan primaries and elections? (c) If there is also enacted into law at the 1990 Session of the General Assembly an Act which calls for a referendum with respect to the nonpartisan election of the school superintendent of Clayton County to be held on the date of and in conjunction with the November, 1990, general election, and if such Act authorizes a combined ballot question in the same manner as contemplated by this subsection, then in lieu of Question No. 2 specified in subsection (b) of this section, the ballot shall have written or printed thereon the following Question No. 2, as well as Question No. 1 as specified in subsection (b) of this section:

Page 4644

No. 2 () YES () NO Shall the laws be approved which provide that future school superintendents and members of the board of education of Clayton County shall be nominated and elected in nonpartisan primaries and elections? (d) All persons desiring to vote for approval of Question No. 1 shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast on such question are for approval, Section I of this Act shall become effective January 1, 1991, for transcriptional purposes and for purposes of conducting elections in 1992 and shall become effective for all purposes January 1, 1993. Otherwise Section I of this Act shall be void. (e) All persons desiring to vote for approval of Question No. 2, as specified in subsection (b) or (c) of this section, shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast on such question are for approval, then in 1992 and thereafter all members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A. and in accordance with: (1) the provisions of Section I of this Act, if the same is approved by the voters and becomes effective; or (2) previously existing provisions of law not directly in conflict with this subsection (e), if Section I of this Act does not become effective. If more than one-half of the votes cast on such question are for rejection, then in 1992 and thereafter all members of the board of education shall be nominated and elected in partisan primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A. and in accordance with: (1) the provisions of Section I of this Act, if the same is approved by the voters and becomes effective; or (2) previously existing provisions of law, if Section I of this Act does not become effective. (f) The expense of such election shall be borne by Clayton County, and the election superintendent of Clayton County shall certify the results thereof to the Secretary of State. Section III. All laws and parts of laws in conflict with this Act are repealed.

Page 4645

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act changing the composition of and the 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; and for other purposes. This 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4646

CLAYTON COUNTY PROBATE COURT; JUDGE; SALARY. No. 999 (House Bill No. 2072). 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 22, 1989 (Ga. L. 1989, p. 4146), 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 22, 1989 (Ga. L. 1989, p. 4146), 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 election superintendent, 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 $63,550.00 per annum payable monthly out of the funds of Clayton County. 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.

Page 4647

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes. This 16th day of February, 1990. 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 16, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4648

FAYETTE COUNTY PROBATE COURT; JUDGE; SALARY. No. 1000 (House Bill No. 2073). 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 22, 1989 (Ga. L. 1989, p. 4170), so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the 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 22, 1989 (Ga. L. 1989, p. 4170), is amended by striking subsection (a) of Section 2 thereof and inserting in its place a new subsection to read as follows: (a) The judge of the Probate Court of Fayette County shall receive an annual salary of $40,820.00 during such person's first four years in office, $43,360.00 during such person's fifth through eighth years in office, and $45,900.00 during such person's ninth and subsequent years in office. This salary shall be 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.

Page 4649

Section 2. This Act shall become effective on 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation for the Judge of the Probate of Fayette County (Ga. L. 1965, p. 2621, as amended, Ga. L. 1985, p. 4477, as amended, Ga. L. 1987, p. 4414, and Ga. L. 1989, p. 4170) 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 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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: January 25, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District

Page 4650

Sworn to and subscribed before me, this 1st day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. FAYETTE COUNTY TAX COMMISSIONER; SALARY. No. 1001 (House Bill No. 2074). AN ACT To amend an Act creating the office of tax commissioner of Fayette County, approved March 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4175), so as to change the provisions relative to the compensation of the tax commissioner of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Fayette County, approved March 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4175), is amended by striking subsection (a) of Section 4 thereof and inserting in its place a new subsection to read as follows: (a) The tax commissioner of Fayette County shall receive an annual salary of $40,820.00 during such person's first four years in office, $43,360.00 during such person's fifth through eighth years in office, and $45,900.00 during such person's ninth and subsequent years in office. This salary shall be

Page 4651

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 1990 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, Ga. L. 1987, p. 4417 as amended and Ga. L. 1989, p. 4175) so as to increase the salry of the Tax Commissioner of Fayette County; to repeal conflicting laws and for other purposes. William R. McNally, County Attorney Fayette County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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

Page 4652

is the official organ of Fayette County, on the following date: January 25, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 1st day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. FAYETTE COUNTY SUPERIOR COURT; CLERK; SALARY. No. 1002 (House Bill No. 2075). 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 22, 1989 (Ga. L. 1989, p. 4173), so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the 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 22, 1989 (Ga. L. 1989, p. 4173),

Page 4653

is amended by striking subsection (a) of Section 2 thereof and inserting in its place a new subsection to read as follows: (a) The clerk of the Superior Court of Fayette County shall receive an annual salary of $40,820.00 during such person's first four years in office, $43,360.00 during such person's fifth through eighth years in office, and $45,900.00 during such person's ninth and subsequent years in office. The salary shall be 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. Section 2. This Act shall become effective on 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 1990 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, Ga. L. 1987, p. 4404, and Ga. L. 1989, p. 4173) 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

Page 4654

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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: January 25, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 1st day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. ROCKDALE COUNTY BOARD OF EDUCATION; ELECTION; REFERENDUM. No. 1003 (House Bill No. 2076). AN ACT To provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4655

Section 1. (a) Successors to the members of the board of education of the Rockdale County School District whose terms expire December 31, 1992, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1992. Successors to the members of the board of education of the Rockdale County School District whose terms expire December 31, 1994, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1994. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office. (b) All nonpartisan primaries and elections for members of the board of education of the Rockdale County School District 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. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Rockdale County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Rockdale County School District for approval or rejection. The election superintendent shall conduct that election on the same date of and in conjunction with the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis 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

Page 4656

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 Rockdale 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. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.; to provide for a referendum; and for other purposes. This 20th day of February, 1990. Robert M. Kelley Chairman Rockdale County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is

Page 4657

the official organ of Rockdale County, on the following date: February 23, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 1st day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF LOGANVILLE CITY MANAGER; POWERS; TERMS. No. 1004 (House Bill No. 2080). AN ACT To amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), so as to change the powers and duties of the city manager; to authorize retention of staggered two-year terms of office; to provide for authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), is amended by striking paragraph (6) of Section 3.14 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:

Page 4658

(6) Direct and supervise the administration of departments as directed by the mayor and council; Section 2. Said Act is further amended by striking Section 5.11 in its entirety and inserting in lieu thereof a new Section 5.11 to read as follows: Section 5.11. Regular elections; time for holding. (a) The mayor and councilmembers serving on the effective date of this Act shall remain in office until the normal expiration of their terms of office and until their successors are elected and qualified. (b) Successors to the mayor and those three councilmembers whose terms expire December 31, 1990, shall be elected on the Tuesday next following the first Monday in November of 1990 and biennially thereafter and shall serve for terms of office of two years and until their successors are elected and qualified. (c) Successors to those three councilmembers whose terms expire December 31, 1991, shall be elected on the Tuesday next following the first Monday in November of 1991 and biennially thereafter and shall serve for terms of two years and until their successors are elected and qualified. (d) The candidate for mayor who receives the largest number of votes cast in said election and the three candidates receiving the largest number of votes cast for the position of councilmember in each election shall be elected for terms of office of two years and until their successors are elected and qualified. Section 3. Section 2 of 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.

Page 4659

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act approved March 24, 1988 (Ga. L. 1988, p. 4827), reincorporating and providing a new charter for the City of Loganville, so as to change the date of municipal elections; to provide for election of a mayor and councilmenbers; to provide for related matters; and for other purposes. This 14th day of February, 1990. Rep. Tyrone Carrell District 65 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 16, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION to introduce local legislation. Notice is given that there will be introduced at the regular 1990 session of the General assembly Georgia a bill to amend an act approved March 24, 1988 (GAL. 1988 P4827). Reincorporating and providing a new charter for the City of Loganville. So as to change the date of municipal elections to provide for election of a Mayor

Page 4660

and council members to provide for related matters and for other purposes. This 14th day of February 1990. Rep. John O. Mobley, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Dailey News which is the official organ of Gwinnett County, on the following date: February 26, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 5th day of March, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF MARIETTA CORPORATE LIMITS; DEANNEXATION. No. 1005 (House Bill No. 1908). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to change the corporate limits of the city; to deannex and exclude certain property from the city; to repeal conflicting laws; and for other purposes.

Page 4661

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding at the end of Section 1.4 the following: Any other provision of this section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta: All that tract or parcel of land lying and being in Land Lot 650, 17th District, 2nd Section, Cobb County, Georgia and being Lot 4, Block B, Section Two, Meadowbrook Subdivision as per plat recorded in Plat Book 13, page 64, Cobb County, Georgia Records and being more particularly described as follows: BEGINNING at an iron pin on the easterly right of way of Meadowbrook Drive 284.6 feet southerly as measured along the easterly right of way of Meadowbrook Drive from the corner formed by the intersection of the easterly right of way of Meadowbrook Drive and the southerly right of way of Mayes Drive (said point of beginning also being at the line dividing Lots 3 and 4, said plat, block, section and subdivision); running thence easterly along the line dividing Lots 3 and 4 a distance of 150 feet to an iron pin; running thence southerly a distance of 80 feet to an iron pin at the line dividing Lots 4 and 5, said plat, block, section and subdivision; running thence westerly along the line dividing Lots 4 and 5 a distance of 150 feet to an iron pin on the easterly right of way of Meadowbrook Drive; running thence northerly along the easterly right of way of Meadowbrook Drive a distance of 80 feet to an iron pin and the point of BEGINNING. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 4662

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 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 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Johnny Isakson Representative, 21st District

Page 4663

Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. WHITFIELD COUNTY BOARD OF COMMISSIONERS; FORMER MEMBERS; INSURANCE. No. 1006 (House Bill No. 1910). AN ACT To provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof; to provide for conditions; to provide for premium payment and reimbursement of expenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. All former members of the board of commissioners of Whitfield County, all former constitutional county officers of Whitfield County as specified in Article IX, Section I, Paragraph III(a) of the Constitution, and the spouses and eligible dependents of such former or deceased members or officers who participated in group health insurance coverage during the term of office of such member or officer shall, upon written request to the governing authority of Whitfield County, be authorized to continue to receive such insurance coverage. Any such insured person shall pay the entire cost of the premium for such coverage and shall reimburse Whitfield County for any expense incurred by such county in the provision of such insurance coverage.

Page 4664

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 1990 session of the General Assembly of Georgia a bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, approved February 21, 1964 (Ga. Laws 1964, p. 2175); and for other purposes. This 17th day of January, 1990. Lenard Whaley Administrator GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim 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 19, 1990. /s/ Jim Griffin Representative, 6th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4665

JOHNS CREEK COMMUNITY IMPROVEMENT DISTRICT CREATION. No. 1007 (House Bill No. 1917). AN ACT To provide for the creation of the Johns Creek Community Improvement District; to provide for a short title; to provide for the purpose of the district; to provide for definitions; to provide for conditions of activation of the district; to provide for administration; to provide for selection of board members; to provide for taxes, fees, and assessments; to provide for boundaries; to provide for debt incurrence; to provide for cooperation with local governments; to provide for powers, duties, and authority of the district; to provide for certain bonds, notes, or other obligations; to provide for certain agreements or instruments in connection therewith; to provide for use of sales proceeds in connection therewith; to provide for an offer to convey certain facilities and property under certain conditions; to provide for other matters relative to the foregoing; to provide for construction and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act shall be referred to and may be cited as the Johns Creek Community Improvement District Act. Section 2. Purpose. The purpose of this Act shall be to provide for the creation of a community improvement district within unincorporated Forsyth County created for the provision of storm water and sewage collection and disposal systems. Section 3. Definitions. As used in this Act, the term: (1) Agricultural purposes means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables.

Page 4666

(2) Board means the governing body created for the governance of the Johns Creek Community Improvement District authorized in this Act. (3) Bonds, or general obligation bonds means any bonds of the Johns Creek Community Improvement District which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of the district. (4) Cost of the project or cost of any project means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of the district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project;

Page 4667

(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 bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project

Page 4668

and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the Board of Commissioners of Forsyth County consenting to the creation of the Johns Creek Community Improvement District. (6) Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property, with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Forsyth County Board of Tax Assessors. (7) Forestry purposes means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) Johns Creek Owners Association means the Georgia nonprofit corporation, its successors, and assigns, to be organized by the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district. (9) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within or outside the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection

Page 4669

with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purposes set forth in Section 2 of this Act. (10) Property owner or owner of real property means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Forsyth County within the district as certified by the Forsyth County Tax Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (11) Property used nonresidentially means property used for general commercial, office, or institutional, office services, or other commercial or business use which does not include residential. (12) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. Section 4. Creation. (A) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created the Johns Creek Community Improvement District to be located in unincorporated Forsyth County, Georgia, which shall be activated upon compliance with the conditions provided in this Act, and which shall be governed by a board as constituted in this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of the Johns Creek Community Improvement District by the Board of Commissioners of Forsyth County; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district;

Page 4670

(B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (C) The written consents provided for in subparagraphs (A) and (B) of this paragraph shall be submitted to the Forsyth County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied. The board or district created under this Act shall not transact any business or exercise any powers under this Act until the conditions provided for in subsection (a) of this section are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of the district activated under this Act and with the Department of Community Affairs. Section 5. Administration, appointment, and election of board members. The Johns Creek Community Improvement District created pursuant to this Act shall be administered by a board composed of five members to be appointed as provided in this section. Two board members shall be appointed by the Board of Commissioners of Forsyth County and three board members shall be appointed by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The board members appointed by the board of commissioners shall serve at the pleasure of the board of commissioners. The board members appointed by the owners of such real property shall serve at the pleasure of the owners of such real property. No board member shall be required to be a resident of the district or of Forsyth County. Section 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 percent of the aggregate

Page 4671

assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specifically required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to Forsyth County as a whole. Any tax, fee, or assessment so levied shall be collected by Forsyth County in the same manner as taxes, fees, and assessments are levied by Forsyth County. Delinquent taxes shall bear the same interest and penalties as Forsyth County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Forsyth County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section between January 1 and June 1 of each calendar year and notify in writing the Forsyth County Tax Commissioner by June 15 each year so that he may include the levy on his regular ad valorem tax bills. (c) If a parcel of real property is removed from the district or otherwise would become nontaxable it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. Section 7. Boundaries of the districts. The boundaries of the district shall be designated by the Board of Commissioners of Forsyth County in the resolution required in Section 4 of this Act. Section 8. Debt. The district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.

Page 4672

Section 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board of the district and the Board of Commissioners of Forsyth County. The provisions of this section shall in no way limit the authority of Forsyth County to provide services or facilities within the district; and Forsyth County shall retain full and complete authority and control over any of its facilities located within the district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided in the district. Section 10. Powers. (a) The Johns Creek Community Improvement District and its board created pursuant to this Act 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 board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, easements, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use, operation, and management of projects; (4) To acquire by purchase, easement, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district whether within or outside the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend,

Page 4673

improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guaranties, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, authority, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution,

Page 4674

municipal corporation, authority, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, authority, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by Forsyth County to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this Act; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes of the district; (14) To establish and levy fees against users of the facilities services as provided by the district in such cases when the services can be provided through a user charge system, specifically including the collection, treatment, and disposal of sewage; (15) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Forsyth County;

Page 4675

(17) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (18) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (19) 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 this section and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 11. Bonds. (a) Notes or other obligations issued by the district, other than general obligation bonds, shall be paid from the property pledged to pay such notes or other obligations, or from user fees established against users of the facilities and services provided by the district, or from payments received in accordance with absolute and unconditional guarantee agreements with users of the services and facilities, or from any combination thereof. General obligation bonds issued by the district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board which shall be adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms and shall contain such other terms, provisions, covenants, 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

Page 4676

in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted 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. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of the district. (f) Bonds issued by the district shall be fully registered and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Forsyth County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition

Page 4677

and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices of proceedings to validate such bonds, notes, or other obligations of the district. Section 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, or other obligations; subsequent issues of bonds, notes, or other obligations. (a) Subject to the imitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments executed by the board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted 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 under this Act. (c) Issuance by the board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly

Page 4678

reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) Upon the final repayment of any and all bonds, notes, or other obligations of the district issued under this Act, the board shall make an offer to convey all property and facilities of the board and district to Forsyth County. Section 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice; proceeding; publication; referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required 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 14. Contingent repeal. In the event the resolution required by Section 4 of this Act to be filed with the Secretary of State is not so filed by December 31, 1990, this Act shall stand repealed in its entirety on January 1, 1991. Section 15. 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 1990 session of the General Assembly of Georgia a bill to provide for the creation of the Johns Creek Community Improvement District; to provide for a short title; to provide for the purpose of the district; to provide for definitions; to provide for conditions of activation of the district; to provide for administration; to provide for selection of board members; to provide for taxes, fees and assessments; to provide for boundaries; to provide for debt incurrence; to provide for cooperation with local governments; to provide for powers, duties, and authority of the district; to provide for certain bonds, notes, or other obligations; to provide for certain agreements or instruments in connection therewith; to provide for use of sales proceeds in connection therewith; provide for other matters

Page 4679

relative to the foregoing; to provide for construction and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. This 9th day of February, 1990 Honorable Bill H. Barnett Representative, 10th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Forum which is the official organ of Forsyth County, on the following date: February 14, 1990. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 28, 1990.

Page 4680

FORSYTH COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1008 (House Bill No. 1918). AN ACT To provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal a certain 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: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Forsyth County School District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, except that only that land which is included in that homestead and which is three acres or less shall have the value thereof exempt under this Act. Any such land which is included in that homestead and which is in excess of such qualified three acres shall not have the value thereof exempt under this Act. (3) Senior citizen means a person who is 62 years of age or over.

Page 4681

Section 2. (a) Each resident of the Forsyth County School District who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Forsyth County School District ad valorem taxes for educational purposes for the full value of that homestead, if that person's gross income from all sources, together with the income of the spouse and family members of such person who reside within such homestead, does not exceed $16,000.00 for the immediately preceding taxable year. (b) In order to qualify for the exemption provided for in this Act as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 3. The tax commissioner of Forsyth County shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse and family members who reside at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1991, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the O.C.G.A. or who has applied for and is eligible for the exemption provided for persons 62 years of age or over pursuant to a local Act providing for an exemption from Forsyth County School District ad valorem taxes, approved March 20, 1986 (Ga. L. 1986, p. 4347) shall be eligible for the exemption granted by this Act without further application. Section 5. After any such owner has filed the proper affidavit and certificate if disabled, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate

Page 4682

for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the Forsyth County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Forsyth County School District ad valorem taxes. Section 7. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 8. If this Act is approved in the referendum provided for in Section 10 of this Act, that local Act which provides an exemption from Forsyth County School District ad valorem taxes in the amount of $20,000.00 of the assessed value of homesteads of residents of the Forsyth County School District who are 62 years of age or over and whose gross income does not exceed $12,000.00 from all sources, approved March 20, 1986 (Ga. L. 1986, p. 4347), is repealed effective at the last moment of December 31, 1990. Section 9. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1991. Section 10. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Forsyth County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Forsyth County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1990, state-wide general election 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 Forsyth County. The ballot shall have written or printed thereon the words:

Page 4683

() YES () NO Shall the Act be approved which provides a homestead exemption from all Forsyth County School district ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for the full value of such homestead for certain residents of that district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over or who are disabled and which repeals that local Act which provides an exemption from Forsyth County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of homesteads of residents of that school district who are 62 years of age or over and whose gross income does not exceed $12,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 9 of this Act shall become of full force and effect immediately. If Sections 1 through 9 of this Act are 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 Forsyth County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11. Except as otherwise provided in Section 10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12. All laws and parts of laws in conflict with this Act are repealed.

Page 4684

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for a homestead exemption for all Forsyth County school district ad valorem taxes for educational purposes, including but not limited to taxes to taxes to retire school bond indebtedness, for certain residents of that school district who are 62 years of age or over or who are disabled and who have annual incomes not exceeding $16,000.00 to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal certain existing homestead exemptions; to repeal conflicting laws; and for other purposes. This 9th day of February, 1990 Honorable Bill H. Barnett Representative, 10th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Forum which is the official organ of Forsyth County, on the following date: February 14, 1990. /s/ Bill H. Barnett Representative, 10th District

Page 4685

Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 28, 1990. JOINT WILKINSON-MCINTYRE-IRWINTON-TOOMSBORO WATER AND SEWER AUTHORITY; CREATION. No. 1009 (House Bill No. 1919). AN ACT To create the Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer 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 and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay

Page 4686

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 thereof and to define the rights of the holders of such obligations; to provide that no debt of Wilkinson County or the City of McIntyre, City of Irwinton, or City of Toomsboro 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 Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority Act. Section 2. Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority. (a) There is created a body corporate and politic, to be known as the Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall be composed of nine members. A total of eight members shall be appointed by the governing authorities of the City of Irwinton, the City of McIntyre, the City of Toomsboro, and Wilkinson County, respectively, and one additional member shall be chosen by the eight members previously appointed as follows: (1) The governing authority of each political subdivision listed in this subsection shall appoint one official from its governing body as a member of the authority;

Page 4687

(2) The governing authority of each political subdivision listed in this subsection shall appoint one consumer representative as a member of the authority; (3) The eight members appointed pursuant to paragraphs (1) and (2) of this subsection shall by majority vote select one additional member to serve as chairman of the authority. The chairman shall not be a member of the governing authority of any participating political subdivision. (c) The terms of the initial members of the authority shall be staggered as follows: the two members appointed by the governing authority of the City of Irwinton shall serve for one year; the two members appointed by the governing authority of the City of McIntyre shall serve for two years; the two members appointed by the governing authority of the City of Toomsboro shall serve for three years; and the two members appointed by the governing authority of Wilkinson County shall serve for four years. The person initially chosen as chairman shall serve for four years. Successors to the initial members of the authority shall serve for terms of four years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of June immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. As of July 1, 1990, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties subject to approval by a majority of the members of the authority present and voting. The members of the authority shall receive no other compensation. 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. (d) 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 Wilkinson County for at least one year prior to the date of his appointment and shall not have been convicted of a felony.

Page 4688

(e) The chairman of the authority shall be the chief executive officer of the authority and shall preside over the meetings of the authority. The chairman of the authority shall vote only in the case of a tie vote by the other members of the authority. (f) At their first meeting, the members of the authority shall elect a vice chairman, who shall serve for a term of four years, or until a successor vice chairman is elected. The vice chairman shall be an official from the governing body of one of the participating political subdivisions. In the absence of the chairman, the vice chairman shall exercise all the powers and duties of the chairman. (g) Five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (h) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of the political subdivision which appointed the member whose position has been vacated shall select and appoint a qualified person to fill the unexpired term. In the event of a vacancy in the position of chairman, the remaining members of the authority shall select and appoint a qualified person to fill the unexpired term of the chairman. 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. A vacancy shall exist in the office of any member of the authority who is appointed by virtue of holding a position as an official of the governing authority of a participating political subdivision if such member ceases to be an official of the governing body of a participating political subdivision. (i) 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 the participating

Page 4689

political subdivisions or residents of any area affected by the actions of the authority. (j) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. Section 3. Definitions. As used in this Act, the term: (1) Authority means the Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority created by this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Wilkinson County, and the operation, maintenance, additions, improvements, and extensions of such

Page 4690

facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Wilkinson County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bonds and bonds mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure;

Page 4691

(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money 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 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 constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to

Page 4692

municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined herein, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;

Page 4693

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; (11) To bring and defend actions; (12) To invest any accumulation of its funds in any fund or reserve in any manner that public funds of this state or its political subdivisions may be invested; (13) To exercise any power usually possessed by private corporations performing similar functions, to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; 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 or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment by this Act. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum,

Page 4694

payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6. Same; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the vice chairman of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the vice chairman 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.

Page 4695

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 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 any participating political subdivision nor a pledge of the faith and credit of said political subdivisions; but such bonds shall be payable solely from the fund provided for by this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said political subdivisions 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.

Page 4696

Section 14. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for 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 for the the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes

Page 4697

hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase 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

Page 4698

coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, 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,

Page 4699

if a party to the validation proceedings, contracting with the said Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer 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 Wilkinson County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. (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 citizens of the participating political subdivisions 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

Page 4700

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 for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. 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.

Page 4701

Section 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as the participating political subdivisions; 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 the respective political subdivisions when in the performance of their public duties or work of the respective political subdivisions. Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 29. Effect on other governments. This Act shall not and does not in any way take from Wilkinson County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. Section 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof.

Page 4702

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 OF INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create the Joint County-Municipal Water and Sewer Authority of Wilkinson County and the Cities of Irwinton, Toomsboro, and McIntyre; to provide for its memberships, powers, duties, and authority; to provide for all matters relative to the foregoing; and for other purposes. This 19th day of January, 1990. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who, on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: February 1, 1990. /s/ Kenneth W. Birdsong Representative, 104th District

Page 4703

Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. BERRIEN COUNTY BOARD OF COMMISSIONERS; SALARY; COMPOSITION; REFERENDUM. No. 1010 (House Bill No. 1927). AN ACT To amend an Act creating the Board of Commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to change the provisions relating to the compensation of members of the board of commissioners; to change the composition of the board of commissioners; to provide that the board shall be composed of five members; to provide for commissioner districts; to provide for qualifications; to provide for initial and regular terms of office; to provide for a chairman and his term of office; to provide for vacancies and the filling thereof; to provide for a quorum; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, p. 664), as amended, is amended by striking Section 1A of said Act and inserting in lieu thereof a new Section 1A to read as follows:

Page 4704

Section 1A. Any other provisions of this Act to the contrary notwithstanding, the members of the board of commissioners of Berrien County shall have the authority to fix their own compensation. In addition to the salary provided for in this section, the commissioners shall also be reimbursed from the funds of the county for all actual and necessary travel expenses when traveling outside the limits of the county for county purposes. Section 2. Said Act is further amended by adding, following Section 1A, a new Section 1B to read as follows: Section 1B. (a) Notwithstanding any other provision of law to the contrary, effective on January 1, 1993, the Board of Commissioners of Berrien County shall be composed of five members who shall be elected as provided in this section. (b) For the purpose of electing members of the board of commissioners, Berrien County is divided into five commissioner districts as follows: (1) Commissioner District 1 shall be composed of the militia districts known as the Upper Tenth G.M.D., the Lower Tenth G.M.D., the Ray City G.M.D., and the Lois G.M.D.; (2) Commissioner District 2 shall be composed of the militia districts known as the Nashville G.M.D. and the New River G.M.D.; (3) Commissioner District 3 shall be composed of the militia districts known as the Jordan G.M.D., the Enigma G.M.D., and the Alapaha G.M.D. (4) Commissioner District 4 shall be composed of the Nashville G.M.D.; and (5) Commissioner District 5 shall be composed of all territory within Berrien County. (c) There shall be elected one member of the board to represent each of the five commissioner districts. Each person qualifying for nomination or election to the board shall be a

Page 4705

resident and qualified voter of the commissioner district to which he seeks such nomination or election but all members shall be elected by the qualified voters of the entire county. (d) All members of the Board of Commissioners of Berrien County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent each of the five commissioner districts. The persons elected to such commissioner districts at such election shall take office on January 1, 1993. The members elected at the November general election in 1992 to represent Commissioner Districts 1, 2, and 3 shall have terms of office of four years each and until their respective successors are elected and qualified. The members elected at the November general election in 1992 to represent Commissioner Districts 4 and 5 shall have initial terms of office of two years each and until their respective successors are elected and qualified. Thereafter, the terms of all members shall be for four years each and until their respective successors are elected and qualified and all members shall take office on the first day of January following their election. All members shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the `Georgia Election Code.' (e) At the first meeting in January of each odd-numbered year, the members shall elect a chairman from among the members of the board and the person elected chairman shall have a term of office as chairman of two years and until a successor is elected. (f) If a vacancy occurs in the membership of the board of commissioners, the remaining members of the board shall appoint a duly qualified person to fill such vacancy until a successor is elected and qualified. If such vacancy occurs in the first year of a four-year term of office or prior to the date in the second year of a term of office on which candidates for nomination to membership in the General Assembly of Georgia may first qualify for nomination to such office, a successor to the member of the board of commissioners shall be elected in the November general election in the second year of the four-year term of office and the person elected shall take office immediately

Page 4706

upon election for the unexpired term. Otherwise, any person appointed by the remaining members of the board of commissioners to fill a vacancy shall serve for the remainder of the unexpired term of office. (g) Three members of the board of commissioners shall constitute a quorum for the transaction of business. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Berrien County for approval or rejection. The election superintendent shall conduct that election on November 6, 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 Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the Board of Commissioners of Berrien County from a three-member board to a five-member board? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 1992, for the sole purpose of conducting the elections provided in such sections and shall become of full force and effect for all purposes on January 1, 1993. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Berrien County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 4707

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 1990 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended; and for other purposes. This 14th day of February, 1990. Hanson Carter Representative, 146th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: February 17, 1990. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4708

HENRY COUNTY ENHANCED 911 EMERGENCY TELEPHONE SERVICE; FEES. No. 1011 (House Bill No. 1935). AN ACT To authorize the governing authority of Henry County to implement and to exercise the powers conferred by Code Section 46-5-133 of the O.C.G.A., 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 O.C.G.A., the governing authority of Henry County is authorized to implement and to exercise the powers conferred by Code Section 46-5-133 of the O.C.G.A., 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 1990 session of the General Assembly of Georgia a bill to authorize the Board of Commissioners of Henry County to adopt a resolution requiring the telephone company providing 911 service to the unincorporated areas of Henry County to divide any maintenance fee for such service among telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number 911 system and bill such subscribers on a prorata basis for their share of such maintenance fee, and for other purposes as set forth in O.C.G.A. Section 46-5-133.

Page 4709

This 2nd day of February, 1990. 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 16, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. DEKALB COUNTY RECORDER'S COURT; PENALTIES. No. 1012 (House Bill No. 1943). AN ACT To amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, so as to change the penalties which may be imposed by such court; to repeal conflicting laws; and for other purposes.

Page 4710

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, is amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Upon conviction of violation of any of the ordinances, rules, or regulations set forth by the governing authority of DeKalb County, the Recorder or Judge of said Court may punish such offender as follows: (1) Except as otherwise provided in subsection (b) of this Section, the Recorder or Judge of said Court may impose a fine not in excess of that prescribed by the ordinance violated and in no event to exceed the sum of $500.00 for any single offense; provided, however, that for violation of a pretreatment standard or requirement adopted pursuant to the federal Clean Water Act the maximum fine shall be $1,000.00 per day for each violation by an industrial user. (2) The Recorder or Judge of said Court may punish such offender by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance violated and in no event to exceed thirty days for any single offense, and, if the ordinance violated so prescribes, by labor on the work gang not exceeding sixty days for any single offense. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, so as to change the maximum fines such court may impose; to repeal conflicting laws; and for other purposes.

Page 4711

This 25th day of January, 1990. Thurbert E. Baker Representative, 51st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thurbert E. Baker, who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 1, 1990. /s/ Thurbert E. Baker Representative, 51st District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLARKE COUNTY BOARD OF EDUCATION; MEMBERSHIP; ELECTIONS; REFERENDUM. No. 1013 (House Bill No. 1945). AN ACT To amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to

Page 4712

provide for the number of members and for the election of members of the Board of Education of Clarke County; to provide for education districts; to provide for elections; to provide for the compensation of the members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to repeal certain provisions; to provide for related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The Board of Education of Clarke County shall be composed of eight members to be elected as provided in this Act. For the purpose of electing members of the Board of Education of Clarke County, the Clarke County School District shall be divided into eight education districts as follows: Education District No. 1 Clarke Tract 14.01 Blocks 101 through 107, 110 through 112, and 116 through 122 Tract 14.02 Block Groups 1 through 6 Blocks 701 through 707 and 722 Those parts of Blocks 723 and 724 lying southeast of the Southern Railroad Line Blocks 725 through 732

Page 4713

Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2 Education District No. 2 Clarke Tract 3 Block Groups 1 and 2 Blocks 301 through 345 Tract 14.01 Blocks 108, 109, and 113 through 115 Block Group 2 Tract 14.02 Blocks 708 through 721 Those parts of Blocks 723 and 724 lying northwest of the Southern Railroad Line Education District No. 3 Clarke Tract 1 Blocks 106 through 115, 118 through 127, and 137 through 142 Tract 2 Block Group 1 Tract 5 Block 101 Tract 6 Blocks 110 and 125 through 143 Block Group 2 Tract 9 Education District No. 4 Clarke Tract 1 Blocks 101 through 105, 116, 117, and 128 through 136 Tract 3 Blocks 346 through 360

Page 4714

Tract 4 Tract 5 Blocks 102, 104, and 105 Tract 10 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310 Education District No. 5 Clarke Tract 2 Block Group 2 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8 Education District No. 6 Clarke Tract 13.01 Blocks 101 through 107 Block Groups 2 through 4 That part of Block 502 which lies northwest of Highway 10 (the Bypass) Blocks 503 through 510 Tract 13.02 Education District No. 7 Clarke Tract 5 Block 103 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204

Page 4715

Tract 12 Tract 13.01 Blocks 108 through 121 That part of Block 502 which lies southeast of Highway 10 (the Bypass) Tract 15.02 Blocks 401 through 414 and 417 Education District No. 8 Clarke Tract 11 Blocks 311 through 317 Tract 15.01 Tract 15.02 Blocks 135 and 136 Block Group 3 Blocks 415 and 416 (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. (c) Any portion of the Clarke County School District which is not included in any education district described in this section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) Candidates offering for election to said board of education shall designate the education district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election

Page 4716

to said board of education unless such person shall have been a bona fide resident of the education district for which such person is offering for at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in subsection (g) of this section. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in subsection (e) of this section. (e) The members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. The primaries shall be held on the same date as the general primary in the years during which general primaries are held and the elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this section, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' (f) The initial members of the Board of Education of Clarke County provided for by this section shall be elected at the general election in November, 1992, and shall take office on the first day of January next following their election. In order to provide for staggered terms, the members elected to represent Education Districts No. 1, No. 2, No. 3, and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The members elected to represent Education Districts No. 5, No. 6, No. 7, and No. 8 shall serve for terms of two years each and until their respective successors are elected and qualified. All board of education members elected in subsequent elections after the general election of 1992 shall serve for terms of four years each and until their respective successors are elected and qualified, so that four members of the board of education shall be elected at the general election held every two years.

Page 4717

(g) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows: (1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a special election in the education district wherein the vacancy occurred. Such special election shall be held on the same date as the election for school board members which is first held immediately following the occurrence of the vacancy. The remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' A person elected to fill a vacancy as provided in this paragraph shall take office on the first day of January immediately following the election to serve for the remainder of the unexpired term; or (2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term. (h) The chairman of the Board of Education of Clarke County shall be elected from the membership of the board by a majority vote of the members. The chairman shall be elected at the first regular meeting of the board held during January of each odd-numbered year and shall serve until a successor is elected by the board as herein provided. The chairman shall be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month. (i) Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of

Page 4718

his office; said oath to be administered by the judge of the Superior Court of Clarke County or by the clerk of the same. The board of education shall hold regular monthly meetings on a date fixed by said board but may, by resolution, dispense with such meetings during June, July, and August of each year. The chairman may call special meetings upon 24 hours' written notice to the board members or shall call a special meeting upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business. Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof the following: Section 6. Reserved. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clarke County shall call and conduct a referendum election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. Such referendum election shall be held on the date of and in conjunction with the 1990 November general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of members of the Board of Education of Clarke 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; 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 4719

The expense of such election shall be borne equally by the City of Athens and Clarke County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. (a) The General Assembly recognizes that the results of the 1990 decennial census will or may require adjustments in the boundaries of the education districts provided for in this Act. It is the intention of the General Assembly that further legislation to accomplish such adjustments shall be enacted at the first regular or special session of the General Assembly held after the release of the 1990 census data and prior to the opening of qualifying for the 1992 nonpartisan primary; and it is the intention of the General Assembly that such legislation will make all such adjustments as may be necessary for compliance with the requirements of the United States Constitution and the federal Voting Rights Act of 1965, as amended. (b) For the purpose of holding the referendum election, this Act shall become effective upon the approval of the Governor or upon its becoming law without such approval. For the purpose of electing members of the Board of Education of Clarke County created by this Act, this Act shall become effective upon the certification of the results of the election provided by Section 3 of this Act. For all other purposes, this Act shall become effective January 1, 1993. 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 1990 session of the General Assembly of Georgia a bill to re-create the Clarke County Board of Education; to provide for the election of the members of the board of education; to provide for related matters; to provide for a referendum; and for other purposes. This 8th day of February. Karen Osborn Irwin Representative, 13th District

Page 4720

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Karen Osborne 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 Athens Observer which is the official organ of Clarke County, on the following date: February 15, 1990. /s/ Karen Osborne Irwin Representative, 13th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 28, 1990. APPLING COUNTY BOARD OF EDUCATION; MEMBERS; TERMS; REFERENDUM. No. 1014 (House Bill No. 1947). AN ACT To amend an Act changing the composition and providing for the election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), so as to provide for staggered terms of office of members of the board; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4721

Section 1. An Act changing the composition and providing for the election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), is amended by adding immediately following Section 2 a new Section 2A to read as follows: Section 2A. In order to stagger terms of office of the members of the Board of Education of Appling County, the members from Education Districts 1 and 3 shall be elected for terms of two years at the 1992 general election. Thereafter, beginning with the general election of 1994, the terms of such members shall revert back to four years. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Appling County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the 1990 general election 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 Appling County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for staggered terms of office of members of the Board of Educaiton of Appling 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.

Page 4722

The expense of such election shall be borne by Appling 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 in the regular 1990 Session of the General Assembly of Georgia a Bill to amend an Act providing for the composition and election of members of the Board of Education of Appling County approved February 2, 1988 (Georgia L. 1988, p. 3529) so as to provide for staggered terms for the Appling County Board of Education; to provide for an effective date; and to GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following date: February 8, 1990. /s/ Lundsford Moody Representative, 153rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4723

ROCKDALE COUNTY STATE COURT; JUDGE; SALARY. No. 1015 (House Bill No. 1980). AN ACT To amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, is amended by striking subsection (c) of Section 11 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The judge shall devote full time to the duties of his office and he shall be paid a salary equal to 92.5 percent of the salary now or hereafter paid to the judge of the Superior Court of Rockdale County. Said salary shall be payable monthly out of the funds of Rockdale County. The salary of such judge 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended; and for other purposes.

Page 4724

This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. ROCKDALE COUNTY CORONER; SALARY. No. 1016 (House Bill No. 1984). AN ACT To amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, so as to change the provisions relating to the compensation of the coroner;

Page 4725

to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs. Section 2. 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 1990 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended; and for other purposes.

Page 4726

This 9th day of February, 1990. Troy A. Athon Representative, 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 16, 1990. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF WARWICK MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS. No. 1017 (House Bill No. 1988). AN ACT To amend an Act providing a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), so as to provide that the mayor and members of the city council shall serve

Page 4727

for two-year terms; to provide for elections; 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 Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), is amended by striking in its entirety Section 2.11 and inserting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. Terms and Qualifications of Office. Notwithstanding the provisions of Code Section 21-3-63 of the O.C.G.A., the mayor and members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Warwick; and (4) meets the qualification standards required for members of the House of Representatives of the State of Georgia as are now or may in the future be prescribed by the Constitution of Georgia. Section 2. Said Act is further amended by striking in its entirety Section 5.10 and inserting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Regular Elections; Time for Holding. The mayor and councilmen serving on the effective date of this Act shall hold their offices for the terms for which they were elected and until their successors are elected and qualified under the provisions of this Act. On the Tuesday next following the first Monday in November of even-numbered years, an election shall be held for city council posts one and two which expire in said year. On the Tuesday next following the first Monday in November of odd-numered years, an election shall be held for mayor and for city council posts three and four which expire in said year. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in Article II, Section 2.30 of this charter.

Page 4728

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 1990 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580); and for other purposes. This 15th day of February, 1990. Mayor and City Council City of Warwick 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 15, 1990. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4729

WEST GEORGIA REGIONAL WATER AUTHORITY MEMBERS; QUORUMS. No. 1018 (House Bill No. 1993). AN ACT To amend an Act known as the West Georgia Regional Water Authority Act, approved March 30, 1988 (Ga. L. 1988, p. 4926), so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority; to change the provisions relating to quorums; to change the definition of the term member county; to change the definition of the term West Georgia Region; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the West Georgia Regional Water Authority Act, approved March 30, 1988 (Ga. L. 1988, p. 4926), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. West Georgia Regional Water Authority. There is created a body corporate and politic, to be known as the West Georgia Regional Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, complain and defend in all courts. The authority shall consist of ten members to be composed as follows: the chairman or a member of the board of commissioners of Polk County to be appointed by the board of commissioners, one member of the Polk County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Carroll County, one member of the Carroll County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Paulding County, one member of the Paulding County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Douglas County, one member of the Douglasville-Douglas County Water and Sewer Authority

Page 4730

to be appointed by such authority, the commissioner of Haralson County, and one member of the Haralson County Water Authority to be appointed by such authority. Six members shall constitute a quorum. Any vacancy in the position of a member appointed by an authority shall be filled by such authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall elect a chairman and vice chairman of the authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the authority. The members of the authority shall determine their compensation for serving in such capacity. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. Said Act is further amended by striking subsection (a) of Section 3, relating to definitions, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Act, the term: (1) `Authority' means the West Georgia Regional Water Authority created by Section 2 of this Act. (2) `Cost of the project' means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, costs of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.

Page 4731

(3) `Member county' means Carroll, Douglas, Haralson, Paulding, and Polk counties unless the governing authority of any such county has adopted a resolution, at any time, declaring that such county shall not be a member county under this Act, in which event the authority shall not construct or operate any facility or distribute water in such county. (4) `Project' means and includes the acquisition and construction of a regional water reservoir, the acquisition of real property surrounding the reservoir, and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the member counties, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking. (5) `Revenue bonds' and `bonds' shall mean revenue bonds and certificates as defined and provided for in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law and such type of obligations may be issued by the authority as authorized under said article. In addition, such terms shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (6) `West Georgia region' means Carroll, Douglas, Haralson, Paulding, and Polk counties. 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 1990 session of the General Assembly of Georgia, a Bill to amend the membership of the West Georgia Regional Water Authority by adding Carroll County; to provide for its powers,

Page 4732

duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 5th day of February, 1990. John C. Helms, Chairman Board of Commissioners Paulding County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. 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 Dallas New Era which is the official organ of Paulding County, on the following date: February 8, 1990. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION: Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a Bill to amend the membership of the West Georgia Regional Water Authority by adding Carroll County; to provide for its power, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 5th day of February, 1990. Jack McKay, Chairman, Board of Commissions Douglas County.

Page 4733

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. 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: February 9, 1990. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a Bill to amend the membership of the West Georgia Regional Water Authority by adding Carroll County; to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 5 day of February, 1990 Frank B. Lott, Chairman Board of Commissioners Polk County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. 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

Page 4734

Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: February 8, 1990. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a Bill to amend the membership of the West Georgia Regional Water Authority by adding Carroll County' to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 5th day of February, 1990. /s/ Tony Ellis Commissioner Haralson County AFFIDAVIT GEORGIA Haralson County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Gateway Beacon legal organ for Haralson County.

Page 4735

The following dates, to-wit: 2/8, 2/15 Sworn to on the 20 day of February, 1990 /s/ Julianne Foster Publisher Sworn to and subscribed to before me on the 20th day of February, 1990 /s/ Luvain S. Miller Notary Public Haralson County, Georgia My Commission Expires Aug. 22, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act known as the West Georgia Regional Water Authority Act, approved March 30, 1988 (Ga. L. 1988, p. 4926); to include Carroll County as a member county of the West Georgia Regional Water Authority; and for other purposes. This 22nd day of January, 1990. /s/ Charles Thomas, Jr. Honorable Charles A. Thomas, Jr., Representative, 69th District. /s/ Thomas B. Murphy Honorable Thomas B. Murphy, Representative, 18th District. /s/ Bill Cummings, Honorable Bill Cummings, Representative, 17thd District.

Page 4736

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: 1-28 Sworn to on this 31 day of January, 1990 /s/ Fred Lister Publisher Sworn to and subscribed before me this 1 day of February, 1990 /s/ Norma Blinn Notary Public MY COMMISSION EXPIRES JAN. 7, 1994 (SEAL) Approved March 28, 1990. CITY OF ACWORTH CORPORATE LIMITS. No. 1019 (House Bill No. 1995). AN ACT To amend an Act reincorporating and providing a new charter for the City of Acworth, approved February 17, 1989 (Ga. L. 1989, p. 3512), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

Page 4737

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating and providing a new charter for the City of Acworth, approved February 17, 1989 (Ga. L. 1989, p. 3512), is amended by adding at the end of Section 1.11 a new subsection to read as follows: (c) In addition to any other property included within the corporate limits of the City of Acworth, such corporate limits shall also include the following described property: 1. A tract in Land Lot 68, Land District 20, 2nd Section Cobb County Georgia more particularly described as follows: Beginning at a point on the westerly right of way line of South Main Street (formerly State Route 293) six hundred twenty five (625) feet more or less north northwesterly along said west right-of-way line of South Main Street from its intersection with the south Land Lot Line of Land Lot 68; thence run westerly along the present City Limits a distance of five hundred twenty five (525) feet to a point; thence run southerly along the present City Limits a distance of one hundred seventy (170) feet to a point; thence run easterly a distance of five hundred fifty (550) feet more or less to a point on the west right-of-way of South Main Street; thence run north-north westerly along the westerly right-of-way line of South Main Street a distance of one hundred sixty five (165) feet to the point of beginning. The above described tract contains two and one tenth (2.1) acres and is identified as 3979 South Main Street. 2. A tract in Land Lot 85, Land District 20 - 2nd Section of Cobb County, Georgia more particularly described as follows: Beginning at the southeasterly intersection of the right-of-way lines of Lakeview Drive and Lakeview Place; thence run southerly along the easterly side of Lakeview Place and present City Limits a distance of one hundred twenty (120) feet to a point; thence run

Page 4738

easterly a distance of one hundred ninety six and four tenths (196.4) feet to a point; thence run northerly a distance of one hundred twenty (120) feet to a point on the southerly right-of-way line of Lakeview Drive; thence run westerly along the southerly right-of-way line of Lakeview Drive a distance of one hundred sixty five (165) feet to the point of beginning. The above described tract being Lots 13 and 14 of Lakeview Heights Subdivision as recorded in the Plat Records of Cobb County and is identified as 3730 Lakeview Place. 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 1990 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 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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 4739

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: December 29, 1989. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. AVONDALE ESTATES DEVELOPMENT AUTHORITY DISTRICTS. No. 1020 (House Bill No. 2000). AN ACT To amend an Act creating the Avondale Estates Development Authority, approved February 18, 1977 (Ga. L. 1977, p. 2756), so as to provide for the Avondale Estates Business District; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4740

Section 1. An Act creating the Avondale Estates Development Authority, approved February 18, 1977 (Ga. L. 1977, p. 2756), is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. There is hereby created within the City of Avondale Estates the Avondale Estates Business District which shall be composed of all that territory embraced within the following description: All that tract or parcel of land lying and being in the City of Avondale Estates, Georgia, and being more particularly described as follows: All that tract and parcel of land within the following boundary: From a point on the southerly right-of-way of east College Avenue/US 278, eight hundred and eighty-nine feet (889), more or less, east of the westerly right-of-way of Maple Street (if extended) and the southerly right-of-way of East College Avenue/US 278; thence in a southerly direction two hundred twenty-five feet (225), more or less, to a point; thence in a westerly direction at an interior angle of eighty-nine degrees twenty-four minutes with the preceding call, a distance of three hundred seventy feet (370) 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 feet (230) to an iron pipe on the south side right-of-way line of East College Avenue/US 278; thence westerly along said right-of-way line of East College Avenue/US 278, a distance of four hundred seventy-five feet (475) to a point, which point is directly opposite the westerly right-of-way line for Maple Street, if extended; thence in a northerly direction crossing East College Avenue/US 278 and following the westerly line of Maple Street a distance of six hundred feet (600), more or less, to a point fifty feet (50) south of 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 nineteen hundred ninety-nine and two tenths feet (1,999.2), more or less, to its intersection with the easterly right-of-way of Oak Street (40 right-of-way); thence in a southerly direction along the easterly right-of-way line of Oak Street a distance of three hundred four and fifty-three hundredths feet (304.53), more or less, to a point at the intersection of said right-of-way line and

Page 4741

the original designated centerline of Green Street (never opened, right-of-way never dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred and sixteen hundredths feet (200.16), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (40 right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line twenty feet (20) to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage Mill a distance of four hundred and eighty feet (480), more or less, to a point; thence in a southerly direction a distance of one hundred ninety-seven and eighty-one hundredths feet (197.81), more or less, to an intersection with the northerly right-of-way line of Parry Street (40 right-of-way); thence in an easterly direction along the northerly right-of-way line of Parry Street a distance of four hundred and five feet (405), more or less, to its intersection with the easterly right-of-way line of Laredo Drive (40 right-of-way); thence in a southeasterly direction along the easterly right-of-way of Laredo Drive a distance of ninety five feet (95), 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 feet (1017), more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road five hundred and forty five feet (545), more or less to a point; thence due south three hundred and ninety feet (390), more or less, to the northeast corner of land lot 249; thence south along said east line of land lot 249 to the southerly right-of-way of Oakham Place (if extended); thence in a westerly direction two hundred twenty-four feet (224) to a point at the southwest corner of the intersections of the rights-of-way of Oakham Place and Windsor Terrace; thence in a northerly direction along the west right-of-way line of Windsor Terrace a distance of one hundred fifty feet (150), more or less, to a point; thence in a westerly direction eight hundred feet (800), more or less, to a point at the northwest corner of the westerly right-of-way

Page 4742

of Ashton Place; thence in a southerly direction along the western right-of-way of Ashton Place a distance of four hundred seventy-five feet (475), more or less; thence in a southwesterly direction along the western right-of-way of Ashton Place a distance of one hundred feet (100), more or less, to a point formed by the western right-of-way of Ashton Place and the northern right-of-way of North Avondale Plaza/US 278; thence in a northwesterly direction along the northern right-of-way of North Avondale Plaza/US 278 a distance of five hundred seventy-five feet (575), more or less, to a point that forms the northwest corner of North Clarendon Avenue and North Avondale Road/US 278; thence in a southwesterly direction a distance of fifty feet (50), more or less, crossing North Avondale Road/US 278 to a point on the southern right-of-way of North Avondale Road/US 278; thence following the southerly right-of-way of North Avondale Road/East College Avenue/US 278 a distance of seventeen hundred fifty feet (1750), more or less, to the point of beginning. Said tract being that same tract as delineated by that map attached hereto and on file with the City Clerk of the City of Avondale Estates entitled Boundaries of the Avondale Estates Business District. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Avondale Estates Development Authority, approved February 18, 1977 (Ga. L. 1977, p. 2756), so as to provide for the Avondale Estates Business Direct; to repeal conflicting laws; and for other purposes. This 8th day of February, 1990. Dean Alford Representative, 57th District, Post 3

Page 4743

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 8, 1990. /s/ Dean Alford Representative, 57th District Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. RICHMOND COUNTY STATE COURT; SOLICITOR; SALARY. No. 1021 (House Bill No. 2001). 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 22, 1989 (Ga. L. 1989, p. 4113), so as to change the compensation of the solicitor of the 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:

Page 4744

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 22, 1989 (Ga. L. 1989, p. 4113), is amended by striking paragraph (5) of Section 1 of said Act in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Solicitor of the state court..... $26,000.00. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1990 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 2nd day of January, 1990. 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, 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

Page 4745

official organ of Richmond County, on the following date: January 8, 1990. /s/ Michael J. Padgett Representative, 86th District Sworn to and subscribed before me, this 21st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CHEROKEE COUNTY BOARD OF ETHICS; CREATION; REFERENDUM. No. 1022 (House Bill No. 2003). AN ACT To amend an Act creating a new board of commissioners of Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County; to provide for the powers and duties of said board of ethics; to provide that a member of the governing authority of Cherokee County shall forfeit his office for a violation of the code of ethics; to provide for the removal of a member of the governing authority by the board of ethics; to provide for judicial review; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4746

Section 1. An Act creating a new board of commissioners of Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), is amended by adding immediately following Section 9 a new Section 9A to read as follows: Section 9A. (a) (1) It is essential to the proper administration and operation of the Cherokee County government that the members of its governing authority be, and give the appearance of being, independent and impartial; that public office not be used for private gain; and that there be public confidence in the integrity of the Cherokee County governing authority. Because the attainment of one or more of these ends is impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of members of the Cherokee County governing authority, the public interest requires that the General Assembly protect against such conflicts of interest by establishing by law appropriate ethical standards with respect to the conduct of the members of the governing authority in situations where a conflict may exist. (2) The General Assembly recognizes that an appropriate and effective code of ethics for appointive officials and employees of Cherokee County is also essential for the proper administration and operation of the Cherokee County government. The General Assembly, therefore, urges and expects the commission to provide by ordinance for a code of ethics substantially the same as the one provided by this section for such appointive officials and employees. (b) As used in this section, the term: (1) `Business' means a corporation, a partnership, a sole proprietor, or any other person or organization carrying on an enterprise for profit. (2) `Confidential information' means any information which by law or practice is not available to the public. (3) `Consultant' means any person not a member of the governing authority who is retained, designated, or

Page 4747

specially employed to render personal services of a technical or professional nature, whether paid or unpaid, and who has other personal or private employment. The term `consultant' includes, but is not limited to, attorneys, architects, engineers, surveyors, accountants, brokers, financial advisers, and title abstractors. (4) `Contract' means any claim or demand against or any lease, account, or agreement with any person, whether express or implied, executed or executory, verbal or in writing. (5) `Emergency situation' means any circumstance or condition giving rise to an immediate necessity for the execution of a contract by and between Cherokee County and a member of the governing authority or between Cherokee County and a business in which a member of the governing authority has an interest and where, to the satisfaction of the chairman of the commission, it is shown that there is no one other than such persons with whom the contract could have been made and that the necessity was not brought about by such persons' own fault or neglect. (6) `Immediate family' means an individual and the individual's spouse and their parents, children, brothers, and sisters. (7) `Interest' means any direct or indirect pecuniary or material benefit held by or accruing to a member of the governing authority or to a member of the board of ethics as a result of a contract or transaction which is or may be the subject of an official act or action by or with Cherokee County. Unless otherwise provided in this section, the term `interest' does not include any remote interest. A member of the governing authority or a member of the board of ethics shall be deemed to have an interest in transactions involving: (A) Any person in the member's immediate family;

Page 4748

(B) Any person with whom a contractual relationship exists whereby the member may receive any payment or other benefit; (C) Any business in which the member is a director, officer, employee, prospective employee, or shareholder; or (D) Any person of whom the member is a creditor, whether secured or unsecured. (8) `Member of the governing authority' or `member' means the chairman of the commission, the county manager, or any commissioner of Cherokee County. (9) `Official act or action' means any legislative, administrative, appointive, or discretionary act of the commission, the chairman of the commission, the county manager, or a commissioner. (10) `Paid' means the receipt of, or right to receive, a salary, commission, or percentage, brokerage, or contingent fee. (11) `Participate' means to take part in official acts, actions, or proceedings personally as a member of the governing authority through approval, disapproval, decision, recommendation, investigation, the rendering of advice, or the failure to act or perform a duty. (12) `Person' means any individual, business, labor organization, representative, fiduciary, trust, or association, whether paid or unpaid, and includes any member of the governing authority. (13) `Property' means any property, whether real or personal, or tangible or intangible, and includes currency and commercial paper. (14) `Remote interest' means the interest of: (A) A nonsalaried director, officer, or employee of a nonprofit corporation;

Page 4749

(B) A holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (C) Any person in a representative capacity, such as a receiver, trustee, or administrator; or (D) Any person who, by determinations of the board of ethics, is deemed to have such an interest. (15) `Transaction' means the conduct of any activity that results in or may result in an official act or action of the governing authority of Cherokee County. (c) No member of the governing authority shall: (1) By his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official acts or actions or that he is affected unduly by the rank or position of or kinship or association with any person; (2) (A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for himself or another person if: (i) It tends to influence him in the discharge of his official duties; or (ii) He recently has been, or is now, or in the near future may be, involved in any official act or action directly affecting the donor or lender. (B) Subparagraph (A) of this paragraph shall not apply in the case of: (i) An occasional nonpecuniary gift of insignificant value; (ii) An award publicly presented in recognition of public service; or (iii) A commercially reasonable loan made in the ordinary course of business by an institution

Page 4750

authorized by the laws of Georgia to engage in the making of such a loan; (3) Disclose or otherwise use confidential information acquired by virtue of his position for his or another person's private gain; (4) Appear on his own personal behalf, or represent, advise, or appear on the personal behalf of, whether paid or unpaid, any person before any court or before any legislative, administrative, or quasi-judicial board, agency, commission, or committee of the state or of any county or municipality concerning any contract or transaction which is or may be the subject of an official act or action of Cherokee County or otherwise use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or other persons; (5) Engage in, accept employment with, or render services for any private business or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of his official duties. For the purposes of this paragraph, the employment of a consultant by any business involving matters unrelated to any contract or transaction by or with Cherokee County shall not be deemed incompatible with such consultant's official duties; (6) Acquire an interest in any contract or transaction at a time when he believes or has reason to believe that such an interest will be affected directly or indirectly by his official act or actions or by the official acts or actions of the governing authority of Cherokee County; or (7) Engage in any activity or transaction that is prohibited by law now existing or hereafter enacted which is applicable to him by virtue of his being a member of the governing authority. (d) A member of the governing authority who has an interest that he has reason to believe may be affected by his official acts or actions or by the official acts or actions of the governing authority of Cherokee County shall disclose the

Page 4751

precise nature and value of such interest by sworn written statement to the board of ethics and ask for its opinion as to the propriety of said interest. Every member of the governing authority who knowingly has any interest, direct or indirect, in any contract to which Cherokee County is or is about to become a party, or in any other business with Cherokee County, shall make full disclosure of such interest to the governing authority of Cherokee County and to the board of ethics. The information disclosed by such sworn statements, except for the valuation attributed to the disclosed interest, shall be made a matter of public record by the board of ethics. (e) A member of the governing authority shall disqualify himself from participating in any official act or action of Cherokee County directly affecting a business or activity in which he has any interest, whether or not a remote interest. (f) Cherokee County shall not enter into any contract involving services or property with a member of the governing authority or with a business in which a member of the governing authority has an interest. This section shall not apply in the case of: (1) The designation of a bank or trust company as a depository for county funds; (2) The borrowing of funds from any bank or lending institution which offers the lowest available rate of interest for such loan; (3) Contracts entered into with a business which employs a consultant, provided that the consultant's employment with the business is not incompatible with the consultant's official duties under paragraph (3) of subsection (b) of this section; (4) Contracts for services entered into with a business which is the only available source for such goods or services; and (5) Contracts entered into under circumstances which constitute an emergency situation, provided that a record explaining the emergency is prepared by the chairman of

Page 4752

the commission and submitted to the board of ethics at its next regular meeting and thereafter kept on file. (g) Cherokee County shall not enter into any contract with, or take any official act or action favorably affecting, any person, or business represented by such person, who has been within the preceding 12 month period a member of the governing authority. (h) (1) This section shall be construed liberally to effectuate its purposes and policies and to supplement such existing laws as may relate to the conduct of members of the governing authority. (2) The propriety of any official act or action taken by or transaction involving any member of the governing authority immediately prior to the time this section shall take effect shall not be affected by the enactment of this section. (3) The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. (i) (1) There is created the Board of Ethics of Cherokee County to be composed of seven citizens of Cherokee County to be appointed as provided in paragraph (2) of this subsection. Each member of the board of ethics shall have been a resident of Cherokee County for at least one year immediately preceding the date of taking office and shall remain a resident of the county while serving as a member of the board of ethics. No person shall serve as a member of the board of ethics if the person has, or has had within the immediately preceding two-year period, any interest in any contract, transaction, or official action of Cherokee County. (2) Two members of the board of ethics shall be appointed by the chairman of the commission and five members shall be appointed by a majority vote of the full membership of the commission. At a minimum, two members shall be members of the Republican Party and two

Page 4753

members shall be members of the Democratic Party. One member appointed by the chairman of the commission shall be appointed for an initial term of one year and the other shall be appointed for an initial term of five years. The five members appointed by the commission shall each be appointed for respective initial terms of two, three, four, six, and seven years. The appointing authorities shall designate the initial terms of their respective appointees. Successors to the first members of the board of ethics and future successors shall be appointed by the respective appointing authorities for terms of seven years upon the expiration of the respective terms of office. All members of the board of ethics shall serve until their successors are appointed and qualified. The first members of the board of ethics shall be appointed to take office on January 1, 1991. (3) If a member of the board of ethics ceases to be a resident of Cherokee County, that member's position on the board, by operation of law, shall become vacant upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy in the board of ethics shall exist by reason of death, resignation, or loss of residency as described in this paragraph. A member of the board of ethics may be removed from office during a term only if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility. A vacancy shall be filled for the unexpired term by the respective appointing authority. (4) The members of the board of ethics shall serve without compensation and shall elect from their own membership a chairman and otherwise provide for their own internal organization. The governing authority of Cherokee County shall provide adequate office and meeting space for the board of ethics. Subject to budgetary procedures and requirements and Cherokee County merit system regulations, the board of ethics shall be authorized to employ its own staff and clerical personnel. The governing authority of Cherokee County shall also provide the board of ethics with such supplies and equipment as may be reasonably necessary

Page 4754

for it to carry out its duties and responsibilities. The board of ethics shall be a department of the county government and shall be subject to budgetary procedures and requirements in the same manner as are other departments of the county government; provided, however, in exercising its powers and duties under this section, the board of ethics shall be completely independent and shall not be subject to control or supervision by the chairman of the commission, the county manager, the commission, or any other officer, department, or agency of the county government. (5) The board of ethics shall have the following duties: (A) To establish procedures, rules, and regulations governing its internal organization and the conduct of its affairs; (B) To render advisory opinions with respect to the interpretation and application of this section to all persons who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed in this section. Such opinions shall be binding on the board of ethics in any subsequent complaint concerning the person who sought the opinion and acted in good faith, unless material facts were omitted or misstated in the request for the advisory opinion; (C) To prescribe forms for the disclosures required in this section and to make available to the public the information disclosed as provided in this section; (D) To receive and hear complaints of violations of the standards required by this section; (E) To make such investigations as it deems necessary to determine whether any person has violated or is about to violate any provisions of this section; and (F) To hold such hearings and make such inquiries as it deems necessary for it to carry out properly its functions and powers.

Page 4755

(6) (A) Any member of the governing authority who knowingly violates any provision of the code of ethics provided for in this section shall forfeit his office as a member of the governing authority and may be removed from office after notice and hearing by the affirmative vote of five members of the board of ethics. The board of ethics by its own motion or as a result of a complaint filed with the board of ethics by any citizen or by a group of citizens of Cherokee County may make such investigation as it deems proper to carry out its duties under this paragraph. For the purposes of this paragraph, the board of ethics may hold and conduct hearings, issue subpoenas, examine witnesses, and administer oaths. The board of ethics shall apply to the Superior Court of Cherokee County for the enforcement of any subpoena issued by the board. (B) At any hearing held under subparagraph (A) of this paragraph, the member of the governing authority who is adversely affected shall have the right to be represented by counsel, to hear and examine the evidence and witnesses against the member of the governing authority, and to present evidence and witnesses in opposition or in extenuation. (7) (A) Any member of the governing authority adversely affected by any final decision of the board of ethics under paragraph (6) of this subsection may obtain judicial review of such decision as provided in this paragraph. (B) An action for judicial review may be commenced in the Superior Court of Cherokee County within 30 days after the decision of the board of ethics becomes final. (C) The effective date of the final decision of the board of ethics shall be postponed pending judicial review provided for in this paragraph. (D) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, testimony, evidence,

Page 4756

exhibits, and other papers presented to or considered by the board of ethics and the findings and decision of the board of ethics. As to alleged procedural irregularities, evidence may be taken independently by the court. (E) If the court finds no error, it shall affirm the decision of the board of ethics. If it finds that such action was: (i) Arbitrary or capricious; (ii) A denial of a statutory right; (iii) Contrary to constitutional right, power, privilege, or immunity; (iv) In excess of statutory jurisdiction, authority, purposes, or limitation; (v) Not in accord with the procedures or procedural limitations of this section or otherwise required by law; (vi) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or (vii) Otherwise contrary to law, then the court shall hold unlawful and set aside the decision of the board of ethics removing the member of the governing authority from office. (F) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action. 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

Page 4757

shall conduct that election on the same date as the 1990 general election 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 Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a code of ethics for the members of the governing authority 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 as provided in Section 4 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 Cherokee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. If this Act is approved at the referendum provided for in Section 2 of this Act, it shall become effective upon the certification of the results of the referendum for the administrative purpose of allowing the consideration of persons for appointment to the board of ethics, and it shall become effective for all purposes on January 1, 1991. 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 1990 session of the Georgia General Assembly a bill to amend an act creating a board of commissioners for Cherokee County

Page 4758

approved March 30, 1990 (gal 1989, p. 4295); and for other purposes. This 22nd day of January, 1990. Representatives 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: January 24, 1990. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4759

TOWN OF TYRONE MAYOR AND COUNCILMEMBERS; QUALIFICATIONS; ELECTIONS. No. 1023 (House Bill No. 2008). 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, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4571), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4065), so as to change the qualifications and terms of the mayor and council; to change the date of the municipal election; 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, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4571), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4065), is amended by striking subsections (b) and (c) of Section 2.101 and inserting in their places the following: (b) (1) The mayor and the councilmen from posts 1 and 2 who are in office immediately prior to the date this subsection becomes effective shall serve out their terms of office which shall expire December 31, 1990, and upon the election and qualification of their respective successors. At the annual municipal election in 1990 and in each even-numbered year thereafter successors to the mayor and the councilmen from posts 2 and 3 whose terms of office are to expire that year shall be elected and take office the first day of January following that election for terms of office of two years each and until their respective successors are elected and qualified. (2) The councilmen from posts 3 and 4 who are in office immediately prior to the date this subsection becomes effective shall serve out their terms of office which shall expire December 31, 1991, and upon the election and qualification of their respective successors. At the annual

Page 4760

municipal election in 1991 and in each odd-numbered year thereafter successors to the councilmen from posts 3 and 4 whose terms of office are to expire that year shall be elected and take office the first day of January following that election for terms of office of two years each and until their respective successors are elected and qualified. (c) After January 1, 1990, the annual municipal election shall be held on the Tuesday next following the first Monday in November in 1990 and on such day each year thereafter. The councilmen or mayor and councilmen elected at each such election shall take office on the first day of January following their election. Section 2. Said Act is further amended by striking two years from Section 2.102 thereof and inserting at least 12 months in its place so that when so amended said section shall 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 at least 12 months 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 3. Said Act is further amended by striking two years from the second sentence of Section 3.102 thereof and inserting at least 12 months in its place so that when so amended said section shall 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 at least 12 months 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

Page 4761

expenses incurred in the performance of his duties of office as provided in Section 2.104. 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 by the Mayor and Council of the Town of Tyrone, Georgia, that there will be introduced at the regular 1990 Session of the General Assembly of the State of Georgia, a bill to amend the Charter of the Town of Tyrone, Georgia, approved April 17, 1975 (GA. L. 1975, p. 3876), as amended. This 8th day of January, 1990. Valerie Fowler Town Clerk Town of Tyrone, Georgia CERTIFICATE OF PUBLISHING Personally appeared before me the undersigned officer, duly authorized to administer oaths in the State of Georgia, Helen Teague, who after being duly sworn states the following: 1. That the Fayette County News is the duly constituted legal organ for the the advertisement of Sheriff's sales and is the legal organ of Fayette County, Georgia. 2. That the public notice attached hereto and incorporated herein was published in said paper on the dates of January 25, 1990, and January 27, 1990. Further affiant sayeth not. /s/ Helen Teague Office Manager Title

Page 4762

Signed and sworn before me, this 19 day of February, 1990. /s/ Thomas J. McHugh Notary Public, Fayette County, Ga. Exp. Dec. 13, 1992 (SEAL) Approved March 28, 1990. CITY OF SKY VALLEY MAYOR AND COUNCILMEMBERS; ELECTIONS; TERMS. No. 1024 (House Bill No. 2010). AN ACT To amend an Act incorporating the City of Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4310), so as to authorize the retention of staggered two-year terms of office; to provide for 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 Sky Valley, approved March 24, 1978 (Ga. L. 1978, p. 4292), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4310), is amended by striking Section 5.13 in its entirety and inserting in lieu thereof a new Section 5.13 to read as follows: Section 5.13. Regular elections; time for holding. (a) The mayor and councilmembers serving on the effective date of this Act shall remain in office until the normal expiration of their terms of office and until their successors are elected and qualified.

Page 4763

(b) Successors to the two councilmembers whose terms expire December 31, 1990, shall be elected on the Tuesday next following the first Monday in November of 1990 and biennially thereafter and shall serve for terms of office of two years and until their successors are elected and qualified. (c) Successors to the mayor and those three councilmembers whose terms expire December 31, 1991, shall be elected on the Tuesday next following the first Monday in November of 1991 and biennially thereafter and shall serve for terms of two years and until their successors are elected and qualified. (d) The candidates for each post on the council and for the office of mayor receiving the highest number of votes shall be elected for terms of two 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 1990 session of the General Assembly of Georgia a bill to keep the term of office for the City of Sky Valley Councilman and Mayor at 2 year terms. The purpose of the local legislation is to allow the members of the City of Sky Valley government to be elected for a term of two years. This 15th day of February, 1990. W. Bret Barber Attorney for City of Sky Valley GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is

Page 4764

the official organ of Rabun County, on the following date: February 15, 1990. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF FORSYTH HOMESTEAD EXEMPTION; REFERENDUM. No. 1025 (House Bill No. 2011). AN ACT To provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older; to provide procedures; to provide for related matters; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term homestead means such term as defined in Code Section 48-5-40 of the O.C.G.A.

Page 4765

Section 2. Each resident of the City of Forsyth, Georgia, is granted an exemption from that person's homestead from all City of Forsyth ad valorem taxes in the amount of $2,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3. In addition to the exemption granted in Section 2 of this Act, each resident of the City of Forsyth, Georgia, who is 65 years of age or older is granted an exemption from that person's homestead from all City of Forsyth ad valorem taxes in the amount of $4,000.00. 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 Forsyth 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, 1991, 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 Forsyth 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 Forsyth for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1990, City of Forsyth municipal election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Monroe County. The ballot shall have written or printed thereon the words:

Page 4766

() YES () NO Shall the Act providing a $2,000.00 homestead exemption from City of Forsyth ad valorem taxes for residents of that city and providing an additional $4,000.00 homestead exemption from City of Forsyth ad valorem taxes for residents of that city who are 65 years of age or older be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Forsyth. 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 1990 session of the General Assembly of Georgia a bill to authorize submission to the qualified voters of the City of Forsyth a proposal to exempt from city ad valorem taxes $2,000.00 of the value of all real estate in the City of Forsyth returned for taxation by persons who own and occupy the property as a residence, and an additional $4,000.00 of value where such persons are 65 years of age or older; provided that the procedures for obtaining tax exemption from state and county taxes; and for other purposes.

Page 4767

This 5th day of February, 1990. /s/ Curtis S. Jenkins Honorable Representative, 80 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 7, 1990. /s/ Curtis S. Jenkins Representative, 80th District Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF TALLAPOOSA CORPORATE LIMITS. No. 1026 (House Bill No. 2017). AN ACT To amend an Act creating a new charter for the City of Tallapoosa, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

Page 4768

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Tallapoosa, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, is amended by adding a new section further describing city boundaries immediately following Section 1.11, to be designated Section 1.12., to read as follows: Section 1.12. In addition to any territory lying within the corporate limits of the City of Tallapoosa pursuant to Section 1.11 of this charter, such corporate limits shall also include the following: The right of way of Georgia Highway Number 100 (as it currently exists or as modified in the future) as it extends in a southerly direction from the presently situated southerly boundary of the City of Tallapoosa, Georgia, a distance of 17,105 feet, more or less, to a point where the southerly line of Land Lot Number 89, 8th District and 5th Section, Haralson County, Georgia, crosses Georgia Highway Number 100, and the following tracts of land which bound the same, to-wit: PARCEL 1 TRACT I: All that tract or parcel of land lying and being in Land Lot Number 89, being shown as 43.92 acres on a plat for Southwood Corporation by J. L. Williams, Registered Land Surveyor, dated November 30, 1989, the same being of record at Plat Book 16, Page 122, Clerk's Office, Haralson Superior Court, reference to the same being hereby made for a more full and complete description of the above property, said tract fronting on the easterly right of way line of Georgia Highway Number 100. TRACT II: All that tract or parcel of land lying and being in Land Lot Number 90, being shown as 3.30 acres on a plat for Southwood Corporation by J. L. Williams, Registered Land

Page 4769

Surveyor, dated November 30, 1989, the same being of record at Plat Book 16, Page 122, Clerk's Office, Haralson Superior Court, reference to the same being hereby made for a more full and complete description of the above property, said tract fronting on the westerly right of way line of Jack Roberson Road. PARCEL 2 All that tract or parcel of land lying and being in Land Lot Number 88 of the 8th District and 5th Section of Haralson County, Georgia, and being more fully described as follows, to-wit: BEGINNING at an iron pin on the westerly right of way line of Georgia Highway Number 100, which said point is south 09 degrees 05 minutes 33 seconds west, and along said right of way line, 501.09 feet from the intersection of said right of way line with the southerly right of way line of Interstate 20, said latter point being marked by a concrete monument; From said point of beginning, run thence north 83 degrees 54 minutes 35 seconds west, 240.00 feet to an iron pin; run thence north 09 degrees 32 minutes 40 seconds east, 200.00 feet to an iron pin; run thence south 83 degrees 47 minutes east, 240.00 feet to a point on the westerly right of way line of Georgia Highway Number 100; run thence in a southerly direction, and along said right of way line, 200.00 feet to an iron pin and the point of beginning. PARCEL 3 All that tract or parcel of land lying and being in Land Lot Number 89 of the 8th District and 5th Section of Haralson County, Georgia, and being more particularly described as follows, to-wit: BEGINNING at a point on the west right of way line of State Highway Number 100, said point being 507 feet north of the original south line of said land lot as measured along the west right of way line of said Highway Number 100 aforesaid; thence from the point of beginning, north 85 degrees 06 minutes west 832 feet; thence south 1 degree 00 minutes east 584 feet; thence south 89 degrees 00 minutes west along the original land lot line 273 feet; thence north 36 degrees 40 minutes west 440 feet; thence south 89

Page 4770

degrees 00 minutes west 297 feet; thence north 42 degrees 22 minutes west 174 feet to the original west line of said Land Lot Number 89 aforesaid; thence north 1 degree 00 minutes west 1035 feet to an iron pin; thence north 89 degrees 00 minutes east 992 feet to an iron pin; thence south 89 degrees 33 minutes east 869 feet to the right of way line of said State Highway 100 aforesaid; thence south 4 degrees 20 minutes west along the west right of way line of said highway 184 feet; thence south 3 degrees 32 minutes west along said right of way line of said highway 808 feet to the point of beginning, all according to a plat of said premises dated May 4, 1967, recorded in Haralson County Plat Record Book 1-B, Page 152, said plat and the record thereof are incorporated herein by reference thereto and made a part hereof. LESS AND EXCEPT the following tracts of land, to-wit: (1) The tract previously conveyed by the First National Bank of Cobb County, dated April, 1980, and more fully described at Deed Book 220, page 376, Clerk's Office, Haralson Superior Court, said tract measuring approximately 2 acres; (2) 3.15 acres previously conveyed to William E. Bridges by deed dated January 16, 1990, and recorded at Deed Book 303, Page 378, Clerk's Office, Haralson Superior Court; (3) 6.00 acres previously conveyed to Lamar Noble by deed dated May 16, 1988, and recorded at Deed Book 289, Page 568, Clerk's Office, Haralson Superior Court. PARCEL 4 All that tract or parcel of land lying and being in Land Lot Number 88 of the 8th District and 5th Section of Haralson County, Georgia, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING; begin at the southwest corner of Land Lot Number 88; thence run north 02 degrees 29 minutes 00 seconds west, a distance of 1443.33 feet to a point; thence running north 87 degrees 15

Page 4771

minutes east a distance of 922.35 feet to the TRUE POINT OF BEGINNING; thence running north 87 degrees 15 minutes east a distance of 390.14 feet to a point, said point being at the centerline of a branch; thence running northwesterly along the centerline of the branch a distance of 355 feet, more or less, to a point; thence running north 50 degrees 16 minutes east a distance of 83.3 feet; thence running north 68 degrees 26 minutes east a distance of 132.9 feet to a point; thence running north 57 degrees 41 minutes east a distance of 57.9 feet to a point; thence running north 79 degrees 45 minutes east a distance of 673.4 feet to a point on the southwesterly right of way of Georgia Highway Number 100; thence running south 3 degrees 45 minutes east a distance of 320.5 feet to a point on said right of way; thence running south 00 degrees 40 minutes west a distance of 218.78 feet to a point on said right of way; thence running south 00 degrees 40 minutes west a distance of 93.72 feet to a point on said right of way; thence running south 06 degrees 34 minutes west a distance of 120.2 feet to a point on said right of way; thence running south 00 degrees 23 minutes 56 seconds east a distance of 215.25 feet to a point on said right of way; thence running south 87 degrees 25 minutes west a distance of 1119.98 feet to a point; thence running north 02 degrees 39 minutes west a distance of 423.98 feet to a point and the TRUE POINT OF BEGINNING. PARCEL 5 All that tract or parcel of land lying and being in Land Lot Number 89 of the 8th District and 5th Section of Haralson County, Georgia, and being more fully described as follows, to-wit: BEGINNING at an iron pin on the westerly right of way line of Georgia State Higway Number 100, and which said point is south 09 degrees 05 minutes 33 seconds west, and along said right of way line, 501.09 feet from the intersection of said right of way line with the southerly right of way line of Interstate 20, said latter point being marked by a concrete monument;

Page 4772

From said point of beginning, run thence north 83 degrees 54 minutes 35 seconds west, 240.0 feet to an iron pin; run thence north 09 degrees 32 minutes 40 seconds east, 200.0 feet to an iron pin; run thence north 83 degrees 47 minutes 12 seconds west, 632.02 feet to an iron pin; run thence north 02 degrees 29 minutes 05 seconds east, 302.78 feet to a point on the southerly right of way line of Interstate 20; run thence the following courses and distance, and along the southerly right of way line of Interstate 20, to-wit: South 88 degrees 35 minutes 46 seconds west, 175.66 feet; north 81 degrees 30 minutes 06 seconds west, 43.15 feet; south 86 degrees 51 minutes 41 seconds west, 257.84 feet; and south 82 degrees 28 minutes 05 seconds west, 534.76 feet to an iron pin; run thence south 05 degrees 28 minutes 32 seconds west, 492.08 feet to an iron pin; run thence north 85 degrees 36 minutes 40 seconds west, 868.92 feet to a point; run thence south 07 degrees 13 minutes 05 seconds west, 461.14 feet to an iron pin; run thence south 85 degrees 36 minutes 40 seconds east, 158.74 feet to an iron pin; run thence north 64 degrees 11 minutes 26 seconds east, 788.08 feet to an iron pin; run thence south 83 degrees 16 minutes 09 seconds east, 326.24 feet to an iron pin on the westerly right of way of line of Georgia Highway Number 100; run thence north 09 degrees 05 minutes 33 seconds east, and along the westerly right of way line of Georgia Highway Number 100, 200 feet to an iron pin, and the point of beginning. PARCEL 6 All that tract or parcel of land lying and being in Land Lot Number 89 of the 8th District and the 5th Section of Haralson County, Georgia, and being more fully described as follows, to-wit: BEGINNING at the highway right of way marker at the intersection of the south right of way line of Interstate 20 and the west right of way line of Georgia Highway Number 100; thence along the right of way of Georgia Highway Number 100 south 06 degrees 17 minutes 41 seconds west, 300.88 feet; thence north 86 degrees 20 minutes 28 seconds west, 872.10 feet; thence due north 302.78 feet to a point on the southerly right of way line of Interstate 20; thence along

Page 4773

said right of way line north 86 degrees 6 minutes 41 seconds east, 796 feet to a highway right of way marker; thence south 43 degrees 43 minutes 03 seconds east, 157.33 feet to the point of beginning. PARCEL 7 All that tract or parcel of land lying and being in land Lot Number 88 of the 8th District and 5th Section of Haralson County, Georgia, designated as Tract 2 of a plat entitled `Property Survey for Waters Nuco, Inc.' by Crawford-Williams Associates, Inc., certified by Douglas C. Crawford, Registered Land Surveyor Number 1833, dated December 23, 1977, and recorded in Plat Book 7, Page 69, in the office of the Clerk, Superior Court, Haralson County, Georgia, said tract being described by metes and bounds as follows: BEGINNING at a right of way marker where the east boundary is intersected by the north boundary of Interstate 20 as shown on said plat and on the land and from thence running along the east boundary of Highway 100 north 04 degrees 32 minutes 52 seconds east, 1,030.15 feet to an iron pin at the south boundary of Earl Cauthen property; thence north 89 degrees 16 minutes 32 seconds east, 893.50 feet to an iron pin and continuing on that course 16.93 feet to an iron pin in the east boundary of Land Lot Number 88, said District; thence south 00 degrees 04 minutes 23 seconds west, 1,077.32 feet to a right of way marker in the north boundary of Interstate 20 where that right of way is intersected by the east boundary of Land Lot Number 88 of the 8th District; thence along the northerly right of way of Interstate 20 the following courses and distances: South 74 degrees 15 minutes 16 seconds west, 182.95 feet; south 87 degrees 50 minutes 01 seconds west on a chord for a distance of 214.70 feet; north 85 degrees 34 minutes 15 seconds west, 490.76 feet and then north 62 degrees 02 minutes 26 seconds west, 123.35 feet to the point of beginning. PARCEL 8 All that tract or parcel of land lying and being in Land Lot Number 89 in the 8th District and 5th Section of Haralson County, Georgia, and being more fully described as follows, to-wit:

Page 4774

BEGINNING at an iron pin on the westerly right of way line of State Route Number 100, and which said point is southerly, and along said right of way line, 701.09 feet from its intersection with the southerly right of way line of Interstate 20; run thence south 09 degrees 05 minutes 33 seconds west, and along the westerly right of way line of State Route Number 100, 420.00 feet to an iron pin; run thence north 83 degrees 31 minutes 12 seconds west, 326.24 feet to an iron pin; run thence north 09 degrees 05 minutes 33 seconds east, 421.43 feet to an iron pin; run thence south 83 degrees 16 minutes 08 seconds east, 326.24 feet to an iron pin and the point of beginning. Said tract or parcel of land being shown as 3.15 acres on a plat of survey entitled `Survey for William E. Bridges,' dated December 28, 1989, by David E. Rowell, County Land Surveyor, same being of reference at Plat Book 16, Page 125, Clerk's Office, Haralson Superior Court, reference to the same being hereby made for a more full and complete description of the above property. 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 1990 Session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, approved April 15, 1976, (Ga. L. 1976, p. 4262), so as to change the corporate limits of the City; to annex certain territory into the City; to provide for related matters; and for other purposes. This the 22 day of February, 1990. /s/ William E. Bridges Mayor, City of Tallapoosa, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on

Page 4775

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 22, 1990. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Lounell R. Jones Notary Public, Rockdale County, Georgia My Commission Expires March 18, 1990 (SEAL) Approved March 28, 1990. CITY OF FAYETTEVILLE MAYOR; COUNCILMEN; ELECTION; TERMS; POSTS. No. 1027 (House Bill No. 2020). AN ACT To amend an Act creating a new charter for the City of Fayetteville, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Fayetteville, approved March 4, 1970 (Ga. L. 1970, p. 2243), as

Page 4776

amended, is amended by striking the first paragraph of Section 2.03 and inserting in its place a new first paragraph to read as follows: The councilmen positions upon the city council shall continue to be designated as Councilman, Post No. 1, Councilman, Post No. 2, Councilman, Post No. 3, Councilman, Post No. 4, and Councilman, Post No. 5. A candidate for any position as councilman shall at the time of qualifying designate by post number the position that candidate is seeking. A candidate for mayor shall at the time of qualifying designate that such candidate is seeking the office of mayor. The candidate for mayor and the candidate for each post who receive a majority of the votes cast for the respective office shall be elected thereto. Section 2. Said Act is further amended by striking Section 2.04 thereof and inserting in its place a new section to read as follows: Section 2.04. Terms of office. (a) Those persons serving as mayor or as councilmen from Post No. 1 and Post No. 2 immediately prior to the date this section becomes effective shall serve out their terms of office, which expire the day before the first Monday in August, 1990, and upon the election and qualification of their respective successors. Those successors shall be elected at the regular municipal election on the second Wednesday in July, 1990, shall take office the first Monday in August, 1990, and shall serve for terms of office which expire December 31, 1992, and upon the election and qualification of their respective successors. After January 1, 1992, successors to the mayor and to the councilmen from Post No. 1 and Post No. 2 whose terms of office are to expire shall be elected at the regular municipal election in November immediately prior to such expiration of terms and shall take office the first day of January immediately following such election for terms of office of two years each and until their respective successors are elected and qualified. (b) Those persons serving as councilmen from Post No. 3, Post No. 4, and Post No. 5 immediately prior to the date this Section becomes effective shall serve out their terms of office, which expire the day before the first Monday in August, 1991, and upon the election and qualification of their respective successors. Those successors shall be elected at the regular

Page 4777

municipal election on the second Wednesday in July, 1991, shall take office the first Monday in August, 1991, and shall serve for terms of office which expire December 31, 1993, and upon the election and qualification of their respective successors. After January 1, 1993, successors to the councilmen from Post No. 3, Post No. 4, and Post No. 5 whose terms of office are to expire shall be elected at the regular municipal election in November immediately prior to such expiration of terms and shall take office the first day of January immediately following that election for terms of office of two years each and until their respective successors are elected and qualified. Section 3. Said Act is further amended by striking Section 5.01 and inserting in its place a new section to read as follows: Section 5.01. Regular Elections. Time for holding and taking office. The regular municipal election for mayor and councilmen, or councilmen, shall be held on the second Wednesday of July of each year. Officials elected at any regular municipal election shall take office on the first Monday in August, next following such election. Notwithstanding the preceding provisions of this section, after January 1, 1992, the regular municipal election shall be held on Tuesday next following the first Monday in November of each year and persons elected at such election shall take office the first day of January following that election. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill, pursuant to O.C.G.A. Sec. 21-3-64, to amend an Act establishing a charter for the City of Fayetteville, approved 1970 (Ga. L. 1970, p. 2243) as amended, to provide for the terms of Mayor and City Council; and for other purposes.

Page 4778

This the 16th day of February, 1990. Mayor and Council of the City of Fayetteville, Georgia By: David P. Winkle City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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 22, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CHATTOOGA COUNTY HOSPITAL AUTHORITYMEMBERS; VACANCIES. No. 1028 (House Bill No. 1714). AN ACT To amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital

Page 4779

Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), so as to change the method of filling such vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), is amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The governing authority of Chattooga County shall appoint three members of the Chattooga County Hospital Authority and the grand jury of Chattooga County shall appoint the remaining four members. No term of office of any member of the authority shall be shortened and the distribution of appointments between the county governing authority and the county grand jury shall be phased in, as provided in this Act, as regular terms of office expire on June 30 of any year. (b) For the purpose of distributions of appointments as provided in subsection (a) of this section, the positions on the authority shall be designated positions 1 through 7. The county grand jury shall appoint members for the four odd-numbered positions and the county governing authority shall appoint members for the three even-numbered positions. The first vacancy which occurs after June 30, 1990, shall be for position 2 and the next vacancy shall be for position 3. Thereafter, vacancies shall alternate in numbered sequence as they occur between even and odd-numbered positions so that the appointing authority shall alternate between the county governing authority and the county grand jury for every other vacancy. (c) (1) Appointments by the county grand jury shall be filled by a person selected by the grand jury for the August term next preceding the occurrence of the vacancy. The county grand jury shall make appointments from nominees selected as follows:

Page 4780

(A) The Chattooga County Hospital Authority shall select three candidates for each such vacancy; (B) The chairman of the hospital authority shall furnish the names of the three nominees to the foreman of the grand jury; and (C) The grand jury shall then select the person to fill the vacancy from among the names submitted to the grand jury. (2) If the grand jury rejects all three nominees submitted under paragraph (1) of this subsection, the same process shall be followed for an additional three nominess, and the grand jury shall be required to fill the vacancy from the two lists of nominees. (d) In the event the county grand jury, for any reason, fails to fill a vacancy as provided in subsection (c) of this section, the next succeeding grand jury shall fill the vacancy under the same procedures provided for in said subsection (c) 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 given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), so as to change the method of filling such vacancies; and for other purposes. This 30th day of January, 1990. Honorable John G. Crawford, Representative, 5th District

Page 4781

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following date: February 1, 1990. /s/ John G. Crawford Representative, 5th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. MCINTOSH COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 1029 (House Bill No. 1718). AN ACT To provide for the appointment of the county school superintendent of McIntosh County by the board of education of McIntosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4782

Section 1. (a) The county school superintendent of McIntosh County who is serving in such office on the effective date of this Act shall continue to serve out the term of office to which he was elected. The successor to said officer and all future successors shall be appointed as provided in this Act. (b) On and after January 1, 1993, the county school superintendent of McIntosh County shall be appointed by the board of education of McIntosh County to serve at the pleasure of the board. (c) All constitutional and statutory provisions relative to county school superintendents shall be applicable to a county school superintendent appointed by the board of education of McIntosh County pursuant to this Act. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McIntosh County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of McIntosh County for approval or rejection. The election superintendent shall conduct that election on the same day as the general election to be held 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 McIntosh County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the county school superintendent of McIntosh County by the board of education of McIntosh County be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect 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 4783

The expense of such election shall be borne by McIntosh 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 1990 session of the General Assembly of Georgia a bill to provide for the appointment of the school superintendent of McIntosh County by the board of education of McIntosh County; to provide for a referendum; and for other purposes. This 1 day of February, 1990. 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 Darien News which is the official organ of McIntosh County, on the following date: February 1, 1990. /s/ Willou Smith Representative, 156th District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 28, 1990.

Page 4784

CITY OF DALLAS CORPORATE LIMITS. No. 1030 (House Bill No. 1772). AN ACT To amend an Act providing a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), so as to expand 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 Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), is amended by adding at the end of Section 1.12, relating to the corporate boundaries, a new subsection (c) to read as follows: (c) On and after the effective date of this subsection, the corporate limits of the City of Dallas shall include the following described rights of way: A. Georgia Highway 6 from its junction with the Dallas West City limits west to its junction with Paulding County Road No. 116 (Mt. Olivet Road). B. Georgia Highway 381 from its junction with the Dallas East City limits east to a point 100 feet east of its junction with Paulding County Road No. 401 (Industrial Blvd.). C. Georgia Highway 120 from its junction with the Dallas West City limits west to its junction with Paulding County Road No. 242 (West Av.). D. A portion of the new Dallas By-Pass (the new Ga. Hwy. 6) from its junction with the Dallas West City Limits north and west to its junction with the current Ga. Hwy. 6. E. A portion of the new Dallas By-Pass (the new Ga. Hwy. 6) from its junction with the Dallas East City Limits east to its junction with Paris Road.

Page 4785

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 1990 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), so as to expand the corporate limits of the city; and for other purposes. This 26th day of January, 1990. Honorable L. Charles Watts, Representative, 41st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: February 1, 1990. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 1st day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4786

CITY OF COHUTTA CORPORATE LIMITS; CONSOLIDATION. No. 1031 (House Bill No. 1777). AN ACT To amend an Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. L. 1969, p. 2529), as amended, particularly by an Act approved January 23, 1980 (Ga. L. 1980, p. 4122), so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description; 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 Cohutta, approved April 10, 1969 (Ga. L. 1969, p. 2529), as amended, particularly by an Act approved January 23, 1980 (Ga. L. 1980, p. 4122), is amended by striking Section 1.03 in its entirety and inserting in lieu thereof a new Section 1.03 to read as follows: Section 1.03. City Limits. Be it further enacted, that the boundaries of the city shall be as follows: Those certain tracts or parcels of land lying and being in land lots nos. 24, 25, 47, 48, 60, 61, 62, 63, 82, 83, 84, 85, 96, 98, 99, 117, 118, 119, 121, 136, 137, and 139 in the 11th district and 3rd section of Whitfield County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of said land lot no. 83; thence north along the east line of said land lot to the southwest corner of the property formerly owned by James F. Bevil, Jr.; thence east to the southeast corner of the property formerly owned by James F. Bevil, Jr.; thence north along the east line of the property of Swift and Martin to the north line of said land lot no. 84; thence east along the north line of said land lot no. 84 for a distance of 1, 460 feet; thence south to the south line of said land lot no. 84; continuing south 100 feet, more or less, to the south

Page 4787

boundary of Mt. Olivet Cemetary; thence east parallel along the south line of said land lot nos. 84 and 85 to a point 350 feet west of the west right-of-way line of Georgia Highway No. 71; thence south parallel to the west right-of-way of Georgia Highway 71 for a distance of 2,600 feet, more or less, to the south line of said land lot no. 96; thence easterly to the southwest corner of the property of Odell Riddle; thence along the south property line of Odell Riddle to the west right-of-way of Georgia Highway 71; thence south 375 feet, more or less, along the west right-of-way of Georgia Highway 71; to a point directly west of the south property line of David and Sheila Rose; thence east to the southwest corner of the property of David and Sheila Rose; thence east along the south property line of David and Sheila Rose 350 feet from the east right-of-way of Georgia Highway 71; thence north parallel to Georgia Highway 71, 550 feet, more or less, to the southeast corner of the property of Connie Reed Manis; thence north along the east property line of said property to the northeast corner; thence west 200 feet, more or less, along the north property line of Connie Reed Manis to a point 350 feet east of the east right-of-way of Georgia Highway 71; thence north parallel to the east right-of-way of Georgia Highway 71 5,120 feet, more or less to the northeast corner of the property of Ben Manis on Old Dalton-Cleveland Road; thence east along the south right-of-way of Old Dalton Cleveland Road 775 feet, more or less, to the southwest corner of said land no. 59; thence north along said land no. 59, 940 feet, more or less, to the south property line of the Seaton property; thence west 950 feet, more or less, to the east right-of-way of Georgia Highway 71; thence westerly, crossing Georgia Highway 71, 1,975 feet, more or less, to the southwest corner of the property of Mrs. H. S. Manis; thence north along the west line of said land lot no. 60, 1,440 feet, more or less, to the northwest corner of said land lot no. 60; thence north along the west line of land lot nos. 49 and 24, 3,625 feet, more or less, to the northeast corner of the Cohutta Fish Hatchery property; thence westwardly to the east right-of-way of Southern Railway Company; thence northwardly along the east right-of-way line of Southern Railway Company 600 feet; thence west crossing said railway to the northwest corner of the property of Leo J. Whaley; thence south to the southwest corner of said land lot no. 25; thence

Page 4788

west along the north line of land lot no. 47 to the west right-of-way line of Southern Railway Company; thence southwardly along the west right-of-way of Southern Railway Company to a point 200 feet north of the property of the Ed Barrett Estate; thence west to the west right-of-way line of Cohutta-Apison Road; thence south 2,900 feet, more or less, to the southwest corner of the property of Richard L. Williams at the Shugart line; thence west to the northeast corner of the property of Bill Henson; thence continuing west to the northwest corner of the Henson property on the west line of land lot no. 62; thence continuing west 810 feet, more or less, to the north right-of-way line of Cohutta-Chattanooga Road; thence south at a 90 degree angle 1,320 feet; thence east 810 feet to the west line of land lot no. 83; thence south to the southwest corner of land lot no. 83; thence southwestwardly to the southwest corner of said land lot no. 99; thence west along the north line of land lot no. 117 to the west right-of-way of Standifer Road; thence southwardly along the west right-of-way of Standifer Road 1,870 feet, more or less, to the northeast property line of Don and Peggy Henderson; thence southwest to the northeast property line of Don and Peggy Henderson; thence southeasterly to the southwest property line of Don and Peggy Henderson; thence southwest to the southwest corner or land lot no. 117; thence west along the north line of land lot no. 137 425 feet; thence south 710, more or less, to a point 250 feet north of the south property line of C. E. Henderson; thence east parallel to the south property line of C. E. Henderson 825 feet, more or less, to the east right-of-way of Cohutta-Varnell Road; thence north along said right-of-way 2,000 feet, more or less to a point 125 feet south of Standifer Road; thence east intersecting a point on the west line of land lot no. 118, 840 north of the southwest corner of land lot no. 118; continuing in a straight line through the properties of Keys, Cross, Maeger, and Carmichael to a point 925 feet, more or less, north of the south line of land lot no. 118 at the west right-of-way of Wheeler Dam Road; thence south along the west right-of-way of Wheeler Dam Road 925 feet, more or less, to the south line of land lot no. 118; thence east along the south line of land lot no. 119 to the southeast corner of the property now or formerly owned by Dalton Utilities; thence north along the east property line of property now or

Page 4789

formerly owned by Dalton Utilities to the northeast corner of said property; then in a northeastwardly direction to the southeast corner of land lot no. 83, the point of beginning. 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 1990 session of the General Assembly of Georgia a bill to amend an act incorporating the TOWN OF COHUTTA approved April 10, 1969 (Georgia HB 645, Act 237) for the purpose of codifying annexations and redefining the corporate limits of Cohutta. This 26th day of January, 1990. Honorable JUDY POAG REPRESENTATIVE 3RD DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles N. 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 Citizen-News which is the official organ of Whitfield County, on the following date: January 26, 1990. /s/ Charles (Judy) Poag Representative, 3rd District

Page 4790

Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF STONE MOUNTAIN NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 1032 (House Bill No. 1812). AN ACT To provide a new charter for the City of Stone Mountain; 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 an effective date;

Page 4791

to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Stone Mountain in DeKalb 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 Stone Mountain. References in this charter to the city or this city refer to the City of Stone Mountain. The city shall have perpetual existence. Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Stone Mountain, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:

Page 4792

(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose 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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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;

Page 4793

(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;

Page 4794

(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, 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; (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

Page 4795

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 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

Page 4796

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; (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

Page 4797

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; (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;

Page 4798

(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 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. (42) Be it further enacted, that the said mayor and council shall have the full power and authority to enact all laws and ordinances to require any railroad, or streetrailroad company which may hereafter have tracks running in, along, across, or through the streets, alleys, or ways of

Page 4799

said city, so improved, to macadamize or otherwise pave and improve, as the mayor and concil may direct, the width of their tracks, and two feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and concil may direct, and the mayor and concil shall have the power and authorit to enforce the provisions of this section by proper ordinances. (43) Be it further enacted, that the mayor and council of said city shall have full power and authority, by ordinances, to regulate and to prescribe the speed of railroad trains running within the limits of the said city, to require all railroad companies to station watchmen at street crossings; to require all trains running across or in and along any street to be preceded by a flagman, to make it a penal offense for any railroad company, its agents, or employees to block or obstruct any street crossing with railroad trains, cars, or engines any longer than is necessary for said trains, cars, or engines to pass over said crossings; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public, and to provide a penalty for the violation of any of the provisions of this section. Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. Section 1.14. All powers enumerated herein or otherwise vested in the city may be exercised by the city, in conjunction with other governmental entities, or through delegation to others by virtue of contractual agreement unless otherwise restricted or prohibited by law.

Page 4800

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the

Page 4801

term of office to which they were elected and until their successors are elected and qualified. (d) Beginning with the initial elections held under this charter in 1990, regular elections shall be held on the Tuesday next following the first Monday in November. On that day annually thereafter, there shall be an election for successors to the councilmembers and mayor, if applicable, whose terms will expire the following January. The terms of office shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14. Election by plurality. Persons receiving the highest number of the votes cast for either the mayor or councilmember shall be elected.

Page 4802

Section 2.15. Compensation and expenses. (a) Until changed as provided in subsection (b), the mayor and councilmembers shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter. (b) The compensation of the mayor and councilmembers may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 or any similar law hereafter enacted. (c) The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office as approved by the city council. Section 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate

Page 4803

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 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.

Page 4804

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 who shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

Page 4805

(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings which shall be a public record. (b) All executive committees and executive 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. Quorum; voting. (a) Three councilmembers and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote in the election of all municipal officers chosen by the mayor and council but shall not vote on legislative questions and matters before the council except in the case of a tie. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining

Page 4806

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. 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 Stone Mountain hereby ordains... and every ordinance shall so begin. Prior to submission of any ordinance for consideration by the mayor and city council, the same shall be submitted to the city attorney and be approved by him as to form and to ensure such ordinance is not covered by, or in conflict with, any law of general application or other city ordinance. (b) An ordinance may be introduced by any councilmember and read at any 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. (e) All proposed ordinances shall be submitted to the mayor and city council for consideration prior to passage thereof and may not be passed upon by the council until its next regular or specially called meeting following the regular or special meeting in which such ordinance is first introduced. This requirement may be waived by unanimous vote of a quorum of the city council present and voting at any meeting. Section 3.17. Ordinances. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance. Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may

Page 4807

convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. (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 may 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

Page 4808

specify. This compilation shall be known and cited officially as The Code of the City of Stone Mountain, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21. Chief executive officer. 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. As chief executive, the mayor shall be responsible for the day to day operations of the city and all of its departments and, except as provided herein, all employees shall report to and serve at the pleasure of the mayor. City department heads shall be appointed by the mayor with the advice and consent of the city council. Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws, ordinances, resolutions, and rules of the city are faithfully executed; (2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board, but shall not vote on any question except in the case of a tie;

Page 4809

(3) Sign all deeds and contracts, except deeds for property sold under execution at public sale as defined by statute; (4) Cosign, along with an individual so designated by majority vote of the city council, all checks for the payment of money, after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city; (5) Be clothed with veto power as hereinafter set out; (6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and (7) Call the council together at any time when deemed necessary by him or her. 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 four days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting when a quorum shall be present and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of a majority of the quorum then present, it shall become law.

Page 4810

(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 city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers.

Page 4811

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 majority 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

Page 4812

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. (a) The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; shall approve as to form all contracts and ordinances; 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 that he or she cannot adequately or properly represent the city, he or she shall so inform the city council and the city council shall be authorized to hire another attorney to represent the city in the matter in which the city attorney has disqualified himself or herself. Section 4.13. City clerk. The city council shall appoint a city clerk who may be a councilmember. The city clerk shall be custodian of the official city seal and ex officio clerk of the municipal court of the City of Stone Mountain, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city may appoint an assistant city clerk who shall serve in the absence of the city clerk or perform such duties as he or she may be directed. Section 4.14. City treasurer. The city council 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 4.16 of this Act, the city council 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.

Page 4813

Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.16. City manager. The mayor and council, acting in their sole discretion, are authorized to create the position of city manager and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the city manager. Section 4.17. City marshal. The chief of police shall serve as ex officio city marshal. 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 Stone Mountain. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.

Page 4814

(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 four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. 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 $100.00 or 15 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 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, including the right to punish by forced labor on the city streets and property not to exceed 90 days. (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

Page 4815

violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Page 4816

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. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who

Page 4817

transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. 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.

Page 4818

Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23. Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.

Page 4819

(b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council. Section 6.24. 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 6.25. 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 6.26. 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.

Page 4820

Section 6.27. 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 minutes of proceedings. Section 6.28. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.29. 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.

Page 4821

ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Effective date. This Act shall become effective on July 1, 1990. Section 7.15. Specific repealer. An Act incorporating the City of Stone Mountain, in DeKalb County, approved August 21, 1929 (Ga. L. 1929, p. 1309), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.16. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Page 4822

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to repeal an Act creating a charter for the City of Stone Mountain, approved August 21, 1929 (Ga. L. 1929, p. 1309), as amended, and to provide for an Act to reincorporate and provide a new charter for the City of Stone Mountain, DeKalb County, Georgia; to provide for the corporate limits of the city and the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs, for the municipal court of the city, for elections for city offices, for taxation by the city, and for the financial management of the city; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 21st day of December, 1989. Honorable Tommy Tolbert Representative 58th District PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State Gerald Wm. Crane Co-publisher of Decatur-DeKalb New/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-Charter for City of Stone Mountain a true copy on which is hereto annexed, was published in said newspaper in its issue of the 21st day of December, 1989. /s/ Gerald W. Crane Co-Publisher (by)/s/ Linda L. Orr Agent

Page 4823

Sworn to and subscribed before me this 21st day of December 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My commission expires Jan. 1, 1990. (SEAL) Approved March 28, 1990. CITY OF SANDERSVILLE NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 1033 (House Bill No. 1839). AN ACT To provide a new charter for the City of Sandersville, Georgia; 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, posts, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization, meetings, 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 departments, boards, commissions, and authorities; to provide for a city attorney, a city clerk, a tax collector, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for selection, qualifications, compensation, oath, and removal of those judges; to provide for court powers, practices, and procedures; to provide for taxation, licenses, 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 procurement and disposition of property; to provide for bonds for officials; to

Page 4824

provide for eminent domain; to provide for pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act and amendments thereto; 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 Sandersville, Georgia, in the County of Washington, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Sandersville, Georgia. Under that name the city shall be and continue to be vested with all of the property and rights of property, real and personal, which now belong to the corporation; shall have perpetual succession; may bring and defend actions; may contract and be contracted with; and may have a common seal and alter and renew the same at will. This Act shall constitute the whole charter of the City of Sandersville, Georgia. References in this charter to the city or this city refer to the City of Sandersville. The city shall have perpetual existence. Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Sandersville, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city

Page 4825

shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose 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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and airconditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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

Page 4826

revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;

Page 4827

(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 municipal 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; (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;

Page 4828

(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 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

Page 4829

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; (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;

Page 4830

(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; (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;

Page 4831

(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 fortune-telling, 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 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

Page 4832

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 councilmembers. The mayor and five councilmembers shall be the successors to the mayor and five aldermen provided for in the city charter repealed by this charter. (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 and, in the case of candidates for councilmembers posts 1 through 4, a resident of the post described in subsection (f) of Section 2.11 which the candidate seeks to represent immediately prior to the date of the election. Each person elected as mayor or councilmember shall continue to reside within the city and, for councilmember posts 1 through 4, in the post described in subsection (f) of Section 2.11 which that member represents, 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

Page 4833

the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and aldermen who are in office immediately prior to the effective date of this charter shall serve until the expiration of the terms of office to which they were elected, which shall expire December 31, 1991, and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Sandersville shall consist of five councilmember posts described in subsection (f) of this section. Each person seeking election as a member of the council shall designate the post for which he seeks election. The first councilmembers elected from numbered councilmember posts under this charter shall succeed to those aldermen in correspondingly numbered aldermanic posts whose terms of office expire as provided in subsection (c) of this section. (e) On the Tuesday next following the first Monday in November, 1991, and on that day each four years thereafter, there shall be elected a mayor and five councilmembers. Persons so elected shall take office the first day of January following their election and serve for terms of office of four years each and until their respective successors are elected and qualified.

Page 4834

(f) For the purpose of electing members of the council, the city is divided into four posts as follows: (1) Post 1. Beginning at a point where the City of Sandersville city limits intersects Georgia Route 242 also known as Riddleville Road with said beginning point being on the center line of State Route 242 also known as the Riddleville Road and proceeding in a northwesterly direction down the center line of the Riddleville Road until it intersects with East Church Street. Proceeding down the centerline of East Church until East Church Street intersects South Smith Street and then proceeding in a southerly direction down South Smith Street along the center line of South Smith until said line intersects with Georgia State Route 15, also known as South Harris Street. Proceeding along the center line of Georgia Highway 15 in a northerly direction until you reach Newman Street and then proceed west on Newman Street along the center line of Newman Street until Newman Street meets Baker Street and proceeding along the center line of Baker Street in a southwesterly direction until you reach Spring Street and then proceeding along the center line of Spring Street in a northerly direction until you reach Hall Street and then proceeding in a westerly direction along the center line of Hall Street until you reach Lovett Street and proceeding north on Lovett Street along the center line until it intersects with Floyd Street and proceeding in an easterly direction along Floyd Street until you reach Martin Street and then moving in a northerly direction down the center line of Martin Street until you reach Georgia State Route 24 also known as West Church Street and proceeding in an easterly direction along the center line of West Church Street until you reach Brookins Street and then proceeding in a northerly direction along the center line of Brookins Street until you reach West Haynes Street and proceeding in a westerly direction along the center line of West Haynes Street until you reach Warthen Street and then proceeding in a northerly direction along the center line of Warthen Street until you reach Jernigan Street and then proceeding in an easterly direction along the center line of Jernigan Street until you reach Georgia Highway 15 also known as North Harris Street and then proceeding in a southerly direction along the center line of State Route 15 also known as North Harris Street until you reach Gilmore Street and proceeding along the center line of Gilmore Street in an

Page 4835

easterly direction until you reach North Smith Street. Then proceeding along the center line of North Smith Street in a northerly direction until you reach Hines Street and then proceeding along the center line of Hines Street in an easterly direction until you reach Poplar Street and then turning in a northerly direction along the center line of Poplar and proceeding in a northerly direction until you reach Georgia State Route 24 also known as East McCarty Street and proceeding along the center line of East McCarty Street also known as Georgia State Route 24 in an easterly direction until you reach the Sandersville city limits and then proceeding in a southerly and southwesterly direction along the city limits of Sandersville until you reach the point of beginning. (2) Post 2. Beginning at a point in the center line of Georgia State Route 24 also known as West Church Street where said point intersects with the center line of Beck Blvd. and proceeding in a southerly direction along the center line of Beck Blvd. until you reach a large ditch and then proceeding in a southeasterly direction along the center line of said ditch until the northernmost fork of said ditch intersects with Tenille Avenue and then going along the center line of Tenille Avenue in a northerly direction until you reach the intersection with Baker Street and proceeding in a southwesterly direction along the center line of Baker Street until it intersects Spring Street and proceeding in a northerly direction along Spring Street until you intersect Hall Street and proceeding in a westerly direction along the center line of Hall Street until you reach Lovett Street and proceeding in a northerly direction along the center line of Lovett Street until you reach Floyd Street and proceeding in an easterly direction along the center line of Floyd Street until you reach Martin Street and proceeding in a northerly direction along Martin Street to Georgia State Route 24 also known as West Church Street. Proceeding westerly along the center line of Georgia State Route 24 also known as West Church Street until you reach the point of beginning. (3) Post 3. Beginning where the city limits of Sandersville intersect with West Haynes Street and proceeding along the center line of West Haynes Street in a southeasterly direction until you reach Ridgeland Drive and proceeding along the center line of Ridgeland Drive in a northeasterly direction until

Page 4836

you intersect Warthen Street and proceeding along the center line of Warthen Street in a northerly direction until you intersect West McCarty Street and proceeding easterly along West McCarty Street until you intersect Georgia State Route 15 also known as North Harris Street. Proceeding in a southerly direction along North Harris Street until you intersect with Jernigan Street and proceeding in a westerly direction along Jernigan Street until you intersect with Warthen Street and proceeding along the center line of Warthen Street in a southerly direction until you intersect with West Haynes Street and proceeding in an easterly direction along West Haynes Street until you intersect with Brookins Street and proceeding along the center line of Brookins Street in a southerly direction until you reach Georgia State Route 24 also known as West Church Street and proceeding along the center line of West Church Street in a westerly direction until you intersect with Beck Blvd. and proceeding in a southerly direction along Beck Blvd. until you reach a large ditch. Proceeding along the center thread of said ditch in a southeasterly direction until the northernmost fork of said ditch reaches Tenille Avenue and proceeding along the center line of Tenille Avenue in a northerly direction until you intersect with Newman Street and proceeding in an easterly direction along the center line of Newman Street until you reach Georgia State Route 15 also known as South Harris Street. Proceeding in a southerly direction along Georgia State Route 15 also known as South Harris Street until you reach the intersection with South Smith Street and proceeding in a northerly direction along the center line of South Smith Street until you reach the intersection with East Church Street and proceeding along the center line of East Church Street in a southeasterly direction until you intersect with Georgia State Route 242 also known as Riddleville Road and proceeding along the center line of Georgia State Route 242 also known as the Riddleville Road until you intersect with the Sandersville city limits and proceeding in a southwesterly direction along the city limits of Sandersville crossing over where the present City of Sandersville city limits intersect with Georgia State Route 15 also known as South Harris Street and continuing along the city limits of Sandersville in a northwesterly direction until you reach Georgia State Route 24 also known as West Church Street and proceeding west along the center line of Georgia State Route 24 also known as West Church Street until you reach the city limits of Sandersville

Page 4837

and proceeding in a northerly direction along the city limits line of the City of Sandersville and proceeding east along the city limits line of the City of Sandersville and proceeding northerly along the city limits line of the City of Sandersville until you intersect with West Haynes Street and the point of beginning. (4) Post 4. Beginning at the intersection of the city limits line of the City of Sandersville and West Haynes Street and proceeding along the center line of West Haynes in a southeasterly direction until you reach Ridgeland Drive and proceeding along the center line of Ridgeland Drive in an easterly direction until you reach the intersection of Warthen Street. Proceeding in a northerly direction along the center line of Warthen Street until you reach West McCarty Street and proceeding southeasterly along the center line of West McCarty Street until you intersect with the center line of Georgia State Route 15 also known as North Harris Street and proceeding in a southerly direction along the center line of Georgia State Route 15 also known as North Harris Street until you reach Gilmore Street. Proceeding along the center line of Gilmore Street in an easterly direction until you intersect with the center line of North Smith Street and proceeding North along the center line of North Smith Street until you reach Hines Street and proceeding in an easterly direction along the center line of Hines Street until you reach Poplar Drive and proceeding in a northerly direction along the center line of Poplar Drive until you reach Georgia State Route 24 also known as East McCarty Street and proceeding in an easterly direction along the center line of Georgia State Route 24 also known as East McCarty Street until you reach the intersection of the Sandersville city limits and then proceeding along the city limits line of Sandersville until you reach Georgia State Route 88 and proceeding along the city limits lines of Sandersville and turning in a northwesterly direction along the city limits lines of Sandersville and proceeding in a southerly direction along the city limits of Sandersville and proceeding in a northwesterly direction along the city limits of the City of Sandersville crossing over Georgia State Route 15 and proceeding in a westerly direction and then proceeding in a southwesterly direction crossing over the Linton Road and proceeding along the city limits lines of Sandersville in a southwesterly direction to a point of beginning.

Page 4838

(5) Post 5. All that territory lying within the corporate limits of the city. Any part of the City of Sandersville which is not included in Posts 1 through 4, as described in paragraphs (1) through (4) of this subsection, shall be included within that post, other than Post 5, contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia, or any future such census. Section 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. (c) In the event the office of councilmember from Post 5 becomes vacant, whether by death, resignation, a person's filling the unexpired term of mayor, or any other cause, the remaining councilmembers shall elect from their membership a person meeting the requirements of office of councilmember from Post 5 to serve out the unexpired term and until a successor is elected and qualified.

Page 4839

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. No person shall be elected to the office of mayor or councilmember from Post 5 unless that person has received a majority of the votes cast in the entire city for that office. No person shall be elected to the office of councilmember from Post 1, 2, 3, or 4 unless that person has received a plurality of the votes cast for that office from voters voting only in that post and not at large. 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. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.16. 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 judgement or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;

Page 4840

(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 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.

Page 4841

(e) Except as authorized by law, neither the mayor nor any member of the council shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor or former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which the person was elected. (f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any elective city office. (g) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.17. 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 any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or

Page 4842

(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 majority vote of the full council after an investigative hearing, with the officer to be removed not voting. 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 Washington 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 Washington County following a hearing on a complaint seeking such removal brought by any resident of the City of Sandersville. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10. General power and authority. (a) 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. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules, and regulations not inconsistent with this charter or the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, and protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this city. The council may enforce such ordinances by imposing penalties for the violation thereof.

Page 4843

Section 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting on the first day of January following the regular municipal 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) The mayor pro tempore shall be the councilmember elected from post 5. 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 of the mayor shall be declared by a majority vote of the city council. In the event of a vacancy in the office of mayor during the last six months of the mayor's term of office, the mayor pro tempore shall serve as mayor for the unexpired term and until a successor is elected and qualified. In the event of a vacancy in the office of mayor except during the last six months of the mayor's term of office, the mayor pro tempore shall serve as mayor until a successor is elected at a special election as provided in subsection (b) of Section 2.12 and is qualified. 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 of the mayor pro tempore shall be declared by majority vote of the city council. Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

Page 4844

(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time within the mayor's discretion. Section 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers in addition to the presiding officer 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 a majority of councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. The mayor, or mayor pro tempore, if presiding, shall be entitled to vote only in the case of a tie, except that the mayor or mayor pro tempore, if presiding, shall be entitled to vote on all appointments.

Page 4845

(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 Sandersville 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 in the event a second reading of the ordinance is waived based on a vote and passage by the council and 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. In addition to other acts required by general state law or by specific provision of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting

Page 4846

clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3.20. Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and 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 Sandersville, Georgia.

Page 4847

Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. 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 all officers 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) Call special meetings of the city council as provided for in Section 3.13; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government,

Page 4848

and promotion of the welfare of its inhabitants as he may deem expedient; (6) Approve or disapprove ordinances as provided in Section 3.23; (7) Require any department or agency of the city to submit written reports whenever he deems it expedient; and (8) 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 promptly by the city clerk to the mayor. (b) The mayor shall within three calendar 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 at 12:00 Noon on the third 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. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next regular meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of four of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided 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.

Page 4849

Section 3.24. City administrator. The city council may by ordinance establish the office of city administrator and may assign to the city administrator such executive and administrative duties as prescribed by Section 3.22 of this charter. Such administrator shall be appointed by and shall serve at the pleasure of the city council. 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 superintendents 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 superintendent of each department or agency who shall be its principal officer. Each superintendent 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 superintendents shall be appointed by the city council on an annual basis. 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

Page 4850

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 a majority of members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12. City attorney. The city council shall appoint a city attorney annually, together with such assistant city attorney as may be authorized, who shall be members of the State Bar of Georgia. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing

Page 4851

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 and any assistant city attorney. Section 4.13. City clerk. The city council shall annually appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Section 4.14. Tax collector. The city council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

Page 4852

(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.16. Consolidation of functions. The city council may consolidate the positions of city clerk and city tax collector or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other position. 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 Sandersville. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council annually. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.

Page 4853

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 $100.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both 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. 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.

Page 4854

(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Washington 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.

Page 4855

ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

Page 4856

Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Service 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. Special assessments. 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

Page 4857

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. 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. 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 unless otherwise provided by general state or federal law. 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. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. For purposes of those budget and audit requirements, the city clerk shall be the budget officer of the city. Section 6.24. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such

Page 4858

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 6.25. Changes in appropriations. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.26. 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. Section 6.27. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.28. Sale of property. (a) The city council may sell and convey any real or personal property, except a public utility, owned or held by the city for governmental or other purposes as now or hereafter provided by law. A public utility held or owned by the city may not be sold or conveyed unless the sale or conveyance is approved by a majority of the qualified voters of the city voting in a special election which shall be called for that purpose.

Page 4859

(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. 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.

Page 4860

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. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be an offense and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 180 days or both such fine and imprisonment. Section 7.15. Repealer. An Act incorporating the City of Sandersville in the County of Washington, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended, is repealed in its entirety. Section 7.16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.17. General repealer. 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 I shall introduce a bill in the 1990 session of the Georgia General Assembly to provide for the adoption of a new Charter for the City of Sandersville which will amend an act providing for a new charter for the City of Sandersville with said act having been approved on February 13, 1941 (Georgia Laws), page 1083 as amended and for other purposes. This 19th day of January, 1990. Jimmy Lord, Representative Washington County, Georgia

Page 4861

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following date: January 25, 1990. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 7th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CLARKE COUNTY STATE COURT; SOLICITOR; SALARY. No. 1034 (House Bill No. 1863). AN ACT To amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4862

Section 1. An Act establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, is amended by deleting in its entirety Section 2C and inserting in lieu thereof a new Section 2C to read as follows: Section 2C. The Solicitor shall be paid an annual salary equal to the sum of 95 percent of the annual salary of a district attorney, as paid by the state, plus 95 percent of the annual amount of any supplement paid by the governing authority of Clarke County to the district attorney of the Western Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Clarke County by the officers of said county authorized to pay out the funds of the county. The salary of the Solicitor shall be an expense of the court. The Solicitor shall not engage in the private practice of law, but shall be a full-time Solicitor. 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 hereby given that local legislation will be introduced in the regular 1990 session of the General Assembly of Georgia to amend an Act establishing a City Court in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1879 (Ga. Laws 1878-1879, p. 291), as amended, so as to provide that the position of solicitor of that Court shall be fulltime; to provide for the compensation of the solicitor and to provide for other matters relating thereto. This 1st day of February, 1990. THE BOARD OF COMMISSIONERS OF CLARKE COUNTY

Page 4863

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: February 1, 1990. /s/ Lawton E. Stephens Representative, 68th District Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF MOULTRIE CORPORATE LIMITS; MAYOR; COUNCILMEMBERS; ELECTIONS; TERMS. No. 1035 (House Bill No. 1871). AN ACT To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, so as to change the corporate limits of said city; to provide for extraterritorial authority over utility systems; to provide for penalties for ordinance violations; to change the manner and time of electing members of the council; to provide for terms; to repeal conflicting laws; and for other purposes.

Page 4864

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, is amended by adding at the end of Section 2 of said Act a paragraph to read as follows: The corporate limits of the City of Moultrie shall not include the area lying within the following boundary lines: Begin at the northeast corner of the present corporate limits of the Town of Riverside and run due north to the south margin of the right-of-way of the Moultrie-Camilla State Highway, thence run in a westerly direction along the south margin of the right-of-way of the Moultrie-Camilla State Highway to its intersection with the present north corporate limits line of the Town of Riverside, thence run in an easterly direction along the present north corporate limits line of the Town of Riverside to the northeast corner of the present corporate limits of the Town of Riverside. Section 2. Said Act is further amended by striking Section 2(a) in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows: Section 2.1. The City of Moultrie shall have all the rights, powers, and authority over the property described in this section that it now has over all property within its city limits, to wit: Okapilco Lift Station and outfall sewer lines, Ochlochnee Lift Station and outfall sewer lines, any utility systems, including water, sewer, gas, and electrical lines, and any other property the City of Moultrie may now or hereafter devote to public purposes. Said City of Moultrie shall have the same authority over said properties not included in the present city limits as it has over all properties now included in the city limits, with the right to pass necessary ordinances for the government of said properties and for trial of all offenders against said ordinances in the municipal court of said city.

Page 4865

Section 3. Said Act is further amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) Except as otherwise provided in this Act, all powers of the city shall be vested in a council of six members. The mayor and councilmembers in office on the effective date of this section shall serve out the terms for which they were elected and until their successors are elected and qualified. (b) For purposes of electing members of the council the City of Moultrie shall be divided into two council districts which shall consist of the territory described in Section 5 of this Act. Elections for members of the council shall be conducted utilizing six posts designated as Post No. 1 through Post No. 6. Candidates to represent and councilmembers representing Posts No. 1 and 2 shall be required to reside within Council District 1 and shall be elected solely by the voters who reside within Council District 1. Candidates to represent and councilmembers representing Posts No. 3 through 6 shall be required to reside within Council District 2 and shall be elected solely by the voters who reside within Council District 2. (c) The mayor shall be elected from the city at large and may reside either within Council District 1 or within Council District 2. (d) As of the effective date of this section, each incumbent named below, or his successor, shall be deemed to represent the post beside which his name is listed: Post No. 1 - Wesley Ball; Post No. 2 - Ernest Everson; Post No. 3 - Wayne Cooper; Post No. 4 - Alton Parrish; Post No. 5 - Donnie Turner; and Post No. 6 - Sherrod McCall.

Page 4866

(e) The regular municipal election shall be held on the fourth Tuesday in May of 1990 and 1991 and, beginning in 1993 and biennially thereafter, on the Tuesday next following the first Monday in November. The positions to be elected in each year and the terms of the officers elected in each year shall be as follows: 1990: Council Posts, 2, 4, and 6 shall be elected for terms to begin July 1, 1990, and to expire December 31, 1993. 1991: The mayor and Council Posts 1, 3, and 5 shall be elected for terms to begin July 1, 1991, and to expire December 31, 1995. 1993: Council Posts 2, 4, and 6 shall be elected for terms of four years, commencing January 1, 1994, and expiring December 31, 1998. 1995: The mayor and Council Posts 1, 3, and 5 shall be elected for terms of four years, commencing January 1, 1996, and expiring December 31, 2000. (f) The terms of the mayor and councilmembers shall begin on the first day of January following their election and the mayor and councilmembers shall serve for the terms set forth in subsection (e) of this section and until their successors are elected and qualified. (g) The election of the mayor and councilmembers shall be by plurality vote and the person receiving the highest number of votes shall be elected without the requirement that a candidate receive a majority of the votes cast in order to be elected. (h) Any vacancy in the office of mayor or councilmember shall continue to be filled as provided in Section 44 of this Act, with the additional requirement that any member selected to fill a vacancy in a council post must be a resident of the council district which that post represents.

Page 4867

Section 4. Said Act is further amended by striking Section 22 of said Act in its entirety and inserting in lieu thereof a new Section 22 to read as follows: Section 22. There shall be a municipal court in said city for the trial of all offenders against the laws or ordinances of said city, to be held by a judge of the municipal court in the city hall of said city as often as may be necessary. The judge shall be a member of the State Bar of Georgia, but it shall not be necessary that he be a resident of the City of Moultrie. In the absence or disqualification of the judge of the municipal court, the mayor and council shall appoint another member of the State Bar of Georgia who resides within Colquitt County to hold said court and, when so appointed, said attorney shall receive compensation for his services to be fixed by the mayor and council of the City of Moultrie. Said court shall have the power to preserve order, to compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding ten days or fine not exceeding $200.00, or both. Said judge shall have full power and authority, upon conviction of any offender against the penal ordinances of the city, to sentence such offender to a fine not to exceed $500.00 or imprisonment for 90 days, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. Either one or more of said penalties may be imposed in the discretion of the judge of the municipal court. Section 5. Said Act is further amended by striking Section 51 of said Act and inserting in lieu thereof a new Section 51 to read as follows: Section 51. Said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinance of said city not hereinbefore provided for and to punish offenses as now or hereafter provided by general law. Section 6. All laws and parts of laws in conflict with this Act are repealed.

Page 4868

NOTICE OF LOCAL BILL Notice is hereby given of intention to apply for passage at the 1990 regular session of the General Assembly of Georgia of a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943, (Ga. L. 1943, pp. 1458-1498), and Acts Amendatory thereof, and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Powell, who, on oath, deposes and says that he is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following date: January 31, 1990. /s/ C. J. Powell Representative, 145th District Sworn to and subscribed before me, this 14th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4869

BUTTS COUNTY BOARD OF EDUCATION; MEMBERS; PER DIEM. No. 1036 (House Bill No. 1878). AN ACT To amend an Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), so as to provide for per diem and expenses of members of such board; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), is amended by adding a new section immediately following Section 7, to be designated Section 7A, to read as follows: Section 7A. Members of the board shall, when approved by the board, receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board; provided, however, that such per diem shall not exceed $300.00 per month. In addition, such members of the board shall, when approved by the board, be reimbursed for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. The compensation of members of the board shall be paid only from the local tax funds available to the board for educational purposes. Section 2. This Act shall become effective on 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 4870

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919); and for other purposes. This 30th day of January, 1990. 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 7, 1990. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4871

LAMAR COUNTY ENHANCED 911 EMERGENCY TELEPHONSE SERVICE. No. 1037 (House Bill No. 1897). AN ACT To authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County; to provide a short title; to provide for definitions; 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 conditioned on whether another Act becomes effective; 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 Emergency Communications Service District Act. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) District means the corporate boundaries, including its municipalities, of Lamar County, Georgia, providing an enhanced emergency telephone number 911 system. (2) Enhanced emergency telephone number 911 system means emergency 911 service that provides the telephone number and the location of the calling party to the public safety answering point. (3) Exchange access facilities means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities

Page 4872

include service supplier provided access lines, PBX trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, wide area telecommunications service (WATS), foreign exchange (FX), or incoming other lines. (4) Governing authority means the Board of Commissioners of Lamar County. (5) 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. (6) Service supplier means any legal entity providing exchange telephone service to any service user in the district. (7) Service user means any legal entity who is provided exchange telephone service in the district. (8) 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. Section 3. Establishment and funding of district. (a) The governing authority may establish by ordinance an enhanced emergency telephone number 911 system district and levy an emergency telephone service charge in an amount not to exceed the total operating budget of the emergency telephone number 911 system divided by the total number of exchange access facilities within the district. Any district service charge shall have uniform application and shall be imposed throughout the entire district to the greatest extent possible in conformity with the availability of such service in any area of the district; and the funds generated by the service charge shall be utilized by the county solely to defray the actual cost of communication equipment and communication personnel

Page 4873

hired primarily to operate and maintain 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) The governing authority may impose the emergency telephone service charge provided for in subsection (a) of this section in an amount not to exceed $1.50 per month per exchange access facility provided to the service user. (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 ordinance enacted by the governing authority. 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. The service supplier shall provide the governing authority with the name and address of each user who has notified the service supplier in writing of such user's refusal to pay the emergency telephone service charge. The service supplier shall so notify the governing authority within 60 days of receipt of such notice by the user. 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; provided, however, that no such charge shall be levied or collected prior to 30 days following the date the enhanced emergency telephone number 911 system becomes fully operational. (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 or the identification of service users in connection therewith.

Page 4874

(d) (1) The amounts collected by the service supplier attributable to any emergency telephone service charge shall be due quarterly to the district. 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 maintained by the governing authority. (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 3 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. (f) The emergency telephone service charge is not subject to state and local tax. (g) The service charge does not apply to exchange access facilities provided to federal, state, and local governments. 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 and law enforcement services, resulting in the saving

Page 4875

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 to be known as the Lamar County Emergency Communications Advisory Board shall be created and comprised of five members as follows: (1) A member who shall be a resident of the City of Barnesville appointed by the governing authority of the City of Barnesville; (2) A member who shall be a resident of the City of Milner appointed by the governing authority of the City of Milner; (3) Three members who shall be residents of Lamar County appointed by the governing authority of Lamar County, provided that one of such members appointed shall be a resident of the City of Barnesville. (b) The advisory board shall assist the governing authority in: (1) Reviewing and analyzing the progress by public safety agencies in developing enhanced 911 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of an enhanced 911 system; (3) Identifying mutual aid agreements necessary to effect the enhanced 911 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the governing authority.

Page 4876

Section 6. 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 7. 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 8. Effective date. This Act shall become effective on May 1, 1990, unless HB 1422 introduced at the 1990 legislative session is enacted into law, in which case this Act shall not become effective and shall be null and void. Section 9. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for an enhanced emergency telephone number 911 system special district for Lamar County and for other purposes. Larry Smith Representative District 78 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 Herald-Gazette which is the official organ of Lamar County, on the following date: February 7, 1990. /s/ Larry Smith Representative, 78th District

Page 4877

Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF GOOD HOPE NEW CHARTER; GOVERNING AUTHORITY; DUTIES; POWERS; SALARY. No. 1038 (House Bill No. 1898). AN ACT To provide a new charter for the City of Good Hope; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

Page 4878

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Good Hope in Walton 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 Good Hope. References in this charter to the city or this city refer to the City of Good Hope. The city shall have perpetual existence. Section 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Good Hope, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent

Page 4879

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 not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and airconditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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;

Page 4880

(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and 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;

Page 4881

(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, 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; (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

Page 4882

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 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

Page 4883

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; (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

Page 4884

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; (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;

Page 4885

(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 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

Page 4886

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 councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code.

Page 4887

(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 Good Hope 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 Tuesday following the first Monday in November, 1992, and on that 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 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.

Page 4888

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 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

Page 4889

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 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.

Page 4890

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 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 Walton 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 Walton County following a hearing on a complaint seeking such removal brought by any resident of the City of Good Hope.

Page 4891

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. 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.

Page 4892

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 any one member 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 roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining

Page 4893

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 Good Hope 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 any one councilmember and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall

Page 4894

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 Good Hope, 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.

Page 4895

(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;

Page 4896

(5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) 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; (8) 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; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) 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 (12) 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

Page 4897

shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (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.

Page 4898

(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (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.

Page 4899

(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. 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. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk, provided that if a councilmember is appointed as clerk, such member shall not receive additional compensation as clerk. Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for

Page 4900

nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. Section 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10. Municipal court. There may be a court to be known as the Municipal Court of the City of Good Hope. Section 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.

Page 4901

(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $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 metals, 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

Page 4902

the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Walton 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

Page 4903

the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by

Page 4904

general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing 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.

Page 4905

Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. 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. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.

Page 4906

Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such

Page 4907

taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, 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

Page 4908

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. 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

Page 4909

delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Specific repealer. An Act incorporating the Town of Good Hope, approved August 11, 1905 (Ga. L. 1905, p. 855), as amended, is repealed in its entirety. Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Page 4910

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide a new charter for the City of Good Hope; to repeal an Act approved August 11, 1905 (Ga. L. 1905, p. 855), as amended; to repeal conflicting laws; and for other purposes. This 7th day of February, 1990. The City of Good Hope 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 9, 1990. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4911

CITY OF POOLER CORPORATE LIMITS. No. 1039 (House Bill No. 1038). AN ACT To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), and by an Act approved April 7, 1986 (Ga. L. 1986, p. 5592), 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 Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), and by an Act approved April 7, 1986 (Ga. L. 1986, p. 5592), is amended by adding at the end of Section 1.11 a new subsection (e) to read as follows: (e) In addition to the corporate limits of the City of Pooler as provided by the foregoing provisions of this section, said corporate limits of said city shall also include the territory within the following described boundaries: Beginning at a point where the western right-of-way line of Bourne Avenue intersects the northern right-of-way line of Fourth Avenue (formerly Greenway Street); thence westerly along the northern right-of-way line of Fourth Avenue to a point where it intersects the western right-of-way of Interstate Highway 95; thence southeasterly along the western right-of-way line of Interstate Highway 95 to a point where it intersects the western right-of-way line of Bourne Avenue; thence northerly along the western right-of-way line of Bourne Avenue to a point where it intersects the northern right-of-way line of Fourth Avenue at the point of beginning. Said territory is shown on a plat prepared by Hussey, Gay, Bell, and Deyoung, Consulting Engineers, Savannah, Georgia, dated January 23, 1989, entitled `Plan Showing Area To Be Annexed By The City of

Page 4912

Pooler, Georgia' which is on file with the city clerk of the City of Pooler. 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 during the 1989 regular session of the General Assembly of Georgia, a bill amending the corporate limits of the City of Pooler to include the area bounded by Fourth Avenue (formerly Greenway Street) on the north; Bourne Avenue on the East and I-95 on the South and West; all of which will more fully appear by plat prepared by Hussey, Gay, Bell and De Young dated January 23, 1989 and entitled: Plan showing area to be annexed by the City of Pooler, Georgia which is on file with the City Clerk of the City of Pooler. 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 which is the official organ of Chatham County, on the following date: February 4, 1989. /s/ Sonny Dixon Representative, 128th District

Page 4913

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 28, 1990. FULTON COUNTY FULTON COUNTY SCHOOL EMPLOYEES PENSION SYSTEM; MEMBERSHIP OF BOARD. No. 1040 (House Bill No. 1173). AN ACT To amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System; to provide that said board shall be composed of seven individuals; to provide for the method of selection of such individuals and terms for the same; to redefine the status of the executive secretary and employees of the board; to provide for the supervision of the treasurer of such board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is further amended by striking

Page 4914

therefrom Section 3 in its entirety and substituting in lieu thereof seven new sections which shall be known as Sections 3A, 3B, 3C, 3D, 3E, 3F, and 3G, to read as follows: Section 3A. There is established a School Pension Board whose duty shall be to administer the said pension and retirement fund. Said board shall consist of seven members, qualified and chosen as follows: (1) Two members of the Fulton County Board of Education are to be chosen by the Fulton County Board of Education and to be known as Positions 1 and 2; (2) One member who shall be an active teacher or employee of the board of education who is a member of the Teachers Retirement System of Georgia as well as a participant in this fund, to be known as Position 3. Such member shall be elected by active teachers and employees of the board of education who are members of the Teachers Retirement System of Georgia, as well as participants in this fund. The member of the pension board holding such position on the effective date of this section may continue to hold such position until April 30, 1992, provided such person remains otherwise qualified; (3) One member who shall be an active employee of the board of education who is a participant in the fund and who is not a member of the Teachers Retirement System of Georgia, to be chosen by active employees of the board of education who are participants in the fund and who are not members of the Teachers Retirement System of Georgia and to be known as Position 4; (4) One member selected by the other six members of the pension board, but in case of a tie vote by the other members of the pension board, the Fulton County legislative delegation who are qualified shall appoint such member to be known as Position 5. Such member, regardless of the manner in which he or she is selected, shall not be a current member of this fund or a current or former teacher or employee of said board of education or a member of the General Assembly but shall be a citizen of Fulton County

Page 4915

with substantial prior experience in financial and investment matters; and (5) Two members who shall be former teachers or employees of the board of education who shall be receiving a pension benefit from the fund, to be chosen by individuals receiving a pension from the fund and to be known as Positions 6 and 7. Section 3B. (a) Except as hereafter provided in this section, said members shall hold office for a term of four years and until their successors have been duly elected and qualified. (b) Within 60 days following the effective date of this Act, new members of the board shall be elected for Position 4 with a term ending April 30, 1993; for Position 6 with a term ending April 30, 1994; and for Position 7 with a term ending April 30, 1992. (c) Subject to the provisions of Section 3A of this Act, in the event of the death, resignation, or other disability of a pension board member which renders him or her incapable of performing the duties of a pension board member during his or her term of office, said member's replacement shall be selected in the manner specified in Section 3A of this Act for such position to serve the remaining balance of such term of office. Section 3C. The said pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of the said pension board shall serve without pay. The pension board may employ an executive secretary and other personnel who shall serve at the will of the pension board at salaries to be designated by said pension board. With the consent of the Fulton County Board of Education, such executive secretary shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes. Section 3D. The pension board shall have the authority to adopt rules and regulations in the administration of said pension fund in carrying out the provisions of this Act, to reconcile conflicts therein if any should exist, and to provide for the equitable

Page 4916

disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules must be consistent with the terms and spirit of this Act. Section 3E. The administrator of finance for the school system administered by said board of education is designated as treasurer and custodian of said pension fund and shall be subject to the direction of the pension board for the purpose of carrying out his or her duties under this Act. Whenevery any pension has been granted by said pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, to be signed by the chairperson of said pension board and countersigned and paid by said treasurer. Section 3F. Four members of said pension board shall constitute a quorum and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of said pension board shall give a bond with a good corporate surety in the sum of $5,000.00 for his or her faithful performance as chairperson of said pension board and said treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as treasurer and custodian of said pension fund. The premiums on such bonds shall be an expense of such pension fund. Section 3G. Except as otherwise provided in this Act, no member of the pension board or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of the pension fund in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with this Act. 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.

Page 4917

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended; and for other purposes. This 12th day of December, 1989. 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: December 15, 1989. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 3rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990.

Page 4918

CITY OF REIDSVILLE MAYOR; TERMS OF OFFICE; REFERENDUM. No. 1041 (House Bill No. 1290). AN ACT To amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office; 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 to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, is amended by striking Section 2.10 which reads as follows: Section 2.10. Limitation on Terms of Service. No mayor elected and qualified for two successive terms shall be eligible for the succeeding term of office., and inserting in its place a new Section 2.10 to read as follows: Section 2.10. Reserved. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Reidsville 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 Reidsville for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 1990 state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have written or printed thereon the words:

Page 4919

() YES () NO Shall the Act be approved which removes the limitation providing that no mayor of the City of Reidsville elected and qualified for two successive terms shall be eligible for the succeeding term of office? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 Reidsville. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3. Except as otherwise provided in Section 2 of this Act, 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 1990 session of the General Assembly of Georgia a bill to amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273); and for other purposes. This 29th day of December, 1989. CURTIS V. CHENEY, JR. CHENEY CHENEY Attorney for the City of Reidsville, Georgia

Page 4920

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: January 4, 1990. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 10th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF KENNESAW MAYOR AND COUNCILMEN; ELECTIONS; TERMS OF OFFICE. No. 1042 (House Bill No. 1302). 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, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3452) and an Act approved April 17, 1975 (Ga. L. 1975, p. 3019), so as to change the provisions relating to the election of mayor and councilmen; to change the term of office for the mayor and councilmen; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4921

Section 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3452) and an Act approved April 17, 1975 (Ga. L. 1975, p. 3019), is amended by striking Section 2.03 in its entirety and substituting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of Mayor and Councilmen. The mayor and members of the city council serving on the effective date of this Act shall continue to serve until the expiration of their terms of office and until their successors are duly elected and qualified as provided by law. On the first Saturday in October, 1990, an election shall be held for those three councilmen who at said date are serving as `Councilman, Post No. 3,' `Councilman, Post No. 4,' and `Councilman, Post No. 5.' Such positions shall continue to be designated as `Councilman, Post No. 3,' `Councilman, Post No. 4,' and `Councilman, Post No. 5.' The candidate for each post receiving a plurality vote shall be declared elected as councilman for that post for which he qualified and shall serve for a term of office which shall expire on December 31, 1993. On the Tuesday next following the first Monday in November, 1991, and on said date quadrennially thereafter, an election shall be held for those two councilmen who at said date are serving as `Councilman, Post No. 1' and `Councilman, Post No. 2,' and for mayor. Such positions shall continue to be designated as `Mayor, City of Kennesaw,' `Councilman, Post No. 1,' and `Councilman, Post No. 2.' The candidate receiving a plurality of the votes cast for mayor shall be declared elected, and the candidate for each post receiving a plurality of the votes cast shall be declared elected as councilman for that post for which he qualified. On the Tuesday next following the first Monday in November, 1993, and on said date quadriennally thereafter, an election shall be held for those councilmen who at said date are serving as `Councilman, Post No. 3,' `Councilman, Post No. 4,' and `Councilman, Post No. 5.' Such positions shall continue to be designated as `Councilman, Post No. 3,' `Councilman, Post No. 4,' and `Councilman, Post No. 5.' The candidate for each post receiving a plurality vote for that post shall be declared elected as councilman for that post for which he qualified. Any person

Page 4922

possessed with the qualifications as required by law may qualify for any council post or for mayor. Section 2. Said Act is further amended by striking Section 2.04 in its entirety and substituting in lieu thereof a new Section 2.04 to read as follows: Section 2.04. Terms of Office. The terms of office for mayor and councilmen shall begin on the first day of January following their respective elections and shall continue for four years, except as provided in Section 2.03 of this Act, and until their successors are elected and qualified. 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 1990 session of the Georgia General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Kennesaw, and for other purposes. This 29th day of December, 1989. /s/Hugh A. Regan CHUCK CLAY ROY BARNES HUGH A. 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 4923

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: December 29, 1989. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 9th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. BURKE COUNTY BOARD OF EDUCATION; MEMBERS; SALARY. No. 1043 (House Bill No. 1329). AN ACT To amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to provide for the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4924

Section 1. An Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, is amended by adding a new section following Section 5, to be designated Section 5A, to read as follows: Section 5A. The chairman of the board of education shall receive a salary of $250.00 per month payable from the funds of Burke County. Each member of the board of education other than the chairman shall receive a salary of $200.00 per month payable from the funds of Burke County. In addition, the chairman and each member of the board of education shall be reimbursed for actual expenses incurred in connection with the performance of their official duties as members of the board for travel outside of Burke County in the same amount as authorized for members of the State Board of Education pursuant to Code Section 20-2-9 of the O.C.G.A. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1990 session of the General Assembly of Georgia a bill to amend the method of compensating members of the Burke County Board of Education; to provide for related matters; and for other purposes. This 2nd day of January, 1990. E. E. Bargeron State Representative District #108 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on

Page 4925

oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following date: January 4, 1990. /s/ E.E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 10th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. WILKINSON COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 1044 (House Bill No. 1404). AN ACT To amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead and to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications, approved March 12, 1984 (Ga. L. 1984, p. 3772), so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

Page 4926

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead and to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications, approved March 12, 1984 (Ga. L. 1984, p. 3772), is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. Each resident of Wilkinson County who is 65 years of age or older is granted an exemption from Wilkinson County ad valorem taxation for county purposes in the amount specified by this section on a homestead owned and occupied by the resident as a residence if the resident's net income, together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income as defined by Georgia law, from all sources except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this section, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. The amount of the exemption granted by this section shall be as follows: (1) The exemption granted by this section shall be $6,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1985; (2) The exemption granted by this section shall be $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1986; and

Page 4927

(3) The exemption granted by this section shall be $8,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1987, and for all tax years thereafter. Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wilkinson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Wilkinson County for approval or rejection. The election superintendent shall conduct that election on the same date and in conjunction with the July, 1990 state-wide general 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 Wilkinson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases from $8,000.00 to $10,000.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 years of age or older may receive in order to be eligible for an $8,000.00 exemption from county ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect on January 1, 1991, and shall be applicable to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 Wilkinson County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 4928

Section 3. Except as otherwise provided in Section 2 of this Act, 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 1990 session of the General Assembly of Georgia a bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County actually occupied by the owner as a residence and homestead and to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is 65 or older and who meets certain income qualifications, approved March 12, 1984 (Ga. L. 1984, p. 3772), so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. This 5th day of January, 1990. 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 Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 11, 1990. /s/ Kenneth W. Birdsong Representative, 104th District

Page 4929

Sworn to and subscribed before me, this 16th day of January 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. MERIWETHER COUNTY TAX COMMISSIONER; SALARY. No. 1045 (House Bill No. 1420). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, approved March 10, 1933 (Ga. L. 1933, p. 614), as amended, particularly by an Act approved February 23, 1979 (Ga. L. 1979, p. 3044), so as to change the salary of the tax commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, approved March 10, 1933 (Ga. L. 1933, p. 614), as amended, particularly by an Act approved February 23, 1979 (Ga. L. 1979, p. 3044), is amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The tax commissioner shall be compensated on a salary basis and his annual salary shall be $23,175.00 per year, to be paid in equal monthly installments from the funds of the

Page 4930

county. It is specifically provided that the salary fixed for the tax commissioner shall be in lieu of all fees. 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 1990 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of Meriwether County, approved March 10, 1933 (Ga. L. 1933, p. 614), as amended; and for other purposes. This 15th day of January, 1990. 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 19, 1990. /s/ Leonard R. Meadows Representative, 91st District

Page 4931

Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF WHIGHAM MAYOR; COUNCILMEN; ELECTION; TERMS; MEETINGS. No. 1046 (House Bill No. 1461). AN ACT To amend an Act providing a new charter for the City of Whigham, approved March 29, 1984 (Ga. L. 1984, p. 5152), so as to change the provisions relating to the election and terms of the mayor and councilmen; to change the provisions relating to the administration of the oaths of office to the mayor and councilmen; to change the provisions relating to the organizational meeting; to provide for the dates of municipal elections; 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 Whigham, approved March 29, 1984 (Ga. L. 1984, p. 5152), is amended by striking Section 2.11 of said Act and inserting in lieu thereof a new Section 2.11 to read as follows: Section 2.11. Term and qualifications of office. Except as provided in Section 5.10 of this Act, the members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he:

Page 4932

(1) Has been a resident of the city for a period of two years immediately prior to the date of the election of mayor or councilman; (2) Continues to reside within the city during his period of service; (3) Is registered and qualified to vote in municipal elections of the City of Whigham; (4) Shall have attained the age of 21 years; and (5) Meets any other requirements as may be established by general state law. Section 2. Said Act is further amended by striking Section 2.20 of said Act and inserting in lieu thereof a new Section 2.20 to read as follows: Section 2.20. Organizational meeting. The council shall meet for organization at the first regular meeting in January. By majority vote of all the members thereof, the council shall elect one of its members to be mayor pro tempore. The mayor pro tempore shall serve for a term of two years and until his successor is elected and qualified. Section 3. Said Act is further amended by striking Section 5.10 of said Act and inserting in lieu thereof a new Section 5.10 to read as follows: Section 5.10. Regular election, oaths of office. (a) (1) On the first Tuesday in September of 1990, there shall be an election for the office of mayor and five council posts. The terms of their respective offices to which they are elected in the 1990 election shall begin at the day and hour of the taking of the oath of office and shall expire on December 31, 1993. (2) On the Tuesday next following the first Monday in November in 1993, and on such day biennially thereafter, a general municipal election shall be held in the City of Whigham for the office of mayor and five council posts. The terms of office of persons elected in such general municipal

Page 4933

elections shall begin on the first day of January immediately following the date of the election and shall be for two years and until their respective successors are duly elected and qualified. (b) The oath of office shall be administered at a time and place to be prescribed by the mayor-elect. The oath shall be as follows: `I do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Whigham 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. So help me God.' Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for two (2) year concurrent terms for all municipal offices in the City of Whigham, Grady County, Georgia, which offices consist of a Mayor and five (5) member-at-large Council, with municipal elections to be held as regularly scheduled in September, 1990, and thereafter on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter, for enabling and other matters relative thereto. This 9th day of January, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long, who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is

Page 4934

the official organ of Grady County, on the following date: January 12, 1990. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF NORCROSS NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 1047 (House Bill No. 1569). AN ACT To create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority; to provide for the powers, duties, and authority of the city and its officers, officials, and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, and privileges and immunities; to provide for ordinances, policies, bylaws, rules, and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmembers; to provide for

Page 4935

a mayor and his term of office, election, duties, powers, authority, compensation, qualifications, and vacancies; to provide for disclosure of conflicts of interest and for prohibitions on holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investigations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoptions; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power thereto; to provide for the codification of laws and ordinances; to provide for the executive branch of city government and its organization; to provide for departments and employees of city government; to provide for boards, commissions, and authorities; to provide for a city attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a city clerk, city treasurer, and city accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the practices, procedures, and requirements connected with such elections; to provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the city; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, millage rate, tax due dates, tax bills; to provide for occupational and business taxes, other taxes allowed by law, sewer service charges, sanitary and health service charges, and special assessments; to provide for the collection of delinquent taxes and fees; to provide for the transfer of executions; to provide for borrowing by the city; to provide for general obligation bonds, revenue bonds, and short-term loans; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of operating and capital improvement budgets; to provide for action by the council on operating and capital improvement budgets; to provide for property tax levies; to provide for appropriations; to provide for an independent audit; to provide for contracting procedures and purchasing and disposal of city property; to provide for municipal

Page 4936

services and regulatory functions; to provide for a zoning board; to provide for official bonds; to provide for existing ordinances, resolutions, rules, and regulations; to provide for section captions; to provide for penalties; to provide for the existing personnel and officers; to provide for pending matters; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Norcross, approved February 11, 1977 (Ga. L. 1977, p. 2546), as amended; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.11. Incorporation. The City of Norcross, Georgia, in the County of Gwinnett and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Norcross, Georgia. Under that name, said city shall continue to be invested with all the property which now belongs to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.12. Corporate boundaries. (a) The boundaries of the City of Norcross shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by law. The current boundaries of the City of Norcross, at all times, shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Norcross, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the

Page 4937

mayor and city council. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for redrawing of any such map to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. (c) The following parcels of land are hereby deleted from the existing corporate boundaries of the City of Norcross, as defined in subsection (a): Parcel No. 1: All that tract or parcel of land lying and being in land Lot 244 of the 6th Land District of Gwinnett County, Georgia, and being more fully described as follows: COMMENCING at a point on the north right-of-way of Jimmy Carter Boulevard, having a 100 foot right-of-way, said point being located 735.95 feet East of the point where the right-of-way of Jimmy Carter Boulevard intersects the right-of-way of Buford Highway; thence from said beginning point running north 79 degrees 59 minutes 46 seconds east 225.10 feet to an iron pin; thence running south 27 degrees 59 minutes 06 seconds east 200 feet to an iron pin thence running south 79 degrees 59 minutes 40 seconds west 225.11 feet to an iron pin set on the north right-of-way of Jimmy Carter Boulevard; thence running along and with the north right-of-way of Jimmy Carter Boulevard north 27 degrees 58 minutes 48 seconds west 200 feet to an iron pin and the point of beginning. Parcel No. 2: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 274 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found at the point formed by the intersection of the northeast line of the right-of-way of Holcomb Bridge Road (said Road having a 100 foot right-of-way)

Page 4938

with the southeast line of the right-of-way of Peachtree Industrial Boulevard (said Boulevard having a variable right-of-way at this point); running thence South 62 degrees 19 minutes 41 seconds East along said right-of-way of Holcomb Bridge Road, a distance of 194.50 feet to an iron pin found; running thence North 27 degrees 40 minutes 19 seconds East, a distance of 76.00 feet to an iron pin set; running thence South 62 degrees 19 minutes 41 seconds East, a distance of 43.50 feet to an iron pin set; running thence North 55 degrees 00 minutes 38 seconds East, a distance of 110.00 feet to an iron pin found; running thence North 27 degrees 40 minutes 19 seconds East, a distance of 161.00 feet to a point; running thence South 62 degrees 19 minutes 41 seconds East, a distance of 189.73 feet to an iron pin found; running thence North 55 degrees 01 minute 05 seconds East, a distance of 161.03 feet to an iron pin set; running thence South 34 degrees 58 minutes 55 seconds East, a distance of 18.50 feet to an iron pin found; running thence North 55 degrees 01 minute 05 seconds East, a distance of 60.00 feet to an iron pin set; running thence North 34 degrees 58 minutes 55 seconds West, a distance of 301.41 feet to a point; running thence North 64 degrees 38 minutes 53 seconds West, a distance of 68.73 feet to an iron pin found on the southeast line of the right-of-way of Peachtree Industrial Boulevard (said Boulevard having a 250 foot right-of-way at said point); running thence South 55 degrees 00 minutes 38 seconds West along said right-of-way of Peachtree Industrial Boulevard, a distance of 619.64 feet to an iron pin found; running thence South 14 degrees 44 minutes 08 seconds West along said southeasterly line of the right-of-way of Peachtree Industrial Boulevard, a distance of 110.59 feet to an iron pin found located at the point of intersection of said right-of-way of Peachtree Industrial Boulevard with the said northeast line of the right-of-way of Holcomb Bridge Road, which iron pin marks the POINT OF BEGINNING; said tract or parcel of land being designated TRACT 1 and TRACT 2 containing approximately 4.288 acres, more or less, as shown on that certain Boundary Survey for Garden Plaza Hotel Company - Atlanta, Westinghouse Credit Corporation dated September 11, 1986, prepared by Hayes, James Associates, Billy Ray Cheek, Registered Land Surveyor No. 1615. TOGETHER WITH those certain easements for access, ingress and egress created by that certain Reciprocal Easement

Page 4939

Agreement dated September 19, 1985, recorded in Deed Book 3564, Page 243, Gwinnett County, Georgia Public Records; as amended by that certain Quitclaim Deed dated September 15, 1986, recorded in Deed Book 3805, page 94, aforesaid Public Records; as further amended by that certain Quitclaim Deed dated September 15, 1986, recorded in Deed Book 3805, Page 100, aforesaid Public Records; as further amended by amendment to Reciprocal Easement Agreement dated as of September 15, 1986, recorded in Deed Book 3805, Page 106, aforesaid Public Records. TOGETHER WITH all of the easements, rights and privileges appurtenant to the above-described property as reserved and set forth at pages 2, 3 and 4 of Exhibit A in that certain Warranty Deed dated February 3, 1984, from Foster Atlanta Associates, to K E Limited, a Georgia Limited Partnership, recorded in Deed Book 2717, Page 222, Gwinnett County, Georgia Records. Parcel No. 3: All that tract or pracel of land lying and being in Land Lot 223 of the 6th District, 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 Jimmy Carter Boulevard (said road having a 100 foot right-of-way) and Norcross Tucker Road (said road having an 80 foot right-of-way), said point being marked by an iron pin found located at the southwestern point of the intersection of the eastern right-of-way line of Jimmy Carter Boulevard and the western right-of-way line of Norcross Tucker Road; running thence along an arch of a curve to the left (said curve having a radius of 989.86 feet, said arc being subtended by a cord line having a magnetic bearing of north 49 degrees 26 minutes 48 seconds west and a cord length of 150.19 feet) an arc distance of 150.22 feet to an X marked in concrete; running thence north 51 degrees 39 minutes 16 seconds west a distance of 232.39 feet to a point; running thence north 88 degrees 46 minutes 4 seconds east a distance of 106.8 feet to the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, running thence north 9 degrees 59 minutes 16 seconds east a distance of

Page 4940

16.04 feet to a point; running thence north 72 degrees 20 minutes 29 seconds east a distance of 68.11 feet to a point; running thence south 51 degrees 23 minutes 3 seconds east a distance of 59.91 feet to a point; running thence south 38 degrees 36 minutes 57 seconds west a distance of 6.10 feet; running thence south 51 degrees 23 minutes 3 seconds east a distance of 4.30 feet to a point; running thence south 38 degrees 15 minutes 27 seconds west a distance of 58.07 feet to a point; running thence north 51 degrees 44 minutes 33 seconds west a distance of 37.04 feet to a point; running thence south 82 degrees 2 minutes 9 seconds west a distance of 8.31 feet to a point; running thence north 51 degrees 42 minutes 42 seconds west a distance of 51.96 feet to the TRUE POINT OF BEGINNING. Said property being shown as a one story frame and stucco building lying at the northwestern corner of a strip shopping center as on a survey for the Ritter Corporation dated October 12, 1988, prepared by Solar Land Surveying Company, which plat is incorporated herein and made a part hereof by this reference. Section 1.13. Powers and construction. (a) In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. (c) In construing this charter, the following definitions shall apply: (1) Appointed officer where used herein shall mean all administrative officers, which include the city clerk, city treasurer, city attorney, city accountant, city engineer, and

Page 4941

all directors or heads of departments. It shall not include members of boards, commissions, or authorities. (2) City council where used herein shall mean the elected officers of the City of Norcross which include the mayor and five councilmembers. The mayor shall vote on all matters in the event of a tie. (3) Department head where used herein shall be synonymous with department directors. Section 1.14. Powers. The corporate powers of the government of the City of Norcross, to be exercised by the mayor and city council, shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes 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;

Page 4942

(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary for the operation of the city from all individuals, firms, and corporations residing in or doing business therein; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of

Page 4943

property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, on or off the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, authorities, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (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

Page 4944

mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning, including implementation of a land use plan and enforcement of the goals and objectives in the land use plan; and to provide subdivision regulation and the like as the city council deems necessary

Page 4945

and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, hospitals, sewers, drains, sewerage treatment, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such other purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services 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 4946

(31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for elected officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, and under any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same;

Page 4947

and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of all solid waste; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To provide for the collection of special assessments to cover the cost of any public improvements; (38) Taxes: Ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and

Page 4948

(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority or as provided by pertinent laws of the State of Georgia. The full faith and credit of the City of Norcross shall be behind all elected officers, appointed officers, employees, members of boards, commissions, and authorities, and the city will indemnify them, to the extent allowed by law, for all costs and judgments suffered as a result of any and all actions taken pursuant to their official capacity as officials for the City of Norcross. ARTICLE II GOVERNING BODY Section 2.10. City council creation; composition; number; election. The legislative authority of the government of the City of Norcross, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in a manner provided by Article V of this charter.

Page 4949

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 2.12. Vacancy; filling of vacancies; suspensions. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive as compensation for their services

Page 4950

an amount prescribed by ordinance passed by the city council in conformity with the laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their expenses incurred in the performance of their duties of office. Section 2.14. Conflicts of interest; holding other offices. (a) No elected officer, appointed officer, employee, or member of a board, commission, or authority of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and

Page 4951

(6) Vote or otherwise participate in the negotiations or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected officer, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected officer, appointed officer, employee, or member of a board, commission, or authority of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any employed position in the city until one year after the expiration of the term for which he was elected. (f) No department director, department head, employee, or member of any board, commission, or authority of the city shall

Page 4952

continue in such position or employment upon qualifying as a candidate for nomination or election to any public office. (g) (1) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who knowingly conceals such financial interest or knowingly violates any of the requirements of this section applicable to his respective office or position shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and investigations. The mayor and city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and city council shall be punished as provided by ordinance. Section 2.16. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Norcross, Georgia, as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, or well-being of the inhabitants of the City of Norcross, Georgia, and may enforce such ordinances by imposing penalties for violations thereof.

Page 4953

(c) The city council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17. Eminent domain. The city council is empowered to acquire, construct, build, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewerage treatment, waterworks, electrical systems and charitable, education, recreational and sport institutions, agencies, and facilities and any other public improvement inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned utilizing procedures enumerated in Chapter 22 of the O.C.G.A., subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 2.18. Organizational meeting. The city council shall hold an organizational meeting on or before the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Norcross, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, one councilmember shall be appointed to serve as mayor pro tempore pursuant to the procedures set forth in Section 2.27 of this charter. Section 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. Notice to the public shall be made in the manner required by law. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of

Page 4954

such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. Any matter which requires action by the city council in less than 24 hours will be governed by the emergency provisions set forth in Section 2.24 of this charter. (c) All meetings of the city council shall be public to the extent required by law. The city council may hold executive sessions privately before or after public meetings, but the ayes and nays of any balloting shall be recorded at the conclusion of such executive sessions. Notice to the public of special meetings shall be made as fully as is reasonably possible at least one day prior to such meeting. Section 2.20. Rules of procedure. (a) Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order . The city council shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen of the city council shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. Following the procedure herein described, the mayor and city council shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum; voting. The mayor (or mayor pro tempore when presiding) and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, when a quorum is present, the affirmative vote of a

Page 4955

majority of those present shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.23. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Norcross, Georgia, hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the city council and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.24. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Page 4956

Section 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.23 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto, with this charter, any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Norcross, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be typed or printed promptly following its adoption, and the ordinance and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first Code of the City of Norcross, Georgia, and at all times thereafter, the

Page 4957

ordinances and charter amendments shall be typed or printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.27. Mayor pro tempore. The city council shall appoint a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence when the city council is advised by the mayor of his disability or absence or when any such disability or absence shall be declared by a majority vote of the city council. Section 2.28. Powers and duties of mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided herein, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) In conjunction with department heads, prepare and submit to the city council a recommended annual operating budget and recommended capital budget;

Page 4958

(7) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (8) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and service departments. (a) The mayor and city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of the city. The mayor and city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the direct supervision and guidance and to general supervision and guidance of the mayor and city council. (c) Except as otherwise provided by this charter, the directors or department heads and other appointed officers of the city shall serve at the pleasure of the mayor and city council. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be

Page 4959

appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, commissions, and authorities. (a) The city council may create by ordinance such boards, commissions, and authorities to fulfill any investigative, 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 mayor and confirmed by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) Except as otherwise provided by charter or by law, no voting member of any board, commission, or authority shall hold any elective office in the city. (d) Any vacancy in the office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for the original appointment, except as otherwise provided by this charter or by law. (e) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance of the city council and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the members of the city council. (g) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary

Page 4960

expenses of members of boards, commissions, and authorities in the performance of their official duties. (h) The qualifications required of members of boards, commissions, and authorities shall be prescribed by ordinance. (i) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year, and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish (after approval by the mayor and councilmembers) such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12. City clerk. The mayor and city council shall appoint a city clerk who shall not be a councilmember but who may be an employee of the city. The city clerk shall keep a journal of the proceedings of the city council and maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by ordinances. Section 3.13. City treasurer. The mayor may appoint and the city council shall confirm a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city. The city treasurer shall diligently comply with and enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. Section 3.14. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys, as may be authorized by ordinance. The city council shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the mayor, city council, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform

Page 4961

such other duties as may be required of him by virtue of his position as city attorney. Section 3.15. City accountant. The mayor may appoint and the city council shall confirm a city accountant to perform the duties of an accountant. Section 3.16. Consolidation of functions. The mayor and city council may consolidate any two or more of the positions of city clerk, city treasurer, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.17. Position classification and pay plans. The mayor and city council shall be responsible for the preparation of a position classification and pay plan. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city. Section 3.18. Personnel policies. The mayor and city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

Page 4962

(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation. There is established a court to be known as the Municipal Court of the City of Norcross which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority: to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jursidiction of municipal courts to the extent of and in accordance with the provisions of such laws and all law subsequently enacted amendatory thereof. Section 4.11. Chief judge; associate judge; solicitor. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. (c) Compesnation of the judges shall be fixed by the city council by ordinance. (d) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear,

Page 4963

favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. (e) At the request of the presiding municipal judge, a solicitor and an assistant solicitor may be appointed by the mayor and confirmed by the city council. The method of selection and terms of such solicitors shall be provided by ordinance. Section 4.12. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as the court deems necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. The municipal judge may appoint counsel as required by law at the request of any person sentenced to a jail term who is found to be indigent. (d) The municipal court shall have the authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond may be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days

Page 4964

before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond or security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Norcross, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (g) The municipal court shall have the same authority as superior courts to administer oaths as are necessary and to perform all other acts necessary and proper to the conduct of said court. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of the City of Norcross granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal and certiorari. (a) A review of a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Gwinnett County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding. (b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Page 4965

Section 4.15. Rules of court. With the approval of the city council, the municipal judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to the superior courts under the laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Regular elections; time for holding. The city council shall cause an election to be held at the city hall or such other place in the city as the city council shall direct and designate. The date of all general municipal elections occurring before January 1, 1993, shall be specified by municipal ordinance. All general municipal elections held subsequent to the above date shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Each elected officer shall serve for a term of four years, the term beginning the day and hour of taking the oath of office as provided in Article II, Section 2.18 of this charter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. Section 5.12. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the city council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended.

Page 4966

Section 5.13. Election by majority vote. The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.14. Special elections; vacancies. In the event that the office of the mayor or any councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within nine months of the expiration of the term of office of the mayor or any councilmember, said vacancy in office shall be filled by appointment by the remaining members of the city council. In all other respects, a special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15. Grounds for removal. (a) The mayor and any councilmember shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an elected officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:

Page 4967

(1) Removal of an elected officer from office may be accomplished by two-thirds of the vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Norcross, Georgia. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property taxes. All property subject to taxation for state and county purposes, assessed as of January 1 in each year, shall be subject to any property tax levied by the City of Norcross. The city shall use the county assessment for the year in which the city taxes are to be levied. The county is to furnish appropriate information for such purpose unless otherwise directed by state law. The maximum, general operation millage rate will be 15 mills. Section 6.11. Property tax levy. The city council shall assess and collect an ad valorem tax on all real and personal property within the corporate limits of the city as permitted by state law for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.12. Millage rate; due dates and payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within

Page 4968

which these taxes must be paid. The city council by ordinance may provide for the payment of the taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Occupational and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not prohibited by law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19 of this charter. Section 6.14. Licenses; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.19 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.15. Sewer service charges. The city council by ordinanc shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the city, to provide for the total cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter.

Page 4969

Section 6.16. Sanitary and health service charges. The city council, by ordinance, shall have authority to provide for, to enforce, to levy, and to collect the total costs of sanitary and health services provided or made available inside or outside the corporate limits of the city. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount, or amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter. Section 6.17. Special assessments. The city council, by ordinance, shall have the power and authority to assess and collect impact fees or other special assessment fees to cover all or part of the cost of constructing, reconstructing, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, or other utility mains and appurtenances, against the abutting property owners or the owners of any property having a constitutionally sufficient nexus to the needed public improvement under such reasonable terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fieri facias charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 9 percent per annum from date due until paid. A lien shall exist against the affected property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes; and said lien shall be enforceable by the same procedure and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter. Section 6.18. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.19. Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of

Page 4970

delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the city clerk and executed by any police officer of the city under the same procedure provided by the law governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city. Section 6.20. Transfer of executions. The city clerk shall be authorized to assign or transfer any fieri facias or execution issued for any tax, or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law, regarding sales and transfers of tax fieri facias, provided that, upon levy of execution and sale of property pursuant to such tax fieri facias, whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fieri facias, as said requirements now exist or may be hereinafter provided by law. Section 6.21. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.22. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenues produced by the project, program, or venture for which they were issued.

Page 4971

Section 6.23. Short-term loans. The city may obtain short-term loans between January 1 and December 31 of each year and must repay such loans not later than December 31 of each year. Section 6.24. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting for each and every office, department, institution, agency, and activity of the city government, unless otherwise provided by state or federal law. Section 6.25. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor, in conjunction with all department heads of the city, shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.

Page 4972

(b) The city council by ordinance shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness. Section 6.28. Changes in appropriations. The city council may make changes in the appropriations in addition to those contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all department heads of the city shall prepare and submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuring fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations

Page 4973

for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.30. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the mayor and confirmed by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.31. Procurement and property management; contracting procedures. All contracts shall be made or authorized by the city council and no contracts shall bind the city unless: (1) It is in writing; (2) In event a contract for goods or services is in excess of $500.00, it shall be drawn by or submitted and reviewed by the city attorney and, as a matter of course, shall be signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. Section 6.32. Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.

Page 4974

Section 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Municipal services; streets. The city council shall have the power and authority to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares, and sidewalks of the city. The city council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks, or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. Section 7.11. Municipal utilities. The city council shall have the power and authority to acquire, own, hold, build, maintain, and operate a system of waterworks, electric lights, sewerage systems; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems

Page 4975

through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both inside and outside the corporate limits; and to contract to furnish the services of said systems to consumers outside the corporate limits of the city. Section 7.12. Sewers and drains. The city council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both inside and outside the corporate limits. The city council may provide by ordinances for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such services are made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which executions shall create a lien on the property connected with said water and sewerage system from the date of the order or connection. Section 7.13. Rights of way. The city shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, and drains, for waterworks and sewerage system purposes along the highways in the County of Gwinnett, without cost; it shall have full power and authority to enact and enforce such rules and regulations, and ordinances as may be necessary to protect the water basin and watershed from which the water supply is taken from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated inside or outside the corporate limits of the city. Section 7.14. Power to regulate and license. The city council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession, or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the city, regardless of whether or not the subject has an office or establishment within the city. The city council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this

Page 4976

authority is subject to the Constitutions and laws of the United States and State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents, and any other legal entity capable of transacting business. Section 7.15. Franchises. The city council shall have the authority to exercise control over the streets of the city. The power is conferred upon the city council to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. This franchise right extends to, but is not limited to, the erection of poles, stringing wires, laying of pipes, lines, or conduits both above and below the ground surface. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in the registration book kept by her or him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.16. Building, housing, electrical, and plumbing regulations. The city council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring, and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and air conditioning, electrical, and plumbing codes as may be deemed proper. The city council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition

Page 4977

precedent to any construction, building, electrical, or plumbing work. The city council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII ZONING Section 8.10. Zoning board. The mayor shall recommend and the city council shall appoint a planning and zoning board and the city council shall adopt ordinances and regulations for the administration thereof. The zoning board shall be advisory in nature and must view all matters before them in full recognition of the criteria set forth in the City of Norcross land use plan. Section 8.11. Zoning board of appeals. The mayor shall recommend and the city council shall appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE IX GENERAL PROVISIONS Section 9.10. Bonds for officials. The officers and employees of the city, both elective and appointive, shall execute such surety or fidelity bonds in the amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 9.11. Existing ordinances, resolutions, rules and regulations. Existing ordinances, resolutions, rules and regulations of the City of Norcross not in conflict with the provisions of this charter shall continue in force, unless repealed or amended by the city council. To the extent the Code of the City of Norcross conflicts with this charter, the charter shall control. Existing rules and regulations of departments or agencies not in conflict with the provisions of this charter shall continue in force until they have been repealed or amended. Section 9.12. Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof.

Page 4978

(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 9.13. Penalties. The violation of any provision of this charter, for which a penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not be exceed 30 days or both such fine and imprisonment. Section 9.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 9.15. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 9.16. If any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 9.17. Specific repealer. An Act incorporating the City of Norcross, in the County of Gwinnett, approved February 11, 1977 (Ga. L. 1977, p. 2546), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

Page 4979

Section 9.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1990 Session of the General Assembly of Georgia, a local bill entitled as follows: A bill to be entitled as Act to Create a New Charter for the City of Norcross, Georgia; to prescribe the corporate limits of said City; to provide for the government and its corporate powers; to provide for a governing authority of said City, and for the election, terms of office, and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific acts; to repeal conflicting laws; and for other purposes. This 12 day of Jan, 1990. /s/ Thurman L. Terrell Thurman L. Terrell, Mayor PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that Notice of Intention to Introduce Local Legislation by the City of Norcross, Georgia was published on January 19, 1990. /s/ M.T. Jones Thomas D. Jones, Publisher Gwinnett Daily News

Page 4980

Subscribed and sworn to before me this 19th day of January, 1990. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (SEAL) Approved March 28, 1990. CITY OF MANCHESTER MUNICIPAL OFFICERS; ELECTIONS; TERMS. No. 1048 (House Bill No. 1575). 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 provide for a municipal election in December, 1990; to provide for terms of office for officers elected at such election; to provide for municipal elections in November, 1991, and in succeeding years; to provide for terms of office for officers elected at such elections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the 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 in its entirety Section 4 and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) A municipal election shall be held on the first Tuesday in December, 1990, for the election of the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected

Page 4981

shall take office on January 1 following their election for terms of one year and until their successors are elected and qualified. (b) On the Tuesday next following the first Monday in November, 1991, and biennially thereafter, there shall be elected the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on January 1 following their election for terms of two years and until their successors are elected and qualified. (c) In the event that a member moves his residence from the district the member represents, that position on the board of commissioners shall immediately become vacant. Vacancies on the commission created by death, by resignation, or otherwise shall be filled by a special election held in accordance with the requirements of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended; and for other purposes. This 15th day of January, 1990. HONORABLE LEONARD MEADOWS REPRESENTATIVE, 91st DISTRICT

Page 4982

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 Vindictor which is the official organ of Meriwether County, on the following date: January 26, 1990. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CITY OF MANCHESTER BOARD OF COMMISSIONERS; MUNICIPAL ORDINANCES; FINES; CITY JAIL. No. 1049 (House Bill No. 1588). AN ACT To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, so as to authorize the board of commissioners to levy an additional 10 percent on fines for violations of municipal ordinances; to provide that such funds be used for the construction, maintenance, and operation of a city jail; to repeal conflicting laws; and for other purposes.

Page 4983

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, is amended by inserting immediately following Section 12 a new Section 12A to read as follows: Section 12A. In addition to all fines authorized to be levied for violations of municipal ordinances, the board of commissioners is authorized to provide by ordinance for an additional fine in an amount equal to 10 percent of each fine so levied; provided, however, that the proceeds from such additional fine shall be used for the construction, maintenance, and operation of a municipal jail. 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 1990 session of the General Assembly of Georiga a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended; and for other purposes. This 15th day of January, 1990. 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

Page 4984

which is the official organ of Meriwether County, on the following date: January 26, 1990. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. CATOOSA COUNTY SCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1050 (House Bill No. 1625). AN ACT To provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school

Page 4985

district who is 62 years of age or over and who does not have a gross income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Catoosa County giving his or her age, the amount of income which the owner received for the immediately preceding calendar year, the income which the members of the owner's family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal titles to which are vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the titles to which are vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1990. Section 2. (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the homestead exemption granted by Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older.

Page 4986

(b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. (c) The exemption granted by Section 1 of this Act shall be in addition to the exemption granted by an Act providing for an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, and on behalf of the Catoosa County School System for all residents of Catoosa County who are 62 years of age or over, approved March 15, 1984 (Ga. L. 1984, p. 4321). Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Catoosa County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general election to be held in November 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the

Page 4987

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 Catoosa County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for a homestead exemption on Catoosa County School District taxes for certain residents of the Catoosa County School District; to provide for the amount, terms, conditions, and qualifications of such exemption and the practices and procedures related thereto; to provide for a referendum; and for other purposes. This 16 day of January, 1990. Honorable McCracken Poston, Jr., Representative, 2nd District 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 24, 1990. /s/ McCracken Poston, Jr. Representative, 2nd District

Page 4988

Sworn to and subscribed before me, this 29th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. MITCHELL COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 1051 (House Bill No. 1636). AN ACT To authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell County; to provide for practices and procedures connected therewith; to provide for applicability of certain laws; 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 Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Mitchell County is authorized to impose a county law library fee upon all cases in such court as authorized and defined in Code Section 36-15-9 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated and shall be in the same sum as that set by the chief judge of the superior court of Mitchell County.

Page 4989

Section 3. All of the provisions of Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall apply to and govern the Magistrate Court of Mitchell 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 at the request of the Mitchell County Bar Association there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell County; to provide for practices and procedures connected therewith; to provide for applicability of certain laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of January, 1990. /s/ A. RICHARD ROYAL Honorable 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 he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 26, 1990. /s/ A. Richard Royal Representative, 144th District

Page 4990

Sworn to and subscribed before me, this 30th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. TOWN OF BROOKS NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 1052 (House Bill No. 1638). AN ACT To create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to prescribe and define the corporate limits thereof; to provide for a mayor and town council and their election, terms of office, qualifications, compensation, expenses, oaths, vacancies, powers, and duties; to provide for removal from office; to provide a municipal government for the town and to declare the rights, powers, privileges, and liabilities of the municipal corporation; to provide for ordinances and voting; to provide for codes; to provide for meetings; to authorize the town to issue bonds and other evidences of debt for public purposes, such as for municipal buildings, libraries and equipment for same, sewers, electric lights, public parks, cemeteries, and waterworks; to declare and define the police powers of the town; to provide for a mayor pro tempore and other offices; to declare and define the duties and powers of the officers of the town; to provide for administration of the town; to provide for personnel; to provide for a municipal court and the judge, jurisdiction, practice, procedures, and penalties connected with such court; to provide for elections; to provide for financial and administrative affairs; to provide for the assessment, levy, and collection of ad valorem property taxes, licenses, occupational taxes, excise taxes, assessments, and other fees; to provide

Page 4991

for bonds and notes; to provide for a fiscal year; to provide for budgets, contracts, and purchasing; to provide for other matters of municipal regulation, concern, and welfare; to provide for existing ordinances and regulations, bonds, pending matters, and continuance in office; to provide for penalties; to provide for related matters; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CHARTER, INCORPORATION, POWERS Section 1.10. Incorporation. The Town of Brooks, Georgia, in Fayette County and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the Town of Brooks, Georgia. Under that name, said town shall continue to be vested with all of the property and rights of property which belong to the corporation on the effective date of this charter; shall have perpetual succession with full powers to govern itself by such laws, rules, and regulations as it may deem proper, not conflicting with this charter; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate limits. The Town of Brooks' corporate limits shall embrace and include all territory located in Land Lots 37, 38, 58, 59, 60, 69, 70, 71, 90, 91, 92 101 and 102 of the 4th Land District of Fayette County, Georgia. Section 1.12. Specific powers. In conformity with and subject to the requirements of the general laws of this state, the corporate powers of the government of the Town of Brooks, to be exercised by the governing authority, may include the following:

Page 4992

(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is so authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (4) To appropriate and borrow money for the payment of debts of the town and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the corporate limits of the town; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn and exercise the power of eminent domain inside or outside the corporate limits of the town for present or future use and for any corporate purpose as deemed necessary by the governing authority under Title 22 of the Official Code of Georgia Annotated or under other applicable public laws as have been or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage

Page 4993

disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utilities; to fix the taxes, charges, rates, fees, fares, assessments, regulations, conditions and penalties to be charged or incurred incident to use of same; and to provide remedies and sanctions, including, without limitation, withdrawal of service, for failure to pay or breach of conditions and regulations and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services for periods not to exceed 35 years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities. (10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and illuminate roads, alleys, and walkways within the corporate limits of the town; (11) To grant franchises and rights of way to public utilities throughout the streets and roads and over the bridges and viaducts; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sports, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and to make other public improvements inside or outside the corporate limits of the town and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or other applicable public Acts as are or may be enacted;

Page 4994

(13) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (14) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the town; to prohibit the playing of lotteries therein; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said town by preventing the obstruction of the streets or the gathering of disorderly crowds; and to prohibit or regulate by ordinance such other conduct and activities within the Town of Brooks which are deemed by the governing authority to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof, as well as conduct and activities constituting offenses under state laws, where the General Assembly specifically so permits; (15) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and flammable materials; the use of lighting and heating equipment; and any other business or activity which may be dangerous to persons or property; (16) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (17) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of

Page 4995

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

Page 4996

(25) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee, service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (26) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (27) To define a nuisance and provide for its abatement whether on public or private property; (28) To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (29) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the town and to provide for the enforcement of such standards; (30) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the town or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (31) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violations of ordinances enacted under this paragraph;

Page 4997

(32) To regulate the operation of motor vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the town; (33) To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (34) To provide and maintain a system of pensions and retirement for officers and employees of the town; (35) To levy and provide for the collection of special assessments to cover the costs of any public improvements; (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 town 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 appear necessary for the security, welfare, convenience, and interest of the town and the inhabitants thereof and for preserving the health, peace, order, and good government of the town; (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 exercise the power of arrest through duly appointed policemen; (41) To establish procedures for determining and proclaiming that an emergency situation exists inside or

Page 4998

outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; and (42) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others or restrictive of general words and phrases granting powers, but such powers shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers. In addition to all other powers granted in this charter, the town shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Interpretation. The powers of the town shall be construed liberally and in favor of the town. The specific mention of or failure to mention particular powers in this charter shall not be construed as limiting in any way the cumulative, general powers of the town. It is the intention of this charter to grant the Town of Brooks full power and right to exercise all governmental authority necessary for the effective operation of the town in the conduct of all of its affairs. Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town and its officers, agencies, or employees shall be carried out as provided by ordinance

Page 4999

of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the Town of Brooks, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. Positions on said council shall be numbered Posts 1 through 5, respectively. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms of office; qualifications of officeholders. The members of council shall serve for terms of office of four years, beginning on the first day of January next after the regular biennial November general municipal election and continuing until December 31 next after their respective successors are elected, and otherwise until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the town for a period of one year immediately prior to the date of his election, shall reside continuously therein during his term of office, shall be registered and qualified to vote in municipal elections of the Town of Brooks, and shall have attained the age of 21 years at the beginning of the term to which elected. Section 2.12. Vacancy; forfeiture of office; 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 laws of the State of Georgia. (b) The mayor or any councilmember shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or

Page 5000

(3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided in Article V of this charter. Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation for their services in an amount set by ordinance. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which he was elected, except that he may serve as town clerk, if so appointed. The provisions of this section shall not apply to any person holding such employment on the effective date of this Act. (b) Neither the mayor nor any councilmember shall vote or act upon any question in which he is personally, pecuniarily interested or upon which he is by general law prohibited from voting. Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.16. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the Town of Brooks as provided by Article I of this charter. (b) Special meetings of the council may be held on the call of the mayor or three members of the council. Notice of such special meetings shall state the purpose or purposes, date, time, and place of such meeting and shall be served on all other members personally or left at their respective residences. Alternatively, each

Page 5001

member not participating in the call for such meeting shall be notified personally by telephone at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public except those which are prescribed as closed meetings under Georgia law. Section 2.17. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal or minutes of its proceedings, which journal or minutes shall be a public record. Section 2.18. Quorum; voting. The mayor or mayor pro tempore and three councilmembers shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them. Section 2.19. Ordinance forms; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject unrelated to its title. (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.21 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as is reasonable, 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 council may designate.

Page 5002

Section 2.20. Action requiring an ordinance. Except as provided in this charter, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. Section 2.21. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.22. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. Section 2.23. Codification of ordinances. The mayor and council may require that all ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the Town of Brooks, Georgia, as amended. All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated, and recorded by the town clerk.

Page 5003

Section 2.24. Organization meeting. (a) The council shall meet for organization on the date and at the time of the first regular meeting in each January next following the town elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, mayor pro tempore, or anyone authorized to administer oaths as follows: I do solemnly swear that I will well and truly perform the duties of (mayor or councilmember, as the case may be) of the Town of Brooks and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for any term of office designated by the council. Said mayor pro tempore shall have the duties set forth in Section 2.30 of this charter. Section 2.25. Submission of ordinances to the mayor. (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of the reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting, and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The disapproved part or parts of any ordinance making appropriations shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section.

Page 5004

Section 2.26. Signing, authenticating, recording, and printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) If the mayor and council shall by ordinance initiate a requirement of codification pursuant to Section 2.23 of this charter, then and at all times thereafter the ordinances and charter amendments shall be printed in substantially the same style as the code in effect on the effective date of this charter and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or addition to codes of technical regulations and other rules and regulations in the code. Section 2.27. Chief executive officer. The mayor shall be the chief executive of the Town of Brooks. He shall possess, have, and exercise 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. Section 2.28. Term; qualifications. The mayor shall be elected for a term of four years and until his successor is elected and qualified. He shall be a qualified elector of the Town of Brooks, shall have attained the age of 21 years before the beginning of his term, and shall have been a resident of the Town of Brooks for a period of one year immediately preceding his election. He shall continue to reside in the Town of Brooks during the period of his service. Section 2.29. Duties of mayor. As the chief executive officer of the Town of Brooks the mayor shall: (1) Preside at all meetings of the town council; (2) Be the official head of the town for the service of process and for ceremonial purposes; (3) Have power to administer oaths and take affidavits;

Page 5005

(4) Sign all written contracts entered into by the council on behalf of the town and all other contracts and instruments executed by the town which by law are required to be in writing; (5) See that all laws and ordinances of the town are faithfully executed; (6) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (7) Recommend to the council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) Call special meetings of the council as provided for in Section 2.16 of this charter; (9) Examine and audit all accounts of the town before payment; (10) Require any department or agency of the town to submit written reports in connection with the affairs thereof whenever he deems it expedient; (11) Suspend any appointed town employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee's or officer's fitness, integrity, or capability shall be decided by the council; (12) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; (13) Break a tie vote of the councilmembers; and (14) Perform other duties as may be required by law, this charter, or ordinance.

Page 5006

Section 2.30. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in his absence or disability for any cause one of the councilmembers chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ADMINISTRATION Section 3.10. Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the town as it shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices of duties of offices, positions of employment, departments, and agencies of the town. (b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the town shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.

Page 5007

Section 3.11. Boards, commissions, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) Any vacancy in office of any member of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the town clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the town government shall elect one of its members as chairman and one of its members as vice-chairman for terms of one year. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the town, or applicable state law as it

Page 5008

deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the town clerk. Section 3.12. Town manager. The council may appoint a town manager. The duties and authority of the town manager shall be established by ordinance, and in so doing the council may specifically delegate to the town manager any of the administrative or budgetary duties of the mayor. Section 3.13. Town attorney. The council shall appoint a town attorney together with such assistant town attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him by virtue of his position as town attorney. Section 3.14. Town clerk. The council may appoint a town clerk to keep a journal of the proceedings of the town council, to maintain in a safe place all records and documents pertaining to the affairs of the town, and to perform such other duties as may be required by law or as the council may direct. Section 3.15. Town tax collector. The council may appoint a town tax collector to collect all taxes, licenses, fees, and other money belonging to the town, subject to the provisions of this charter and the ordinances of the town. The town tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection of taxes by municipalities. Section 3.16. Town accountant. The council may appoint a town accountant to perform the duties of an accountant. Section 3.17. Consolidation of functions. The council may consolidate any two or more of the positions of town clerk, town tax collector, and town accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

Page 5009

Section 3.18. Position classification and pay plans. The mayor shall be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the Town of Brooks and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.19. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plans, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work; vacation, sick leave, and other leaves of absence; overtime pay; and the order and manner in which layoff shall be affected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Brooks. ARTICLE IV MUNICIPAL COURT Section 4.10. Municipal court; creation. There is established a court to be known as the Municipal Court of the Town of Brooks which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for violations of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and also to punish any person who may counsel, advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the town constituting traffic cases which,

Page 5010

under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 25 years and shall be a member of the State Bar of Georgia. Such person shall serve at the discretion of the council and his compensation shall be fixed by the council. Neither the mayor nor any councilmember shall serve as judge. (b) The judge pro tempore shall have the same qualifications required of the judge, shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this state that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish persons for crimes against the Town of Brooks, for violation of its ordinances, and for other such crimes and offenses as authorized by general law. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or five days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days, or both, and, as an alternative to such fine or imprisonment, may sentence any offender upon conviction to labor in a town work gang or on the streets, sidewalks, square, or other public works for a period not exceeding 60 days.

Page 5011

(b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the Town of Brooks or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper for the conduct of said court. (f) The municipal court may compel the presence of all parties necessary for a proper disposal of each case by the issuance of summons, subpoenas, and warrants, which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of Brooks granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.

Page 5012

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 Fayette County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules of court. The judge shall have full power and authority, subject to approval of the council, to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the town clerk and shall be available for public inspection. ARTICLE V ELECTIONS Section 5.10. Regular elections. (a) On the first Saturday in December, 1990, an election shall be conducted in the Town of Brooks for the election of councilmembers for Posts 3, 4, and 5 on the town council. The terms of office of members elected in such town election shall commence at the first regular meeting of the mayor and town council in January, 1991, and shall expire on December 31, 1995. (b) On the first Saturday in December, 1992, an election shall be conducted in the Town of Brooks for the election of a mayor and councilmembers for Posts 1 and 2 on the town council. The terms of members elected in such town election shall commence at the first regular meeting of the mayor and town council in January, 1993, and shall expire on December 31, 1997. (c) On the Tuesday next following the first Monday in November, 1995, and on such day biennially thereafter, a general municipal election shall be conducted in the Town of Brooks for the purpose of electing either a mayor and councilmembers for Posts 1 and 2 or councilmembers for Posts 3, 4, and 5 to succeed those officials whose terms expire on December 31 following the date of such election. Officials elected in such elections shall be

Page 5013

elected for terms of office of four years beginning on January 1 following the date of their respective election and until their successors are elected and qualified. All such terms shall expire on December 31. (d) Elections shall be conducted in the Town of Brooks at such place or places as may be designated by the mayor and council. (e) For the purpose of electing members of the town council, the Town of Brooks shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. Section 5.11. Qualifying; voting procedures. The council may, by ordinance, prescribe rules and regulations, not inconsistent with the general laws of this state, governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, and challenge of votes and such other rules and regulations as may be necessary for conducting elections in the Town of Brooks. Section 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials for the Town of Brooks as to primary, special, or general municipal elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, and such other general laws of Georgia as may from time to time apply. Section 5.13. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, and all other laws of general application. Section 5.14. Election of mayor and councilmembers by majority. The candidate for each council post receiving

Page 5014

a majority of all valid votes cast for such council post shall be declared as councilmember for the respective post for which he qualified as a candidate. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. Section 5.15. Grounds for removal of elected officers. The mayor or any councilmember shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.16. Procedure for removal. Removal of an elected officer from office shall be for cause shown, by either of the following methods: (1) By unanimous vote of the entire membership of the council; provided, however, that, if the person sought to be removed is a member of the council, he shall not vote, and if mayor, he shall not vote nor otherwise participate in the proceedings. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the council to the Superior Court of Fayette County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

Page 5015

(2) By appropriate petition filed with the Superior Court of Fayette County as provided by law. ARTICLE VI FINANCE Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the Town of Brooks. The council shall use the county assessment for the year in which the town taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the town for the purpose of raising revenue to defray the costs of operating the town government, providing governmental services, and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 6.12. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the town shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Licenses, occupational taxes, and excise taxes. The council shall have full power to levy by ordinance such license, specific, or occupation taxes upon the residents of the Town of Brooks, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the town; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers conferred in this charter; and to prescribe penalties for the violation thereof. The

Page 5016

council shall have full power and authority to levy any excise tax not prohibited by general law. Section 6.14. Sewer service charge. The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the town, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the town. If unpaid, said sewer charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and town property taxes and enforceable in the same manner and under the same procedures as a lien for the town property taxes. Section 6.15. Sanitary and health service charge. The council shall have the authority to levy by ordinance and collect the cost of sanitary and health services necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business in the town and benefitting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such classifications of property and sanitary service or services provided as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are assessed and the owner or owners thereof, superior to all other liens except liens for county and town property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. Section 6.16. Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates. They shall thereupon be subject, in addition to fi.fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 12 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and town property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for town property taxes.

Page 5017

Section 6.17. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi.fa. issued by the town clerk or mayor and executed by any police officer of the town under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which town property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the town. Section 6.18. Transfer of executions. The town clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of county tax fi.fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi.fas.; provided, however, that, upon levy of execution and sale of property pursuant to such tax fi.fa., whether assigned, transferred, or executed by the town, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi.fas., as said requirements now exist or as may be hereafter provided by law. Section 6.19. Interpretation; other taxes. The town shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the town to govern its local affairs. Section 6.20. General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

Page 5018

Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, as now or hereafter amended or by any other Georgia law as now or hereafter provided. Section 6.22. Short-term notes. Pursuant to applicable state law, the town may obtain temporary loans between January 1 and December 31 of each year. Section 6.23. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the town government, unless otherwise provided by state or federal law. Section 6.24. Preparation of budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to scope, content, and form of any such budgets and programs. Section 6.25. Additional appropriations. The council may make appropriations in addition to those contained in the then current operating budget at any regular meeting or at any special meeting called for such purpose; provided, however, that any such additional appropriations may be made only from existing unappropriated surplus in the fund to which it applies. Section 6.26. Capital improvements budget. (a) On or before the date fixed by the town council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget except to meet a public emergency threatening the lives, health, or property

Page 5019

of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July of each year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.27. Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the town unless reduced to writing and approved by the council. Section 6.28. Centralized purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the Town of Brooks. (b) The council may sell and convey any real or personal property owned or held by the Town of Brooks for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the town. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution finding both that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement

Page 5020

of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees, whether elected or appointed, of the Town of Brooks shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11. Existing ordinances and regulations. Ordinances and regulations of the Town of Brooks existing on the effective date of this charter not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Rules and regulations of departments or agencies of the Town of Brooks existing on the effective date of this charter not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. Pending matters. Except as otherwise specifically provided by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the Town of Brooks shall continue and any such ongoing work or cases shall be dealt with by such town agencies, personnel, or office as may be provided by the town council. Section 7.13. Interpretation. (a) Section captions in this charter are informative only and are not to be considered as a part of the charter. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine shall include the feminine and vice versa.

Page 5021

Section 7.14. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided is declared to be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months, or both such fine and imprisonment. Section 7.15. Continuance in office. The mayor and councilmembers serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected and qualified as provided in this charter. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office. Section 7.16. Specific repealer. An Act reincorporating the Town of Brooks in Fayette County, approved August 18, 1913 (Ga. L. 1913, p. 629), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.17. 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 1990 session of the General Assembly of Georgia, a bill to reincorporate the Town of Brooks in the county of Fayette, and to grant a new charter to that municipality under such corporate name and style; to provide for a form of municipal government and for all matters related thereto; to repeal the Act reincorporating the Town of Brooks in Fayette County, Georgia, approved August 8, 1913 (Ga. L. 1913, p. 629) and all laws and parts of laws in conflict with the legislation to be introduced, and for other purposes incident to such reincorporation. This 8th day of January, 1990. Town of Brooks by: Virgil Brownlee Mayor

Page 5022

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. 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: January 18, 1990. /s/ Paul W. Heard, Jr. Representative, 43rd District Sworn to and subscribed before me, this 30th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 28, 1990. GWINNETT COUNTY BOARD OF REGISTRATIONS AND ELECTIONS; APPOINTMENTS; VACANCIES; ELECTIONS SUPERVISOR; MEETINGS. No. 1053 (House Bill No. 883). AN ACT To amend an Act providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), so as to change certain provisions relating to the appointment of certain members; to change certain provisions regarding vacancies; to provide for appointment of the elections supervisor by the board; to change certain provisions regarding meetings of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 5023

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), is amended by striking paragraph (2) of Section 2 and inserting in its place a new paragraph (2) to read as follows: (2) The fifth member of the board shall be appointed by a majority of the four party appointed members of the Gwinnett County Board of Registrations and Elections. Said fifth member shall be appointed within 30 days of the time at which the party appointed members are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under this paragraph shall also be entered upon the minutes of the governing authority of the county. Section 2. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. In the event any appointing authority fails (1) to make a regular appointment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the chief judge of the Superior Court of Gwinnett County. Section 3. Said Act is further amended by striking subsection (a) of Section 14 and inserting in its place a new subsection (a) to read as follows: (a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. All meetings of the board shall be conducted in the manner specified in Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings.

Page 5024

Section 4. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows: Section 15. The board shall be responsible for selecting and appointing an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors for the county. Such appointment shall be effective only if the nominee receives at least four affirmative votes from the five-member board. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the board. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or upon July 1, 1989, whichever occurs first. 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 providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296); 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

Page 5025

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 28, 1990. STEWART COUNTY GOVERNING AUTHORITY; SOLE COMMISSIONER; ELECTION; TERMS; COMPENSATION; POWERS; DUTIES. No. 1114 (House Bill No. 1485). AN ACT To provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that commissioner; to provide for vacancies; to provide for oath, bond, salary, automobile, and expenses of the commissioner; to provide for the office of the commissioner and for office hours; to provide for meetings; to provide for other county officials, officers, and employees and their appointment, removal, compensation, bond, and duties; to provide for purchases and payments; to provide for audits, budgets, and financial reports; to provide for powers, duties, and responsibilities of the commissioner; to provide for insurance and retirement programs; to provide for planning and zoning; to provide for contributions; to repeal specifically a certain Act; to repeal conflicting laws; and for other purposes.

Page 5026

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The office of commissioner of Stewart County, created by an Act approved August 27, 1927 (Ga. L. 1927, p. 654), is continued by this Act as, and shall be, the governing authority of Stewart County notwithstanding the repeal of that Act. The commissioner of Stewart County, sometimes referred to in this Act as commissioner, shall exercise the powers and duties and be charged with the responsibility imposed upon said office by this Act. Section 2. (a) The commissioner of Stewart County who was elected to that office at the state-wide November general election in 1988, or any person filling a vacancy in that office, shall continue to serve out the term of that office which shall expire December 31, 1992, and upon the election and qualification of a successor. Thereafter, each successor to the office of commissioner of Stewart County whose term of office is to expire shall be elected at the state-wide November general election immediately preceding the expiration of that term and shall take office on the first day of January immediately following that election for a term of four years and until a successor is elected and qualified. (b) The commissioner shall be elected by a majority of the qualified voters of Stewart County voting on a county-wide basis. The commissioner 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 3. (a) In the event a vacancy occurs for any reason, other than by expiration of term, in the office of commissioner of Stewart County, such vacancy shall be filled for the unexpired term by special election. Such special election shall be called by the election superintendent of Stewart County within ten days after the date of the vacancy and shall be held not less than 30 nor more than 45 days after the date of the issuance of the call. Such 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., known as the Georgia Election Code. (b) From the date of the occurrence of a vacancy until such vacancy is filled by special election as provided for by subsection

Page 5027

(a) of this section, the judge of the Probate Court of Stewart County shall be vested with and exercise the powers and duties of the commissioner of Stewart County. Section 4. Before entering upon the discharge of his duties, the commissioner shall subscribe an oath before the judge of the Probate Court of Stewart County or before any judge of a court of record having as part of its jurisdiction Stewart County, Georgia, for the true and faithful performance of his duties and that he is not the holder of public funds unaccounted for. In addition, the commissioner shall give a satisfactory surety bond approved by and payable to the judge of the Probate Court of Stewart County and filed in the office of the judge of the Probate Court of Stewart County in the sum of $10,000.00 conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Stewart County. Section 5. (a) The commissioner of Stewart County shall receive an annual salary equal to the annual base salary of the sheriff of Stewart County plus $2,400.00 per annum. Said salary shall be paid in equal monthly installments from the funds of Stewart County. (b) As used in subsection (a) of this section, the term base salary means the minimum annual salary of the sheriff of Stewart County fixed from time to time pursuant to the provisions of subsection (a) of Code Section 15-16-20 of the O.C.G.A., as now or hereafter amended. The salary provided in this section shall be paid in equal monthly installments from the funds of the county. The county shall furnish the commissioner with an appropriate automobile to be used by such commissioner in carrying out the official duties of the office. The automobile and the replacement cost thereof from time to time, as well as the cost necessary to maintain and operate such automobile, shall be paid from the funds of Stewart County. The commissioner shall be reimbursed from county funds for actual and necessary expenses incurred in carrying out the official duties of the office. The salary and expenses provided in this Act shall constitute the entire compensation to which the commissioner shall be entitled, to be paid from county funds. The commissioner shall devote as much time as necessary to conduct the business of the county and to carry out the duties of the office.

Page 5028

Section 6. The commissioner shall have and maintain an office for the transaction of county business at the courthouse of Stewart County. The office of the commissioner shall remain open during regular hours of business on all days except Saturdays, Sundays, and holidays. Section 7. The commissioner of Stewart County shall hold at least one regular meeting on the first Tuesday of each month so that the public will be able and may appear before the commissioner for any purpose. The time of these meetings will be set by resolution and published at least twice a year in a newspaper having general circulation in the county. The commissioner may conduct special meetings at any time. Section 8. The commissioner of Stewart County shall have the authority to appoint a clerk. Any citizen of said county, other than the commissioner, shall be eligible to hold said office of clerk and shall receive a salary to be fixed by the commissioner, said salary to be paid in equal monthly installments. The clerk shall give bond with some responsible surety company authorized to do business within the State of Georgia in the sum of $15,000.00, to be approved by the commissioner. The premium on the bond shall be paid by Stewart County, made payable to the judge of the probate court of said county and his successors in office and conditioned upon the faithful performance of the duties of said clerk and to account for any and all county funds, property, or effects which may come into the hands of the clerk. The bond shall be filed with the judge of the Probate Court of Stewart County and shall be recorded on his minutes and may be sued on in like manner as the bond of said commissioner. The clerk shall keep minutes of all meetings of the commissioner, an inventory of all properties, and such books and records as may be required of the clerk by the commissioner and do such other acts and things as may be required by law or by the commissioner. Section 9. The commissioner of Stewart County, either himself or his appointed agents, shall purchase all equipment, material, and supplies necessary for said county of such kind and quality and in such quantities as may be needed and, wherever practicable, in the judgment of the commissioner, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioner and subject to inspection by the grand jury or other interested citizens.

Page 5029

Purchases shall be charged to Stewart County. Before any bills for supplies or materials ordered by an appointed agent of the commissioner are submitted to the commissioner for payment, said agent shall have examined the bill or bills and certify in writing that payment of the bill is recommended and approved. The commissioner shall be authorized to pay such bills. Section 10. The commissioner may, at his discretion and when he deems it necessary, appoint a warden of the correctional institution of Stewart County. The warden shall devote his entire time to his duties. He shall receive such salary as fixed by the commissioner. The warden shall have entire control of the prisoners sentenced to the correctional institution and shall utilize said prisoners according to law and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said county. The warden also shall have the authority to enter into agreements with other counties and municipalities to employ said prisoners as long as said agreements comply with the law. Section 11. The commissioner may have the books and accounts of the tax commissioner, custodian of all county funds, sheriff, clerk of superior court, probate judge, and such other officers of Stewart County as may be necessary audited annually by a certified public accountant of this state who shall be paid from county funds. Said audits shall be filed in the office of said commissioner and shall at all times be subject to inspection by any citizen or taxpayer of Stewart County. The commissioner shall have the right to set aside certain times for said inspection during normal business hours so as not to interfere with the normal business routine of the commissioner's office. Section 12. The commissioner shall have the power to fix and establish policies, rules, and regulations governing all matters within his authority. The commissioner shall exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the commissioner: (1) To levy taxes;

Page 5030

(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 enter into contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, all in accordance with law; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent list for the county; (10) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (11) To create and change the boundaries of special taxing districts as authorized by law; (12) To fix the bonds of county officers where the same is not fixed by statute; (13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact, the effect of each to have the authority of law; (14) To determine the priority of capital improvements; (15) To call bond elections;

Page 5031

(16) To promote and preserve the public health of the county with authority to quarantine against contagious diseases and epidemics, according to law; (17) To fix and regulate license fees for new businesses or established businesses operating outside the limits of municipal corporations within Stewart County; (18) To sue and be sued in the name of Stewart County; (19) To exercise the power of eminent domain in the manner prescribed by law; (20) To employ a competent attorney who is a resident of the county, if possible, as county attorney to advise the commissioner and represent the county in such matters as the commissioner may direct and who shall be paid such salary or compensation as the commissioner may direct out of the regular funds of the county, with authority of said commissioner to fix his term of office or to discharge him at any time; and (21) To exercise all of the powers and authority heretofore vested by law in the judge of the probate court when sitting for county purposes, together with the powers and authority which may not exist or may hereafter be delegated by law to the governing authority of the county. Section 13. The commissioner is authorized to require all officers of Stewart County to report on the general or specific conduct of the financial affairs of their respective offices. Section 14. (a) The commissioner shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of Stewart County. (b) The appointment and removal of, and compensation to be paid to, persons filling Stewart County offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commissioner. Section 15. The commissioner shall comply with the budgeting and auditing procedures and requirements set forth in

Page 5032

Chapter 81 of Title 36 of the O.C.G.A., as amended or superseded, relative to budgets and audits of local governments. Section 16. The commissioner shall have the authority to establish or to utilize any program or company to provide medical insurance, dental insurance, and retirement programs for Stewart County employees and officers, to include elected constitutional and elected nonconstitutional as well as appointed officials, employees, or officials and employees. Section 17. The commissioner shall have the authority to establish and enforce land use plans, to include zoning plans and ordinances. The same may be established and enforced by resolution as well as by ordinance. Section 18. The commissioner shall have the authority to receive contributions from any government entities, individuals, corporations, partnerships, and associations and such contributions, when received, shall be used in the manner and for the purpose designated by the contributor. If the contributor does not designate the disposition of the funds contributed, then the commissioner shall decide how to expend said funds for the benefit of Stewart County. Section 19. An Act creating the office of commissioner of Stewart County, approved August 27, 1927 (Ga. L. 1927, p. 654), as amended, is repealed in its entirety. Section 20. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill relating to the office of Commissioner of Stewart County; to repeal specifically a certain Act; to repeal conflicting laws; and for other purposes.

Page 5033

This 15th day of January, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: January 18, 1990. /s/ Gerald E. Greene Representative, 130th District Sworn to and subscribed before me, this 23rd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY DISTRICT. No. 1115 (House Bill No. 1735). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, so as to enlarge the Downtown Marietta District; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 5034

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, is amended by adding at the end of Section 3 the following: Also, the following tracts of land: TRACT 1. All that tract or parcel of land lying and being in Land Lots 361, 431, and 432 of the 17th District, 2nd Section, City of Marietta, Cobb County, Georgia, as shown on plat entitled: `AsBuilt' of the Clay Street Project for Marietta Housing Authority, by Southern Surveying Mapping Co., Inc., dated April 17, 1988, containing 11.95 acres, and being more particularly described as follows: Beginning at an iron pin on the south side of the 100 foot wide right of way of South Marietta Parkway (formerly Clay Street) 657.34 feet east of the intersection thereof with the east side of Fairground Street, as marked by a concrete monument, as measured along the south side of South Marietta Parkway, and running thence easterly along the south side of said right of way 2,042.44 feet to an iron pin at the intersection thereof with the line dividing Land Lots 431 and 434 of said 17th District; running thence South 00 33` 04 East along said Land Lot Line 363.19 feet to an iron pin; running thence North 72 03 39 West 320.42 feet to an iron pin; running thence North 18 00 51 East 251.13 feet to an iron pin; running thence North 71 47 42 West 443.73 feet to an iron pin; running thence South 18 53 41 West 67.54 feet to an iron pin; running thence North 71 03 28 West 26.10 feet to an iron pin; running thence South 49 18 10 West 125.81 feet to an iron pin; running thence North 40 20 30 West 197.85 feet to an iron pin; running thence North 18 17 48 East 237.53 feet to a railroad spike; running thence North 71 42 29 West 309.97 feet to an iron pin; running thence North 71 22 18 West 253.81 feet to a fence corner; running thence North 26 51 26 East 9.85 feet to an iron pin; running thence North 71 13 39 West 523.60 feet to an iron pin; running thence

Page 5035

North 00 01 00 West 156.10 feet to the iron pin at the point of beginning. Tract 2. All that tract or parcel of land lying and being in Land Lots 1289 and 1290 of the 16th District and 217 and 288 of the 17th District, 2nd Section of Cobb County, Marietta, Ga. and being more particularly described as follows: BEGINNING at a point where the northerly right of way line of Griggs Street intersects the westerly right of way line of Powder Springs Street; thence running in a northerly direction along the westerly right of way line of Powder Springs Street (and the present Downtown Marietta District) to a point, said point being where the northerly right of way line of West Atlanta Street (if extended across Powder Springs Street) would form an intersection with the westerly right of way line of Powder Springs Street; thence running in a easterly direction crossing Powder Springs Street and continuing along the northerly right of way line of West Atlanta Street (this section of West Atlanta Street was formerly known as Goss Street) and the Downtown Marietta District to a point on the westerly right of way line of the L N Railroad; thence continuing in a easterly direction along the present Downtown Marietta District boundary to a point on the easterly right of way line of Atlanta Street; thence running in a southerly direction along the easterly right of way line of Atlanta Street to a point where the northerly right of way line of Clay Street intersects the easterly right of way line of Atlanta Street; thence running westerly crossing Atlanta Street, L N Railroad and West Atlanta Street to a point where the southerly right of way line of Cemetery Street intersects the westerly right of way line of West Atlanta Street; thence running in a westerly direction along the southerly right of way line of Cemetery Street to a point on the easterly right of way line of Powder Springs Street; thence running in a southerly direction along the easterly right of way line of Powder Springs Street to a point where said right of way line intersects the northerly right of way line of West Dixie Avenue; thence running in a westerly direction and crossing Powder Springs Street to a point where the northerly right of way line of Club Drive intersects the westerly right of way line of Powder Springs Street; thence running in a northerly

Page 5036

direction along the westerly right of way line of Powder Springs Street to a point where said right of way line intersects the southerly right of way line of Griggs Street; thence running in a westerly direction along said right of way line for a distance of 200 feet, more or less, to a point; thence running in a northerly direction to a point on the northerly right of way line of Griggs Street; thence running in a easterly direction along said right of way line to the point of beginning. The above described boundary includes the Marietta Cemetery, Confederate Cemetery and portions of Powder Springs Street, West Atlanta Street, Atlanta Street and L. N. Railroad and Cemetery Street. TRACT 3. All that tract or parcel of land lying and being in Land Lots 216 and 217 of the 17th District, 2nd Section, City of Marietta, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the south side of Griggs Street and the west side of Powder Springs Street and running thence southerly along the west side of Powder Springs Street 115.8 feet; continuing thence southerly 334 feet, more or less, to the property of the Marietta Country Club; running thence westerly along the north line of said Marietta Country Club property 822 feet, more or less to the unopened right of way of Wright Street; running thence northerly along the unopened right of way of Wright Street 276 feet, more or less, to property formerly subdivided by Griggs shown in Plat Book 3, page 20, Cobb County records; running thence westerly along the southerly side of said subdivided lots 652 feet, more or less to the southeast corner of lot 88 shown on said Plat; running thence northerly along the east side of said lot 88 a distance of 114 feet to Griggs Street; thence easterly along Griggs Street 200 feet to the point of beginning. Tract 4. All that tract or parcel of land lying and being in Land Lots 1292 and 1293 of the 16th District and Land Lots 143, 144, 145, 146, 215, 216, and 217 of the 17th District, 2nd Section, Cobb

Page 5037

County, Georgia, being known as the Marietta Country Club property, and being more particularly described as follows: Beginning at the intersection of the northwest side of Powder Springs Street and the north side of Club Drive and running thence northeasterly along the northwesterly side of Powder Springs Street 522.3 feet to an iron pin at the southeast corner of Tract 3 above; thence North 80 06 West along the south side of Tract 3 and other property 1,530.8 feet to an iron pin; thence North 15 19 West 86.1 feet to a point; thence North 06 44 West 385 feet to the District Line dividing District 16 and District 17; thence west along said District Line 857.7 feet to a point on the south side of South Hillcrest Drive; thence northeasterly along and following the curvature of the southwesterly side of South Hillcrest Drive 632.5 feet to an iron pin; thence South 191.5 feet to the northwest corner of Land Lot 145; thence continuing south along the west line of Land Lot 145 a distance of 260 feet to an iron pin; thence southwesterly at an interior angle of 240 30 a distance of 280 feet to a point; thence continuing southwesterly at an interior angle of 182 a distance of 199.5 feet to an iron pin; thence southeasterly at an interior angle of 81 34 a distance of 55 feet to an iron pin; thence southwesterly at an interior angle of 223 30 a distance of 164.7 feet to an iron pin; thence southwesterly at an interior angle of 236 38 a distance of 323 feet to an iron pin on the east line of Lot 9, Whitlock Heights Extension One (hereinafter `said subdivision'); thence southeasterly along said Lot 9 at an interior angle of 85 40 a distance of 42 feet to a concrete marker; thence continuing southeasterly at an interior angle of 162 33 along the northeast line of Lots 10 and 11 of said subdivision 328 feet to a concrete marker; thence southeasterly at an interior angle of 208 28 along the east line of Lot 12 of said subdivision 191.5 feet to a concrete marker; thence west at an exterior angle of 72 30 along the south line of said Lot 12 a distance of 238 feet to a point on the northeasterly side of South Woodland Drive; thence southeasterly along the northeastern side of South Woodland Drive 45.3 feet to a point at the northwest corner of Lot 28 of said subdivision; thence easterly along the north line of said Lot 28 and the south side of the 40 foot right of way of Chinquapin Drive (sometimes referred to as Club Drive) 251.6 feet to a concrete marker; thence continuing easterly along the south side of said right of way 348.62 feet to an iron pin on the Land Lot Line dividing

Page 5038

Land Lots 143 and 146; thence south along said Land Lot Line 1,044.2 feet to an iron pin 271.5 feet north of the southwest corner of Land Lot 146; thence South 88 44 East 237.2 feet to a concrete marker; thence South 00 08 East 265.7 feet to an iron pin on the south line of Land Lot 146; thence east along said south Land Lot Line 1,127.5 feet to an iron pin at the southeast corner of said Land Lot 146; thence north along the east Land Lot Line of said Land Lot 146 a distance of 967.8 feet to an iron pin; thence North 89 56 East 639.8 feet to an iron pin; thence east along the north side of Grambling Street 308.25 feet to the east side of Club Access Drive; thence north along the east side of Club Access Drive 431.3 feet to the north side of Club Drive; thence east along the north side of Club Drive 630.42 feet to the point of beginning. Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to amend an Act creating the Downtown Marietta Development Authority approved April 10, 1971 (Ga. L. 1971, p. 3450), as heretofore amended and for other purposes.

Page 5039

This 29th day of December, 1989. /s/Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Steve Thompson Representative, 20th District

Page 5040

Sworn to and subscribed before me, this 5th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. CITY OF LILBURN CORPORATE LIMITS. No. 1116 (House Bill No. 1851). 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 (d), to read as follows: (d) 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: 6-121-26 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING LOT 8, BLOCK C, of CORREFOUR PLACE SUBDIVISION

Page 5041

UNIT 1, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 14 OF THE PUBLIC RECORDS OF GWINNETT COUNTY, GEORGIA, WHICH SAID PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF. TAX PARCEL: 6-121-27 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING KNOWN AS LOT 7, BLOCK C, UNIT NO. 1, OF CARREFOUR PLACE SUBDIVISION, ACCORDING TO THE PLAT OF RECORD IN PLAT BOOK 6, PAGE 150, OF THE GWINNETT COUNTY RECORDS AND WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE. TAX PARCEL: 6-121-28 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING LOT 6, BOCK C, CARREFOUR PLACE SUBDIVISION, UNIT NO. 1, ACCORDING TO THE PLAT OF RECORD IN PLAT BOOK 9, PAGE 14, GWINNETT COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE. TAX PARCEL: 6-121-29 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121 OF THE 6TH DISTRICT OF GWINNETT COUNTY, BEING KNOWN AND DESIGNATED AS LOT 5, BLOCK C, CARREFOUR PLACE SUBDIVISION, UNIT NO. 1, AS PER PLAT RECORDED IN PLAT BOOK 9, PAGE 14, GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY INCORPORATED BY REFERENCE THERETO AND MADE A PART OF THIS DESCRIPTION.

Page 5042

TAX PARCEL: 6-121-96 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121, 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, CONSISTING OF LOT 12, BLOCK C, UNIT 6, CARREFOUR PLACE AS PER A SUBDIVISION PLAT DATED SEPTEMBER 27, 1978 BY HAYES JAMES ASSOCIATES, RECORDED IN PLAT BOOK 9, PAGE 13, GWINNETT COUNTY, GEORGIA PLAT RECORDS, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A SURVEY FOR DECATUR FEDERAL SL, PASTOR T. SANJURJO DENISE L. SANJURJO BY JOSH L. LEWIS, iii, REGISTERED SURVEYOR, DATED JULY 18, 1989, SAID SURVEYS BEING INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. TAX PARCEL: 6-121-97 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 121 OF THE 6th DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING LOT 13, BLOCK C, UNIT NO. 6, CARREFOUR PLACE, AS PER PLAT RECORDED IN PLAT BOOK 21, PAGE 31, GWINNETT COUNTY RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION, BEING IMPROVED PROPERTY KNOWN AS NO. 5362 MILIEO PLACE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING OF HOUSES IN GWINNETT COUNTY, GEORGIA AND BEING MORE PARTICULARLY SHOWN ON SURVEY PREPARED BY GEORGIA LAND SURVEYING CO., INC., DATED FEBRUARY 11, 1987. TAX PARCEL: 6-160-57 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 160 OF THE SIXTH (6TH) DISTRICT OF GWINNETT COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING,

Page 5043

BEGIN AT THE INTERSECTION FORMED BY THE CENTER LINE OF HILLCREST ROAD AS RELOCATED AND PRESENTLY EXISTING (BASED ON A SIXTY FOOT RIGHT-OF-WAY) AND THE CENTER LINE OF INDIAN TRAIL ROAD ALSO KNOWN AS INDIAN TRAIL-LILBURN ROAD, ALSO KNOWN AS KILLIAN HILL ROAD EXTENSION (BASED ON A 100 FOOT RIGHT-OF-WAY); THENCE NORTHWESTERLY ALONG THE CENTERLINE OF INDIAN TRIAL ROAD 1,605.0 TO A POINT; THENCE SOUTH 54 55 MINUTES WEST 404 TO AN IRON PIN; THENCE NORTH 35 05 MINUTES WEST 400 TO AN IRON PIN; THENCE NORTH 54 55 MINUTES EAST 403 TO AN IRON PIN ON THE SOUTHWESTERLY SIDE OF INDIAN TRAIL ROAD; THENCE SOUTH 35 05 MINUTES EAST ALONG THE SOUTHWESTERLY SIDE OF INDIAN TRIAL ROAD 400 TO THE IRON PIN AT THE TRUE POINT OF BEGINNING. BEING 3.70 ACRES AND DESCRIBED ACCORDING TO A PLAT OF SURVEY BY W.T. DUNAHOO AND ASSOCIATES DATED MAY 18, 1977. 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 1990 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. This 10 day of January, 1990. 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

Page 5044

which is the official organ of Gwinnett County, on the following date: February 9, 1990. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. CITY OF KENNESAW CORPORATE LIMITS. No. 1117 (House Bill No. 1903). 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4472), 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, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4472), 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 of land:

Page 5045

All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia and being a portion of the property shown on a plat of survey for Mr. and Mrs. W.D. Chandler by J.P. Phillips, Surveyor, dated September 29, 1966 which is more particularly described as follows: BEGINNING at an iron pin on the southwesterly side of Old U.S. Highway No. 41 a distance of 811 feet northwesterly as measured along the southwesterly side of said Highway from its intersection with the South Original Line of Land Lot 168, said District and Section; running thence Northwesterly along the southwesterly side of said Highway a total distance of 522 feet to the Southeasterly side of a 15 foot drive; running thence Southwesterly and forming an interior angle of 78 degrees, 46 minutes with the preceding course 189 feet to an iron pin; running thence Southwesterly and forming an interior angle of 85 degrees, 58 minutes with the preceding course 550 feet to an iron pin; running thence East and forming an interior angle of 51 degrees, 15 minutes with the preceding course 680 feet to the iron pin on the Southwesterly side of Old U.S. Highway No. 41 at the Point of Beginning. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section, Cobb County, Georgia, shown on plat of survey by Granade Engineers, Inc., dated September, 1974, and being more particularly described as follows: Beginning at a corner formed by the intersection of the easterly right of way of Old Highway 41 (State Route 293) and the Southwesterly right of way line of the crossover to U.S. Highway 41 (4-Lane Highway); thence north 62 degrees 43 minutes east along said right of way a distance of 120.80 feet to an iron pin found on said Southwesterly right of way of U.S. Highway 41 (4-Lane Highway); thence continuing along said right of way around a curve to the left an arc distance of 160 feet (when measured on a chord of south 66 degrees 50 minutes east, said distance being 159.99 feet); thence

Page 5046

south 20 degrees 17 minutes west 208 feet to an iron pin; thence north 80 degrees 31 minutes 30 seconds west 140 feet to an iron pin at the easterly right of way of Old Highway 41 (State Route 293); thence north 13 degrees 50 minutes 30 seconds west along said easterly right of way 185 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lot 207, 20th District and 2nd Section of Cobb County, Georgia, more fully described as follows: BEGINNING at an iron at the center of a branch adjacent to the southwesterly side of the U. S. 4-Lane highway; running thence southerly, along the center of said branch, 374.3 feet to an iron pin; thence west 850 feet to an iron pin; thence north 637 feet to an iron pin on the right-of-way of said highway; thence South 74 degrees 55 minutes east, along said right-of-way, 850 feet to point of beginning. This is a portion of the property conveyed by Mrs. Pearl R. McCarthy et al to W. R. Roberts by deed dated June, 1936, recorded in deed book 123, page 297, Clerk's office, Cobb Superior Court, and is contained in the tract containing 46.41 acres therein described. All that tract or parcel of land lying and being in Cobb County, Georgia, in the 20th District and 2nd Section and in Land-Lot No. 102 and containing (one-half) acre, more or less and is more particularly described as follows: BEGINNING at a point on the east side of the Jiles Road and at the north-west corner of the land of W.N. Jiles being the south line of Land Lot 102 of the aforesaid district and section and running easterly along the land of W.N. Jiles 175 feet to a corner; Thence northerly along the land of Nicholas Lizzie McQuire 167 feet to a corner; Thence westerly along the land of Nicholas Lizzie McQuire 175 feet to a corner on the east side of the Jiles Road; Thence southerly along the east side of the Jiles Road 167 feet to a point of beginning.

Page 5047

All that tract or parcel of land lying and being in Land Lot 127, of the 20th District, 2nd Section of Cobb County, Georgia, and being Lots 10, 11, and 12, of Micheal Heights Subdivision, as shown on plat of record at Plat Book 29, page 53, Cobb County, Georgia Records, which plat is incorporated herein for a more complete and accurate description by this reference hereto. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section of Cobb county, Georgia, and being 2.6 acres as shown on plat prepared for Oliver G. Wilbur, dated June 12, 1956, recorded in Plat Book 14, Page 149, Cobb County Records and being more particularly described as follows: BEGINNING at an iron pin located on the south side of Acworth-Marietta Highway (Old Highway No. 41) 400 feet westerly from the intersection of the south side of said Highway with the westerly side of Owens Road, and running thence southwesterly along a fence line and forming an interior angle of 93 degrees 28 minutes for a distance of 401.4 feet to an iron pin and corner; thence running westerly and forming an interior angle of 86 degrees 32 minutes for a distance of 302 feet to an iron pin and corner; thence running northerly and forming an interior angle of 91 degrees 22 minutes and along a fence line for a distance of 400 feet to an iron pin and corner located on the south side of said highway; thence running easterly along the southerly side of said highway and forming an interior angle of 91 degrees 22 minutes for a distance of 268 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 90 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: BEGIN at a point where the western right of way of Moon Station Road intersects with the northern right of way boundary of Bayswater Drive and proceed northerly along the western right of way boundary of Moon Station Road a distance of 577.22 feet to an iron

Page 5048

pin; thence north 88 degrees 25 minutes 10 seconds west a distance of 476.79 feet to an iron pin; thence 28 degrees 17 minutes 52 seconds east a distance of 132.53 feet to an iron pin; thence south 88 degrees 25 minutes 10 seconds east a distance of 421.97 feet to an iron pin; thence south 01 degree 34 minutes 50 seconds west a distance of 118.47 feet to an iron pin and to the point of beginning. This conveyed tract contains 1.21 acres and is also more particularly described by a plat of survey prepared for Brenda F. Hogan and Charles L. Edmondson on January 25, 1986 by Mack R. Price, Registered Surveyor. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District and 2nd Section of Cobb County, Georgia, as per plat and survey by R. Dan Lord, dated November 9, 1968, and being more particularly described as follows: BEGINNING at the northeast intersection of South Main Street and McCollum Parkway in Kennesaw, Georgia, and running thence northeast along the northwest side of McCollum Parkway 200 feet to a point and corner marked by an iron pin; thence northwest with an interior angle of 93 degrees 41 minutes 200 feet to a point and corner marked by an iron pin; thence northeast with an exterior angle of 99 degrees 04 minutes 286.4 feet to the east land lot line of Land Lot 167; thence north 1 degree 02 minutes north 140 feet, more or less, to a point and corner marked by an iron pin; thence south 53 degrees 48 minutes west 543.14 feet to the east side of South Main Street (Ga. Highway # 293); thence southeast along the easterly side of South Main Street 330 feet to the point of beginning, being improved property and have a concrete block building thereon. 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 more particularly described as follows:

Page 5049

Beginning at an iron pin on the northeasterly right of way line of Old Highway 41 (a 50 foot right of way) said iron pin being 158.0 feet southeasterly as measured along the northeasterly right of way line of said highway from the intersection formed by the northeasterly right of way of said 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 north 87 degrees 56 minutes 29 seconds east 512.17 feet to an iron pin; running thence south 51 degrees 54 minutes 20 seconds east 825.8 feet more or less to the center line of the creek; running thence in a general southwesterly director along the center line of said creek and following the meandering thereof 1002.9 feet more or less to a point formed by the intersection of the center line of said creek and the northwesterly right of way line of Old Highway 41; running thence northwesterly along the northeasterly right of way line of Old Highway 41 and following the curvature thereof 835.61 feet more or less to a point; running thence north 19 degrees 53 minutes 32 seconds west along the northeasterly right of way line of said highway 255.65 feet to an iron pin; running thence north 76 degrees 39 minutes 04 seconds east 201.8 feet to an iron pin; running thence north 24 degrees 22 minutes 41 seconds west 175.0 feet to an iron pin; running thence south 76 degrees 47 minutes 36 seconds west 199.67 feet to an iron pin on the northeasterly right of way line of Old Highway 41; running thence north 18 degrees 19 minutes 45 seconds west along the northeasterly right of way line of said highway 349.58 feet to an iron pin, said iron pin being the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1990 session of the Georgia General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Kennesaw, and for other purposes.

Page 5050

This 29th day of December, 1989. /s/ Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Herman Clark Representative, 20th District

Page 5051

Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. CITY OF THOMASVILLE NEW CHARTER; GOVERNING AUTHORITY; POWERS; DUTIES; COMPENSATION. No. 1118 (House Bill No. 1944). AN ACT To provide a new charter for the City of Thomasville, Georgia; to provide for name, reincorporation, 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, oaths, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for council districts; to provide for organization, meetings, and procedures; to provide for ordinances and codes; to provide for the office of mayor and the office of vice chairman and certain duties and powers relative to such offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city treasurer, and other personnel and their powers and duties; to provide for personnel administration; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and their qualifications, compensation, removal, and oath; to provide for practices and procedures and jurisdiction and powers of the court; to provide for elections; to provide for finances, taxation, fees, and licenses; to provide for franchises, service charges, assessments, and collection thereof; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to

Page 5052

provide for purchases; to provide for a municipal airport; to provide for municipal pensions and taxes and conditions and procedures relating thereto; to provide for social security; to provide for a municipal water and light system and commission; to provide for a municipal gas system; to provide for an independent school system; to provide for a board of education and its composition, election, terms, vacancies, qualifications, and districts; to provide for its organization, meetings, power, and authority; to provide for taxation for education; to provide for street and other public improvements and assessments and liens therefor and collection thereof; to provide a text of the constitutional amendment relating to the Thomasville Payroll Development Authority and for the statutory construction of certain terms; to provide for the acquisition and disposition of property; to provide for bonds for officials; to provide for eminent domain; to provide for prior ordinances and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific 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. Name. This City of Thomasville, in Thomas County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Thomasville, Georgia, and by that name shall have perpetual succession. Section 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Thomasville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be

Page 5053

admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The powers of the government of the city to be exercised by the city council shall include, but not be limited to, the following: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams or bodies of water within the corporate limits of the city; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State

Page 5054

of Georgia; and to provide for the payment of expenses of the city; (4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, fire, 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 collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city 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 districts 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 firefighting; 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

Page 5055

sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city, from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (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 city court may work out such sentences in any public works or on the streets, roads, drains and squares, or other public property 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;

Page 5056

(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, cable television systems, electric generating plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, cable television, and electrical distribution systems, and all necessary appurtenances by which such utilities are distributed, inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, Rules and Regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city;

Page 5057

(23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) 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; (25) Police and Fire Protection. To exercise the power of arrest through duly appointed policement and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (28) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial;

Page 5058

(30) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the State of Georgia Public Service Commission; (31) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, 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;

Page 5059

(34) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any distilled spirits, mixed alcoholic concoctions, wine, or beer that require payment of Georgia excise taxes on alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: Ad Valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law;

Page 5060

(40) 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; (41) Urban Redevelopment. To organize and operate an urban redevelopment program; (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to execute all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia. Section 1.13. 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 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 five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law.

Page 5061

The city council shall be elected in the manner provided by this charter. The city council may also be referred to as the Council of the City of Thomasville or the Council of Thomasville, Georgia. Section 2.11. City councilmembers. 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. No person shall be eligible to serve as councilmember unless he shall have been a resident of the city for a period of time as provided in Code Section 45-2-1; each shall continue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city. Section 2.12. Vacancy; filling of vacancies; suspensions. (a) VacanciesThe office of councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) SuspensionUpon the suspension from office of a councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13. Salary of mayor and councilmembers. After January 1, 1990, each councilmember, with the exception of the councilmember designated as mayor, shall receive a salary of four hundred fifty dollars ($450.00) per month, payable monthly out of the treasury of the city, and the councilmember designated as mayor shall receive a salary of five hundred fifty dollars ($550.00) per month, payable monthly out of the treasury of the city. Section 2.14. Conflicts of interest; holding other offices. (a) Conflict of InterestNo elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

Page 5062

(1) Be directly or indirectly interested in any contract, job, service with or for the city, nor in the profits or emoluments thereof, and any contract on the part of the city which violates this section may be declared null and void by the city council; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government. (b) DisclosureAny elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he 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

Page 5063

pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of Public PropertyElected officials, appointed officers, or employees of the city or any agency or entity to which this charter applies shall not use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts Voidable and RescindableAny violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Ineligibility of Elected OfficialExcept where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which he was elected. (f) Political Activities of Certain Officers and Employees Appointive officers and employees of the city shall not continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for Violation (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three (3) years thereafter. Section 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof

Page 5064

and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance or state law. Section 2.16. General power and authority of the city council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, cable television systems, airports, hospitals, and charitable, educations, 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 condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Fire district. The city council may enact any and all bylaws, ordinances and regulations necessary to lay out a fire district in the city and enlarge, change, or modify its limits from time to time. Section 2.19. Zoning and planning authorized. The city council shall have authority to enact zoning and planning laws whereby such city will be zoned or districted for various uses and other or different uses prohibited therein and regulating the uses for which such zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein. In exercising the powers herein granted, the city council shall be further authorized to adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, and general welfare, and for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property;

Page 5065

or for the purpose of regulating the height and location of the building, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages; or for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based upon any one (1) 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 council shall deem best to accomplish the purposes of the zoning regulations. ORGANIZATION AND PROCEDURES Section 2.20. Organizational meetings. The city council shall hold an organizational meeting at the first regular meeting in January following each general municipal election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: I swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as a member of the city council for the City of Thomasville during my continuance in office, and in all things pertaining to my office. So held me God. Section 2.21. Regular and special meetings. (a) The city council shall meet at least once a month at stated intervals and shall hold their meetings in public. The board shall keep reports of its meetings and shall record all its actions. The city clerk is hereby named as the official secretary of the city council and is charged with the duty of attending and keeping the minutes of all meetings of the board, which record and minutes shall be open to the inspection of the general public in the office of the city clerk in the city hall at all reasonable hours. All votes shall be taken by aye and nay and shall appear in the minutes. (b) The city council shall be required to meet in special session as often as the mayor or any two (2) councilmembers or the city manager may request. Special meetings of the city council shall be called by the mayor, or the necessary councilmembers, or the city manager, filing a written request for the same with the city clerk, stating the time for the meeting. Upon such notice being filed with the city clerk it shall thereupon be the duty of the clerk to

Page 5066

serve notice upon every member of the city council and the city manager, whose names are not attached to the request for such meeting to be called, such notice to be served in writing, orally, or by telephone upon such members of the city council who are to be found within the city limits of the city. Upon the clerk's failure to locate any member of the city council for service of notice as provided in this section, a written notice of such meeting shall be left at his place of business or residence. The same rule of service shall apply to the city manager or anyone else with whom the board has special business to transact. Section 2.22. Rules of procedure. (a) The city council shall adopt its rules of procedure and under of business consistent with the provisions of this charter and shall provide for keeping of minutes of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.23. Quorum: voting. Three (3) councilmembers shall constitute a quorum and shall be authorized to transact business of the commission. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes, 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 minutes. Section 2.24. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be Be it ordained by the Council of the City of Thomasville, Georgia... 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 as provided by ordinance. Upon introduction of any

Page 5067

ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.25. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.26. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.24(b) for distribution and filing of copies of the ordinances shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.27. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.27. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Thomasville, Georgia. Copies of the code shall be furnished to all departments of the city and made available for purchase by the public at a reasonable price as fixed by the city manager.

Page 5068

(c) The city council shall cause each ordinance of general application and each amendment to this charter to be printed as soon as practicable 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 manager. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.28. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and he shall hold office at the pleasure of the city council. The manager shall be appointed solely on the basis of his executive and administrative qualifications, and his compensation shall be fixed by the city council. Section 2.29. Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. Section 2.30. Powers and duties of the city manager. (a) The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter with the exception of the city water and light department. He shall devote his entire time to the duties of his office. He shall have the following powers and duties. (1) See that all laws and ordinances of the city are enforced. (2) With the exception of the city water and light department (which includes the city gas system), exercise

Page 5069

control over all of the departments and divisions of the city general government now created, or that may hereafter be created. (3) Attend all meetings of the city council, with the right to take part in the discussions, but he shall have no right to vote on propositions under consideration. (4) Recommend to the city council for adoption such matters as he may deem necessary and expedient. (5) Prepare and submit to the city council an annual operating budget and capital budget of all departments of the city, except the water and light department, setting forth the probable needed expenditures and estimated revenue for such year. (6) Keep the city council advised as to the financial condition and needs of the city. (7) Supervise and direct the conduct of all officers and employees, except as otherwise provided herein. (8) Supervise the performance of all contracts for all work done for the city general government and to make all purchases or contracts for same under such rules and regulations as the city council may adopt. (9) As personnel manager, he shall appoint, discharge and fix the salaries of employees in all departments and divisions of the general government with the exception of the city water and light department, provided that all such terms of employment shall be made only at the pleasure of the city manager in accordance with duly established personnel policy. All such appointments shall be made upon merit and fitness for the performance of the duties required. (10) Perform additional duties as the city council may by ordinance or resolution prescribe. (b) The city council may require the city manager to go before them at any time and answer questions, either orally or in writing, and may require of the city manager, at any time they see

Page 5070

fit, any reports on any matter involving the city that they deem proper. (c) The city manager shall be purchasing agent for the city general government, and by him all purchases or contracts shall be made in accordance with rules and regulations adopted by the city council by resolution in any official meeting of the city council. In the capacity of purchasing agent for the city general government he shall conduct all sales of personal property of the city which the city council may authorize to be sold and which may have become unnecessary or unfit for the city use. The city council may by resolution or ordinance prescribe who shall sign vouchers for the payment out of the city funds, and under what rules and regulations. Section 2.31. City council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.32. Selection of mayor and vice chairman. By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor and a councilmember to serve as vice chairman for terms of two (2) years and until their successors are elected and qualified. Both shall continue to vote and otherwise participate as councilmembers but shall have no veto power. The mayor and vice chairman serving as such when this charter first becomes effective shall serve out the remainder of their terms of office as mayor and vice chairman and until their respective successors to such offices are elected and qualified. If either office becomes vacant, the city council shall elect one (1) of the other councilmembers to serve as such officer. Section 2.33. Powers and duties of mayor. The mayor shall: (a) Preside at all meetings of the city council;

Page 5071

(b) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (c) Have power to administer oaths and to take affidavits; and (d) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. Section 2.34. Vice chairman. During the absence or disability of the mayor for any cause, the vice chairman of the city council, or in his absence or disability for any reason, any one (1) of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 2.35. Devotion of time to duties. The mayor and each of the councilmembers shall devote as much time as may be necessary to the duties of the office held. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and service departments. Except as otherwise provided in this charter, the city manager 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. Section 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except

Page 5072

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 herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four (4) members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one (1) of its members as chairman and one (1) member as vice chairman, and may elect as its secretary one (1) of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. Section 3.12. Chief of police and marshal, appointment. The office of the chief of police and marshal shall be filled by appointment by the city manager.

Page 5073

ADMINISTRATIVE OFFICERS Section 3.13. City attorney. The city manager shall appoint a city attorney, together with such deputy 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 city council as directed; shall advise the city council and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.14. City clerk. The city manager 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's records and minutes required by this charter; and perform such other duties as may be required by the city council. Section 3.15. City treasurer. The city manager 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 by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.16. Authority to combine offices of city clerk and city treasurer. The city manager may, should he deem the same expedient and in the interest of economy, appoint one and the same person to both offices of the city clerk and the city treasurer and such person is hereby expressly authorized to serve in both official capacities for the city. Section 3.17. Regulation of liquor licenses and sale of alcoholic beverages. The city council shall have the exclusive right to license, regulate, control, and tax the sale of alcoholic beverages inside the city limits.

Page 5074

PERSONNEL ADMINISTRATION Section 3.18. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan. Such plan may apply to all employees of the city, except the Water and Light Department, and any of its agencies, departments, boards, commissions, or authorities. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.19. Personnel policies. The city manager shall promulgate rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence and overtime pay; (4) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Nothing contained in this charter shall be construed to create any contract of employment between the city and any employee of the city. 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 Thomasville. 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 substitute judges as shall be appointed by the city council. The method of selection and terms of such judges shall be fixed by the city council. (b) Compensation of the judges shall be fixed by the city council. (c) Judges may be removed for cause by a vote of four (4) members of the city council.

Page 5075

(d) Before assuming office, each judge shall take an oath that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. Section 4.12. Convening. The municipal court shall be convened at regular intervals as set by the chief judge. Section 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or three (3) days in jail or three (3) days community service. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000.00) or imprisonment for six (6) months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations 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 recognizance to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be

Page 5076

enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14. Appeal and 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 Thomas County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations 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 forty-eight (48) hours prior to such proceedings.

Page 5077

Section 4.16. Power and duties of marshal and clerks; service of summons. The marshal and clerks shall also be officers of the court and shall have for their attendance and services in such court such fees as may be fixed by the city council, which fee shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of the city shall, unless the offense is of such nature as to require the arrest and confinement of the party, be served by the marshal or any policeman of the city with a copy of a summons, signed by the clerk and bearing authority in the name of the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, and the time when and the place where the party is required to appear and stand trial. Section 4.17. Disposition of bond on failure to appear. Any party under bond who shall fail to appear at the time and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that, unless they produce their principal within one (1) week, judgment will be entered up against them for the amount of such bond, and judgment issued against the principal and his securities for the amount of the judgment and costs. Nothing in this section shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order, or security of the city, or to prevent the commission of a crime. ARTICLE V ELECTIONS Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11. Regular elections; time for holding. The city council shall cause an election to be held at such places in the city as the city council shall direct and designate by ordinance prior to each election. The date of all general municipal elections occurring before January 1, 1993, shall be specified by municipal ordinance. All general municipal elections held subsequent to the above date shall be held on the Tuesday next following the first

Page 5078

Monday in November in 1993 and on such day biennially thereafter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. Section 5.12. Use of voting machines. The use of voting machines in all city elections is hereby authorized in accordance with the provisions of the Georgia Municipal Election Code, as amended. This authorization to use voting machines does not preclude the use of paper ballots where, due to circumstances beyond the control of the city, it will be impractical, impossible, or inadvisable to secure or use voting machines, and the city council makes declaration of such fact and enters same upon the minutes of any regular or special city council meeting and thereupon authorizes the use of paper ballots in such election. Section 5.13. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the city council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.14. Election by majority vote. The city council shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15. Special election; vacancies. (a) In the event of a vacancy in the membership of the city council, whether that vacancy is in the office of mayor or any other member, and that vacancy occurs for any reason other than expiration of term, that vacancy shall be filled as provided in this section: (1) If the unexpired term is six months or less, the remaining members of the city council, within ten days after the occurrence of the vacancy, shall appoint a qualified

Page 5079

person to fill the vacancy for the unexpired term and until a successor is elected and qualified; (2) If the vacancy occurs within the first two years of the term of the vacated office and a general municipal election will be held within 180 days but not less than 35 days after the occurrence of that vacancy, then the remaining members of the city council shall appoint, within ten days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election held upon the same date as that general municipal election. The remaining members of the city council shall order that special election to be held on the same date as that general municipal election and the election superintendent of the city shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified; (3) If the vacancy occurs at a time other than as provided for in paragraph (1) or (2) of this subsection, then within 15 days after the occurrence of said vacancy, the remaining members of the city council or those remaining shall order that a special election be called and the election superintendent of the city shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The person elected to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified. (b) The residency requirements set forth in section 5.21 of this charter shall apply to any successor appointed or elected to fill a vacancy pursuant to this section. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

Page 5080

Section 5.16. Designation of city clerk as city registrar, absentee ballot clerk, municipal elections superintendent. The city clerk is hereby designated as the official city registrar to receive from the board of registrars of Thomas County, prior to all city elections, the list of voters residing within the corporate limits of the city who, according to the records of the board, at that time are fully qualified and registered to vote in state and county elections at polling places within the city limits. The city registrar shall, upon receipt of such list, purge same in accordance with the provisions of the Georgia Municipal Election Code and certify such list to the city clerk as the official voters list to be used in pending elections. The city clerk is hereby designated as the absentee ballot clerk and shall conduct such absentee balloting in accordance with the provisions of the Georgia Municipal Election Code, as amended. The city clerk is hereby designated as municipal elections superintendent and shall conduct all city elections in accordance with the provisions of the Georgia Municipal Election Code, as amended. The superintendent shall serve without compensation. In the event of disability or other disqualification of the city clerk, the city council may by official declaration of such fact and the entering of same upon the minutes of any regular or special council meeting thereupon designate such other person as such registrar, absentee ballot clerk, or municipal elections superintendent, and such person shall immediately assume the discharge of all such responsibilities in accordance with the provisions of the Georgia Municipal Election Code, and no such action at any time in the election or run-off process shall be cause to invalidate any subsequent act of such person or persons. Section 5.17. Registration of voters. All persons residing in the city who are qualified to vote and have a valid voter registration on file with the board of registrars of Thomas County, for the purpose of voting in state and county elections at polling places within the city limits, shall be the duly qualified and registered voters of the city and entitled to vote in all city elections for which they are not otherwise disqualified.

Page 5081

Section 5.18. Allocation and designation of council districts. Councilmembers shall be elected as follows: Two (2) members shall be elected from and by the voters of Council District No. 1 and these councilmembers shall be designated as representing Council District No. 1, Post 1 and Council District No. 1, Post 2. Two (2) councilmembers shall be elected from and by the voters of Council District No. 2 and these councilmembers shall be designated as representing Council District No. 2, Post 1 and Council District No. 2, Post 2. One (1) member shall be elected from and by the voters of the city at large and this councilmember shall be designated as the councilmember at large. Section 5.19. Length of term. The councilmembers representing Council District No. 1, Post 1, and Council District No. 2, Post 1, when this charter first becomes effective shall continue to serve out their terms of office, which shall expire December 31, 1991, and upon the election and qualification of their respective successors. The councilmember at large and the councilmembers representing Council District No. 1, Post 2 and Council District No. 2, Post 2 when this charter first becomes effective shall continue to serve out their terms of office, which shall expire December 31, 1993, and upon the election and qualification of their successors. The councilmembers so continued in office shall be the governing authority of the city until their respective successors are elected and qualified pursuant to this charter. After January 1, 1991, successors to each councilmember whose term of office is to expire shall be elected at the general municipal election immediately preceding the expiration of such terms and shall take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified. Section 5.20. Councilmembers elected by voters in their district. Councilmembers elected to represent Council District No. 1 shall be elected only by the qualified voters of the city residing within Council District No. 1; councilmembers elected to represent Council District No. 2 shall be elected only by the qualified voters of the city residing within Council District No. 2. Councilmembers at large shall be elected by all the qualified voters of the city. Each candidate for election to the city council shall, in the manner provided by O.C.G.A. Section 21-3-93, clearly designate the specific office he is seeking. No candidate shall be elected to the office of

Page 5082

councilmember unless such candidate shall have received a majority of the votes cast to fill such office. Section 5.21. Residency requirement. In order to be eligible for election as a councilmember to represent Council District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Council District No. 1; and if a councilmember representing Council District No. 1 removes his residence from Council District No. 1, his office shall be immediately vacated as provided by O.C.G.A. Section 45-5-1. In order to be eligible for election as a councilmember to represent Council District No. 2, a candidate must, in addition to all other requirements imposed by law, be a resident of Council District No. 2; and if a councilmember representing Council District No. 2 removes his residence from Council District No. 2, his office shall be immediately vacated as provided by O.C.G.A. Section 45-5-1. If any councilmember removes his residence from the city, his office shall be immediately vacated as provided by O.C.G.A. Section 45-5-1. Section 5.22. Boundaries of council districts. For purposes of electing members of the city council, the city is divided into two (2) council districts as follows: Council District No. 1 All that portion of the city which lies west of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right-of-way of such railroad to its intersection with the center line of the right-of-way of North Madison Street; run thence in a southeasterly direction along the center line of the right-of-way of North Madison Street to its intersection with the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence easterly along the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right-of-way of South Street; run

Page 5083

thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies west of the line described above and all property within the limits of the city due west of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the city which lies due west of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Council District No. 1 for the purposes of this article. Council District No. 2 All that portion of the city which lies east of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right-of-way of such railroad to its intersection with the center line of the right-of-way of North Madison Street; run thence in a southeasterly direction along the center line of the right-of-way of North Madison Street to its intersection with the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence easterly along the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the

Page 5084

right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies east of the line described above and all property within the limits of the city due east of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the city which lies due east of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Council District No. 2 for the purposes of this article. ARTICLE VI FINANCE Section 6.10. Funds deposited in city treasury. The city council may by resolution or ordinance provide that all moneys and funds coming into any department or the hands of any official or employee, and belonging to the city, shall be turned into the city treasury as often as may be practicable, for which the city treasurer shall keep accurate records and issue valid receipts to the department or official making such deposits. Wherever practicable, such deposits shall be made with the city treasurer daily, and the city treasurer may be required by the board or the city manager at any time to prepare a financial statement of his affairs. Section 6.11. 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. Such tax on real or personal property shall be ad valorem and not exceeding one-half of one (1) percent for ordinary current expenses. Section 6.12. 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

Page 5085

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 voluntary payment of taxes prior to the time when due, and to establish discounts for early payments. Section 6.13. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19. Section 6.14. Licenses; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.19. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.15. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the city receives just and adequate compensation therefor. Section 6.16. Service charges; credit allowed for sewer connections. (a) The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary

Page 5086

and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.19. (b) Any person desiring to tap on to the sewerage system of the city may do so subject to the rules and regulations prescribed elsewhere in this charter and applicable ordinances adopted by the city council for that purpose. The city council is hereby authorized to collect the charges for such connection in cash in advance or on an amortized basis with the terms of payment and interest rates to be established from time to time by the city council and within the authority contained in this section. The city is hereby given the power to charge legal rates of interest on all amortized payments and to make the terms of such payments extend over as many months or years as the city may by ordinance prescribe. The passage of an ordinance for the connection of an individual property sewer line to any existing sewer lateral of the city, together with an ordinance determining the cost of the same and assessing the charges against the property of any person not paying in full his tapping fee, as prescribed by ordinance, shall, when properly entered on the minutes of the city council, be notice of such lien from the date of the approval of such ordinance for such sewerage tap as full and completely as if the same were in shape of an execution and entered on a docket of the clerk of the superior court under the general registration law. The clerk of the city shall maintain an assessment roll for all unpaid sewer tap fees. Section 6.17. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.19. Section 6.18. 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.

Page 5087

Section 6.19. 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 6.11 through 6.18 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 6.20. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. Section 6.21. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.22. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.23. 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 6.24. Budgets. (a) The city council shall approve annually a budget on all operations and capital improvements of the city and the total appropriations from any funds shall not exceed the estimated fund balance, reserves and revenues. (b) Public review and comment on said budgets shall be conducted in accordance with Article 1 of Chapter 81 of the Official Code of Georgia Annotated, relating to budgets and audits.

Page 5088

Section 6.25. Independent audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Copies of all audit reports shall be available at printing costs to the public. Section 6.26. Bonding of employees. Any city officials handling funds or authorizing payment of funds shall be bonded in an amount provided by resolution of the city council or as may be provided by law. The city shall pay for such bond or bonds. ARTICLE VII AIRPORT Section 7.10. Authority to acquire land for airport. The city council is authorized to acquire by purchase, lease, or gift, whether within or without the present corporate limits of the city, but within the County of Thomas and within reasonable distance of the city, sufficient land for the establishment and operation of a municipal airport as may be needed in the conduct and advancement of aviation. Section 7.11. Bond issues authorized. The city council shall have the right if found necessary to carry into effect the provisions of Section 7.10 of this article to issue bonds in such amounts as may be necessary for the purchase, equipment, and operation of the municipal airport by complying with the laws of the state relative to the issue of bonds by municipalities. The amounts, date of maturity, and rate of interest thereon are to be fixed by the city council. Section 7.12. Control over airport. The city council shall have and exercise entire control in the matter of construction, operation, police, government, and rules and general management of the airport, whether located within or without the present corporate limits of the city. ARTICLE VIII PENSIONS Section 8.10. Pensions authorized. The city council shall have the power and authority to grant a pension to employees

Page 5089

in any, each, and all departments of the city, except such as are hereby expressly excluded. Section 8.11. General powers. The city council shall have the power to provide for and grant pensions or other compensation to employees in each and all departments thereof (except as herein expressly excluded) where and when such employees have performed such services and made such contributions as shall be prescribed by the city council. The city council shall have the further authority to provide for the return of contributions made by employees under any plan adopted hereunder, to such employees, or, in case of their death, to such other persons as the city through its governing body may prescribe. Section 8.12. Authority to be exercised by ordinance. The city council, by proper ordinance, except as otherwise provided in this article, is hereby vested with full and complete power, authority, and discretion to determine when and to what amount of pension is to be paid and to determine any and all facts relating to the granting, refusal, suspension, or revocation of pensions, compensation, or other gratuities under this article. Section 8.13. Board of Trustees. The city council is empowered to establish, to serve without pay, a board of trustees whose duty it shall be to manage the pension fund. This board shall make all rules and regulations for the payment of such funds to those entitled to receive them, not in conflict with this article or any lawful ordinance passed in pursuance thereof. Section 8.14. Tax on salary of employees, ad valorem tax to match salary tax. The city council is authorized and empowered to levy and collect a tax on the salaries of all its employees in all departments affected by this article, and the city treasurer is hereby authorized to retain such sums from the salaries of the employees. The city council is authorized and empowered to levy a tax on all the taxable property of the city, ad valorem, not to exceed but to equal all revenue raised or received from city employees by reason of the tax herein authorized. The city council may, in its sole discretion, appropriate from any revenues of the city, not specifically directed by law to be applied to other purposes, a sum equal to all revenue and contributions raised or received from all city employees and such further sums as may be deemed necessary for the sound inauguration and administration of the system authorized

Page 5090

by this article. All of such funds shall be turned over to the city treasurer and shall be kept in a separate fund and shall be disbursed under the terms of this article, and all valid ordinances passed and adopted in pursuance thereof. Section 8.15. Relation between city and employees not contractual. This article, or any ordinance passed in pursuance thereof, shall not create a contractual relation between the city 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 article, the actual funds on hand shall be prorated among the beneficiaries. Section 8.16. Funds not subject to attachment, not assignable. None of the funds herein mentioned shall be subject to attachment, garnishment, judgment, or other legal process; nor shall such funds be assignable but shall be paid to the beneficiary. Section 8.17. Investment of excess funds. 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 and reinvest such funds held by it in any investments which are legal investments of domestic insurance companies under the laws of this state. Section 8.18. Employee, defined. The term employee as used in this article shall be deemed to embrace and include all persons performing regular service in the employ of the city, in any, each and all departments thereof, except the mayor, members of the city council, the city attorney, the city auditor, the municipal court judge, all employees of the public school system, and any casual or part-time employees. Casual or part-time employees or certain classes thereof may be clearly defined and may or may not be included by the city council as it may determine and prescribe by proper ordinance from time to time. Section 8.19. Legislative intent. The intention of this article is to authorize and empower the city council to provide a pension system for employees of such city, and to prescribe by ordinance 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 article.

Page 5091

Section 8.20. Group insurance. The city council may, in its discretion, in providing the pension system, insure such pension payments by purchasing group annuity and disability insurance. Section 8.21. Social security in lieu of pension plan. The city council may, in its discretion, substitute, in whole or in part, social security payments by the municipality and employees and the benefits accruing therefrom, in lieu of such pension plan as outlined herein. ARTICLE IX WATER AND LIGHT SYSTEM Section 9.10. Electric lighting plant authorized. The city is hereby authorized and empowered to buy or build and equip an electric utility system in the city for the purpose of furnishing electric power for the streets and buildings of the city, and to contract with any person, persons, firm or corporation for the furnishing of electric lights, electric power, and all other purposes for which electricity generated by such plants are now, or may hereafter, be used, for use in streets, roads, buildings in and on any territory as permitted by the Georgia Territorial Electric Service Act, O.C.G.A. 46-3-1 et seq., or as otherwise permitted by law.. Section 9.11. Sale of power authorized. The city council is hereby authorized and empowered to operate such an electric lighting plant for its own benefit and sell electric power to consumers. Section 9.12. Employment of necessary personnel. The city council of the city is hereby authorized and empowered to employ all necessary officers and employees to operate the electric utility system and to control the same. Section 9.13. Superintendent of water and light department, appointment. The city council shall appoint a general superintendent of the water and light department at its January meeting or at such other time as it may then designate. Section 9.14. Water and light department general reserve fund. A fund shall be created and maintained to be known as the City of Thomasville Water and Light Department General Reserve Fund. The city, from revenues derived from the operations

Page 5092

of its water and electric systems now owned or which it may hereafter acquire, shall pay into such fund twenty (20) percent of the net income from its systems before depreciation charges are made. The moneys in such fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or which may hereafter be acquired by the city in connection with the operation of its water and electric systems and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections. Section 9.15. Water and light commissioncreation, officers, duties. A board is hereby created to be known as the City of Thomasville Water and Light Commission, composed of the members of the city council and their successors in office and who shall serve without additional compensation to that received as councilmembers. The mayor shall be the chairman of such water and light commission. The treasurer and clerk of the city shall serve respectively as treasurer and clerk for such water and light commission and without additional compensation. It shall be the duty of such water and light commission to create and maintain the City of Thomasville Water and Light Department General Reserve Fund as herein provided. All sums in such fund, in excess of amounts required for immediate disbursement regularly ordered, shall be invested. Investments shall be limited to direct and general obligations of the United States government or its agencies, or guaranteed by the United States government or its agencies as to both principal and interest, municipal and state bonds, bank certificates if protected by escrow of an equal value of the above type investments, or federal savings and loan to the limit covered by insurance, except that the fund shall not be invested in bonds of the city. All interest accumulations from such bonds in the fund shall be invested in such fund. All bonds bought for the fund shall be on approval first hand from the city council. Of the bonds held there may be sold at any time a sufficient amount to pay for any expense incurred for any of the purposes for which the fund was created and which has been duly ordered paid. No expenditure of money or proceeds from the sale of any bonds held in the fund shall be ordered for any purpose other than those specified in Section 9.14 hereof, and except upon approval of the water and light commission and a resolution carried by majority vote of the entire city council, which approval and resolution must first be fully entered on the minutes of the city council. No money shall be paid out of

Page 5093

the fund except by voucher signed by the treasurer and countersigned by the chairman of the water and light commission and the general superintendent of the water and light department. The water and light commission shall, with approval of the city council, designate a depository for the fund, and the treasurer shall make bond in an amount set by the water and light commission, payable to the city and approved by the city council, for the proper protection of the fund. The water and light commission shall, with approval of the city council, designate a box in a safety-deposit vault for the keeping of the bonds and securities held in such fund, which box shall not be opened and gone into except by a person or persons designated by the city council. Section 9.16. Samecomposition. The city council and their successors in office shall constitute the City of Thomasville Water and Light Commission. Section 9.17. Samereports. The superintendent of the water and light department shall make written reports to the city council at the first regular meeting of the city council in the months of January, April, July, and October of each year, which reports shall show in detail the acts, transactions, and operations of the water and light commission for each quarter year respectively, with a statement of bonds held, bought, and sold and all moneys received and paid out. Such reports shall be examined by the city council and recorded in the minutes. Section 9.18. Election prerequisite to sale or lease of water and light system. The water and light plants and systems now owned by the city or hereafter acquired shall not be sold or leased without first being authorized by a two-thirds majority of the registered voters of the city voting in an election held for that purpose, which election, if held, must be by resolution of the city council, and after notice thereof shall have been published by the city clerk for thirty (30) days in each consecutive issue of a weekly or daily newspaper published in the city, and within fifteen (15) days after the last publication of such notice. ARTICLE X GAS SYSTEM Section 10.1. Gas system authorized. The city is hereby empowered to buy, lease, construct, or otherwise acquire, extend,

Page 5094

operate, and maintain gas (natural or manufactured) generating and distribution systems, together with all necessary appurtenances thereof, and to buy gas (natural or manufactured), and to sell such gas to consumers in the city and surrounding territory and to do any and all other things necessary or incidental thereto. Section 10.2. Gas system renewal and extension reserve fund. (a) A fund shall be created and maintained to be known as the City of Thomasville Gas System Renewal and Extension Reserve Fund. The city, from revenues derived from the operation of its gas system shall pay into such fund twelve (12) percent of the net income from the gas system before depreciation charges are made. The moneys in the fund shall be used and applied solely for: (1) Improvements, extensions, and replacements of lands, building, equipment and distribution systems now owned and used or which may hereafter be acquired by the city in connection with the operations of its gas system, and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections. (2) In case of an emergency having a major effect upon the gas system caused by some extraordinary occurrence and which makes it necessary to use funds of the gas system for the alleviation or removal of such effects and an insufficiency of money exists in the revenue fund to meet such emergency. (b) No expenditure of money shall be made from this fund except upon approval by the city council. (c) All sums in the fund, in excess of amounts required for immediate disbursement may be invested in securities which are direct and general obligations of the United States government or its agencies, or guaranteed by the United States government or its agencies as to the principal and interest, municipal and state bonds, bank certificates if protected by escrow of an equal value of the above-type investments, or federal savings and loan to the limit covered by insurance, except that the fund shall not be invested in bonds of the city. All interest accumulations from such bonds in the fund shall be invested in the fund.

Page 5095

(d) All depositories and all signatures for disbursement of funds shall be designated by resolution of the city council. ARTICLE XI SCHOOLS AND BOARD OF EDUCATION Section 11.1. Public school system established. There shall be established, conducted, maintained, supported, and provided for by local taxation and otherwise, in the manner hereinafter provided in this article, a system of public schools in and for the City of Thomasville, Thomas County, Georgia. Section 11.2. Tax for support of schools. The board of education shall determine, as early as practicable in each year what amount of money will be necessary to raise by taxation to defray the expenses of the public schools for the ensuing year and shall lay the same before the city council for city. The city council for the city is hereby authorized, and shall be required, to levy a tax annually in addition to that now authorized by the law on all the taxable property of the city, not to exceed two (2) percent on the same. When collected, the collecting officers of the city shall pay the same over to the treasurer of the board of education, to be disbursed for the maintenance of the public schools and be paid out under order of the board under such regulations as they may prescribe. Such taxes shall be collected by levy and sale as other taxes of the city are collected. Section 11.3. Composition and election. The board of education of the independent school district of the city shall consist of seven (7) members. The board of education elected under this section shall in all respects be a successor to and continuation of the board of education elected under prior law. Members of the board of education shall be elected at the general municipal election conducted by the city in 1991 and biennially thereafter at the general municipal election in each odd-numbered year. Section 11.4. Election of successors. (a) Successors to members in office shall be elected as follows: Three (3) members shall be elected from and by the voters of Education District No. 1 and these members shall be designated as representing Education District No. 1. Three (3) members shall be elected from and by the voters of Education District No. 2 and these members shall be designated as representing Education District No. 2. One (1) member

Page 5096

shall be elected from and by the voters of the Thomasville school district at large and this member shall be designated as the member at large. These members shall be elected as provided in this Section. (b) The member at large and those two members of the board of education representing Education District No. 1 and the one member of the board of education representing Education District No. 2, all of whom are serving as such members when this charter first becomes effective and whose terms of office expire December 31, 1991, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Those two members of the board of education representing Education District No. 2 and the one member of the board of education representing Education District No. 1, all of whom are serving as such members when this charter first becomes effective and whose terms of office expire December 31, 1993, shall continue to serve out their terms of office and until their respective successors are elected and qualified. After January 1, 1991, successors to members of the board of education whose terms of office are to expire shall be elected at the general municipal election immediately preceding such expiration of terms and shall take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified. Section 11.5. Members to be elected by voters in their district. Members elected to represent Education District No. 1 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 1; and members elected to represent Education District No. 2 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 2. Members at large shall be elected by all the qualified voters of the Thomasville school district. Section 11.6. Candidates to designate district; exceptions. Each candidate for election to the board of education shall clearly designate whether he is seeking election to represent Education District No. 1 or to represent Education District No. 2 or at large. However, in any election at which two (2) or more members are to be elected to represent either Education District No. 1 or No. 2, a candidate shall not be required to designate a specific post or designate a specific member he seeks to succeed, so that in any such election all candidates to represent such education district shall

Page 5097

run against all other candidates to represent such education district. If there are to be elected two (2) members to represent an education district, the two (2) candidates receiving the highest numbers of votes shall be elected; and if there are to be elected three (3) members to represent an education district, the three (3) candidates receiving the highest numbers of votes shall be elected. In the election of members to represent an education district, an elector of that education district shall vote for the same number of candidates seeking election from such education district as the number of members to be elected to represent such education district; and such an elector shall not cast more than one (1) vote for any such candidate. Section 11.7. Candidates elected by plurality vote. All candidates shall be elected to the board of education by plurality vote, without regard to whether any candidate receives a majority of the votes cast; and no run-off election shall be held except in the case of a tie vote. All elections under this section shall be nonpartisan elections. Section 11.8. Vacancies. Any vacancy on the board of education occurring other than because of the expiration of a term of office shall be filled by the board of education, a majority vote of all the remaining members being necessary for such election. Section 11.9. Residency requirement. In order to be eligible for election as a member to represent Education District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Education District No. 1; and if a member representing Education District No. 1 removes his residence from Education District No. 1, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. In order to be eligible for election as a member to represent Education District No. 2, a candidate must, in addition to all other requirements imposed by law, be a resident of Education District No. 2; and if a member representing Education District No. 2 removes his residence from Education District No. 2, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. If any member removes his residence from the Thomasville school district, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A.

Page 5098

Section 11.10. Boundaries of districts defined. For purposes of electing members of the board of education, the thomasville school district is divided into two (2) education districts as follows: Education District No. 1 All that portion of the City of Thomasville which lies west of a line through the approximate center of the City of Thomasville, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right-of-way of such railroad to its intersection with the center line of the right-of-way of North Madison Street; run thence in a southeasterly direction along the center line of the right-of-way of North Madison Street to its intersection with the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence easterly along the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the City of Thomasville which lies west of the line described above and all property within the limits of the City of Thomasville due west of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due west of a line created by extending in the southerly direction the southern terminus of the line described above

Page 5099

shall be deemed to lie within Education District No. 1 for the purposes of this article. Education District No. 2 All that portion of the City of Thomasville which lies east of a line through the approximate center of the City of Thomasville, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., and run south along the center line of the right-of-way of such railroad to its intersection with the center line of the right-of-way of North Madison Street; run thence in a southeasterly direction along the center line of the right-of-way of North Madison Street to its intersection with the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc.; run thence easterly along the center line of the right-of-way of the east-west line of the former Seaboard Coast Line Railroad, now CSX Transportation, Inc., to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the City of Thomasville which lies east of the line described above and all property within the limits of the City of Thomasville due east of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the City of Thomasville which lies due east of a line created by extending in the southerly direction the southern terminus of the line described above shall be deemed to lie within Education District No. 2 for the purposes of this article.

Page 5100

Section 11.11. Officers, quorum, meetings. The officers of the board shall be a president, vice-president, and secretary and treasurer. The office of secretary and treasurer shall be filled by one (1) and the same person, who shall before entering upon the duties of his office take and subscribe an oath to faithfully discharge the duties of his office and shall give bond in such sum as may be fixed by the board to faithfully account for all moneys coming into his hands as such officer, which such bond shall be made payable to the board of education, and the board of education is hereby empowered to bring suit and to maintain upon such bond in any courts of this state for a breach of such bond by the secretary and treasurer, and the proceeds of such suit shall be applied to the public schools of this city. The secretary and treasurer shall not pay out any moneys except by order of the board. No officer of the board shall receive any compensation except the secretary and treasurer, whose compensation shall be fixed by the board. His books shall be open for inspection by the members of such board. The secretary may or may not be a member of the board of education. A quorum of the board of education shall consist of a majority of the members. The board of education shall have regular monthly meetings, the time of such meetings shall be fixed by them, and they shall meet more often as the public school interests may require. Their officers shall be elected by ballot and shall hold their office for one (1) year and until their successors are elected and qualified. Section 11.12. Power and authority. The board of education shall have authority to establish and from time to time modify a system of public schools for the city, to be open not less than eight (8) and not more than ten (10) scholastic months in each year. The board of education, as soon after their election as practicable, shall make provisions for the opening of the public schools. The board of education shall have authority to purchase, build, engage, and rent buildings for school purposes and to accept gifts and donations of property, money, and other things for school purposes under this article; and all deeds taken to real property shall inure to the board of education for the city and their successors in office. The board shall have the authority to employ a superintendent and other teachers for the public schools and to prescribe their duties and to suspend or discharge them for good causes, to prescribe the terms upon which pupils shall be admitted to such public schools, and to make such rules and regulations and bylaws as they deem right and proper for maintaining a system of public

Page 5101

schools for the city. The board of education shall have the power to fix the compensation of all teachers employed in such public schools and to pay same. The board shall keep the minutes of each meeting, which shall be open to the inspection of the city council for the city or any citizen of the city. The board of education shall regulate the curriculum and the books to be used in such school. Whenever the board of education shall determine that any real or personal property is not needed for school purposes, the board shall have the authority to rent or lease the property upon such terms and conditions as the board shall deem advisable or to sell such property at public or private sale in the discretion of the board and to convey such property by warranty deed. A copy of the action of the board in this connection shall be spread upon the minutes. Section 11.13. Jurisdiction and powers unaffected by adoption of charter. The jurisdiction and the powers and duties of the board of education are hereby expressly preserved and shall in no way be affected by the adoption of this charter. ARTICLE XII STREET IMPROVEMENTS Section 12.1. Power and discretion of city council. It is expressly intended by this article to confer upon the city council power to order the paving, repaving, or improvement of any streets, public alleys, or public places in the city whenever in its judgment and discretion it may be necessary, and whenever the city council shall provide at least one-third the total cost of such work, and assess the remainder of the cost of the improvement in accordance with the provisions of this article against the abutting property owners. The city 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 cost of such improvement, and to cause to be put in and constructed all water, gas or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage.

Page 5102

Section 12.2. Authority for public necessity paving; written protests. Whenever the city council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane or any part thereof, within the limits of the city, the city council shall be resolution declare such work or improvement necessary to be done and such resolution shall be published in ten (10) consecutive issues of a daily newspaper published and having a general circulation in the city. If the owners of a majority of the land liable to assessment to pay for such improvement of any such highway shall not within fifteen (15) days after the last publication of such resolution file with the clerk of the city their protest in writing against such improvement, then the city council shall have power to cause the improvement to be made and to contract therefor, and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes or other public places or parts thereof to be so improved may be included in one (1) resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the city council for such improvement of any street or part of street, alley, lane or avenue, or other public place, it shall thereupon be the duty of the city council to promptly cause such improvements to be made, and in such cases the resolution hereinbefore mentioned shall not be required. Section 12.3. Authority to pave streets and sidewalks upon petition of abutting land owners; assessments; railroad assessment; property owners payments. (a) Whenever the owners of a majority of the usable frontage of property in any block fronting on any street shall petition, in writing, the city council of the city to have the street paved, or paved and curbed, the sidewalks curbed or curbed and paved, or sidewalks and streets paved and curbed, the city council shall comply with the petition, counting one (1) street intersection with each block, and assess the cost of such improvements in accordance with the provisions of this article. (b) The city council of the city is authorized and empowered to improve the streets, avenues, public alleys and other places in the city by paving, repaving, curbing, guttering and draining the same, including the installation of manholes, catch basins, and the necessary draining pipes, whenever in their discretion the public good may require it, with such form of improvement as to

Page 5103

such board may seem proper, and assess up to two-thirds of the cost thereof upon abutting property owners, provided that any railway company having tracks on any street or public place, or portion thereof paved, repaved, or otherwise improved under this article shall be required to pay the whole cost of paving, repaving, or otherwise improving the street, avenue, public place or alley, part of street or public place so improved, for the full width of the right-of-way of such railroad company. Section 12.4. Presumption of acceptance, assessment of abutting real estate, creation of lien, payment. (a) After the passage of an ordinance providing for the improvements hereinbefore set out, all property owners to be assessed for the cost of such improvement who do not, within fifteen (15) days thereafter, commence legal proceedings to prevent such assessment being made shall be conclusively presumed to have accepted the terms of such ordinance and shall have agreed that the assessment hereinafter provided for shall be made. Thereupon it shall be the duty of the city council to forthwith cause such improvement to be made in accordance with the plans and specifications prepared. In order to make effective the power and authority above given and to provide funds therefor, the city council shall have full power and authority to assess up to two-thirds of the cost of paving the sidewalks and placing curbing by the same against the real estate abutting on the sidewalks, but only on the side of the street on which same is improved, if on one (1) side only. The city council shall have full power to assess up to one-third of the cost of paving or otherwise permanently improving any roadway or street proper on the real estate abutting on one (1) side of the street so improved, and up to one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the street not together to be assessed more than two-thirds of the cost. In computing the cost of such paving and improvement one (1) street intersection shall be counted with each block. The city council shall have authority to pave or otherwise improve the whole surface of any street, sidewalk, or alley of the city, without giving any property holder or occupant on the street the option to have the space to be paved or otherwise improved by themselves or by a contract at his instance or its instance, the object being to prevent delay and to secure uniformity. (b) A corner lot, which is the subject of a second street paving assessment, one (1) street on which the lot abuts having

Page 5104

already been paved pursuant to the provisions of this article and up to one-third the cost thereof having been assessed against the lot, shall be assessed only for such footage of the lot abutting the second street so paved as shall be in excess of seventy-five (75) feet. Under such circumstances, the assessable frontage for the street improvement project will be the total of the collective abutting real estate on the street to be improved less the corner lot footage to which this provision is applicable. Provided, however, that the requirements of this section applicable to railway companies right of way shall remain in effect. Provided further, that in determining the majority in frontage of the owners of any block for which a petition for paving has been received as contemplated in Section 12.3(a), above, only that frontage of a corner lot assessable shall be counted. (c) When the city council orders any street, sidewalk or alley in the city paved or otherwise permanently improved, upon which any public property abuts, then, and in that event, the city council is hereby expressly authorized to assess the cost of paving or otherwise permanently improving such street, sidewalk, or alley upon which such public property abuts, against such public property in the same manner, and for the same amount only, as the city council are herein authorized to assess the cost of paving or otherwise improving any street, sidewalk, or alley upon which private property abuts, against the abutting private property, the public property to be assessed no more in proportion for such paving or other permanent improvement than private property is herein liable to be assessed. (d) Upon the completion of the improvements contemplated in the foregoing sections and paragraphs the assessing ordinance shall assert a lien to date back to the approval of the original ordinance or resolution and declare the same. ARTICLE XIII THOMASVILLE PAYROLL DEVELOPMENT AUTHORITY Section 13.1. Constitutional amendment. That constitutional amendment creating the Thomasville Payroll Development Authority having been continued in force and effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4552), pursuant to the authority of Article XI, Section I, Paragraph IV(b) of the Constitution, the text of such amendment is as provided in Section 13.2 of

Page 5105

this article. Since such continued amendment may not be amended, for purposes of that amendment only, the City Council of Thomasville established by this charter shall be deemed to be the Commissioners of the City of Thomasville referred to in that amendment. Section 13.2. A. There is hereby created a body corporate and politic to be known as the Thomasville Payroll Development Authority; which shall be deemed to be an instrumentality of the City of Thomasville and a public corporation, and in that name, style and title such body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change same may be accomplished by an Act of the General Assembly. B. The said Authority is created for the purpose of expanding and developing industry in the City of Thomasville and County of Thomas and for improving the general welfare of said county. C. The Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Thomasville; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County; one of whom shall be the President of the Thomasville-Thomas County Chamber of Commerce; the remaining two members shall be appointed by the Commissioners of the City of Thomasville. (1) The terms of office of the members representing the Mayor of the City of Thomasville, the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County, and the President of the Thomasville-Thomas County Chamber of Commerce, shall run concurrently with their tenure of office, and their successor in such respective offices shall succeed them as members of the said Authority. (2) The term of office as a member of the Authority with respect to the two remaining members shall be three years and until their successor is elected and qualified. In case of a vacancy the Commissioners of the City of Thomasville shall elect a successor whose term shall be for three years, and until his successor is elected and qualified.

Page 5106

(3) Upon election or qualifying by virtue of holding the office of Mayor of the City of Thomasville, President of the Thomasville-Thomas County Chamber of Commerce or Chairman of the Board of Commissioners of Roads and Revenues of Thomas County the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Thomasville, to-wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Thomasville Payroll Development Authority without remuneration, So Help Me God. (4) In the event the Mayor of the City of Thomasville, The President of the Thomasville-Thomas County Chamber of Commerce, or the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County shall resign as a member of said authority during their term of office, or fail and refuse to qualify and take the prescribed oath, then there shall be deemed a vacancy which may be filled by the Commissioners of the City of Thomasville by election of a member whose term shall run concurrently with the term of office of such official refusing to qualify and serve. (5) The members of the said Authority shall be entitled to no compensation. D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Thomasville Payroll Development Authority, created hereby. (2) The word Project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

Page 5107

(3) The term cost of project shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project. E. The County of Thomas and the City of Thomasville are expressly authorized to enter into contracts with the Authority as a public corporation. F. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. G. The powers of the Authority herein created shall include, but not limited to, the power: (1) To have a seal and alter the same at pleasure. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Thomasville and the County of Thomas, and other municipalities and other political subdivisions and with private persons and corporations. (3) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. (4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land,

Page 5108

buildings, and property of all kinds within the County of Thomas. (5) To enter into contracts for periods of time not in excess of one hundred (100) years. (6) 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 easement 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 the authority hereby granted except from funds provided under the authority hereby granted, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding 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 or use any project already constructed on lands, the title to which shall be in the County of Thomas and/or the City of Thomasville, the governing authorities of the County of Thomas and the City of Thomasville are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. (7) To encourage and promote the expansion of industry, trade, agriculture, commerce and recreation in the City of Thomasville, County of Thomas, and to make a long range plan therefor. (8) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction

Page 5109

of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. (10) To construct, erect, acquire, own repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and to pay the costs of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (11) To elect its own officers from the membership of the Authority; to elect an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, with reference to the issuance of such revenue-anticipation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority. (13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof. (14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the Authority. (15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages,

Page 5110

deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing. (16) To do all things within its powers to encourage industrial growth and agricultural development in Thomas County, and to encourage the location of new industries in said county. (17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State. (18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (19) To receive and administer gifts, grants and donations and to administer trusts. (20) To do all things necessary and convenient to carry out the powers expressly conferred by this Resolution, upon the Authority. (21) To adopt, alter or repeal its own by-laws, 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. H. The City of Thomasville is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein. I. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

Page 5111

J. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Thomasville, the State of Georgia, nor Thomas County. K. The property, obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Thomasville. L. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. M. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any persons, firm or corporation. N. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to the City of Thomasville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. O. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and a copy of the same shall be filed with the Clerk of the City of Thomasville, and shall be available for public inspection; the City of Thomasville may at any time, at its own expense, have such books and records audited. ARTICLE XIV GENERAL PROVISIONS Section 14.10. Prior ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 14.11. 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

Page 5112

such city agencies, personnel, or offices as may be provided by the city council. Section 14.12. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The word city means the City of Thomasville. Section 14.13. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 14.14. Specific repealer. An Act incorporating the City of Thomasville in the County of Thomas, approved October 3, 1889 (Ga. L. 1889, p. 854), and the Act approved March 15, 1943 (Ga. L. 1943, p. 1601), are repealed in their entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 14.15. Effective date. This Act shall become effective upon July 1, 1990. Section 14.16. 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 1990 session of the General Assembly of Georgia a bill to provide a new charter for the City of Thomasville; to provide for the

Page 5113

incorporation, powers, and boundaries of the city; to provide foar 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. Carl L. Rowland City Clerk-Treasurer For the Board of Commissioners GEORGIA, THOMAS COUNTY Personally, before me, the undersigned authority duly authorized to administer oaths, comes Den Dickerson, who on oath deposes and says that he is the Publisher of the Thomasville Times Enterprise, which is the official organ of Thomas County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in said Thomasville Times Enterprises in its issue of February 9, 1990. /s/ Den Dickerson Publisher Sworn to and subscribed before me this 14th day of February, A.D., 1990. /s/ Carl Rowland Notary Public, Thomas County, Georgia My Commission Expires Jan. 3, 1992 (SEAL) Approved March 30, 1990.

Page 5114

CITY OF LAWRENCEVILLE CORPORATE LIMITS; MAYOR; COUNCILMEMBERS; TERMS. No. 1119 (House Bill No. 1998). AN ACT To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to provide for the annexation of certain property and to redefine the corporate limits of said city; to provide for retaining terms of office of two years for the mayor and councilmembers; to provide for the date of municipal elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, is amended by striking subsection (a) of Section 1.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A attached hereto and made a part of this Act. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be `Official Map (or description) of the corporate limits of the City of 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 striking subsection (a) of Section 5.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Pursuant to the provisions of Code Section 21-3-64 of the O.C.G.A., a municipal general election shall be held annually

Page 5115

on the Tuesday next following the first Monday in November, and two-year terms of office for the mayor and councilmembers as provided in this charter are retained. Section 3. Said Act is further amended by striking Appendix A in its entirety and substituting in lieu thereof a new Appendix A to read as follows: APPENDIX A LEGAL DESCRIPTION CITY LIMITS LINE LAWRENCEVILLE, GEORGIA All that tract and parcel of land lying and being in Land Lots 81, 82, 83, 84, 85, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 207, 208, 209 and 210 of the 5th Land District of Gwinnett County, Georgia. Also all that tract and parcel of land lying and being in Land Lots 6, 7, 8, 9, 10, 11, 12, 13, 28, 29, 30, 48 and 49 of the 7th Land District of Gwinnett County, Georgia described as follows: BEGINNING at the land lot corner common to Land Lots 180, 181, 204 and 205 of the 5th Land District; thence from said point of beginning in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 675 feet, more or less, to a point; thence South 30 degrees 15 minutes 29 seconds East a distance of 60.26 feet to a point on the Northwesterly 60 foot right-of-way line of McCart Road; thence Southwesterly along the Northwesterly right-of-way line of McCart Road the following courses and distances: South 35 degrees 50 minutes 34 seconds West a distance of 105.15 feet to a point; South 31 degrees 41 minutes 09 seconds West a distance of 106.12 feet to a point; South 26 degrees 45 minutes 00 seconds West a distance of 101.10 feet to a point; South 32 degrees 36 minutes 50 seconds West a distance of 126.27 feet to a point; thence North 68 degrees 23 minutes 23 seconds West a distance of 351.6 feet to the land lot line dividing Land Lots 180 and 181; thence in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 2070 feet, more or less, to the land lot corner common to Land Lots 172, 173, 180 and 181; thence South 58 degrees 54 minutes West along the land lot line dividing Land Lots 172 and 173 a distance of 671 feet to a point; thence North 29 degrees 24 minutes West a distance

Page 5116

of 1530 feet, more or less to a point; thence South 58 degrees 58 minutes West a distance of 1760 feet, more or less, to a point located 500 feet East of the centerline of New Hope Road; thence in a Southeasterly direction along a line located 500 feet east of the centerline of New Hope Road and following the curvature of New Hope Road a distance of 1647 feet, more or less, to a point; thence North 41 degrees 07 minutes 41 seconds East a distance of 144 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 173; thence North 59 degrees 42 minutes 15 seconds East along the land lot line dividing Land Lots 172 and 173 a distance of 1041.05 feet to a point; thence South 33 degrees 06 minutes 15 seconds East a distance of 265.44 feet to a point on the most Northwesterly 50 foot right-of-way line of Hickory View Drive; thence North 67 degrees 30 minutes 03 seconds East along the most Northwesterly 50 foot right-of-way line of Hickory View Drive a distance of 237.56 feet to a point; thence South 29 degrees 38 minutes 01 seconds East a distance of 243.84 feet to a point; thence North 51 degrees 39 minutes 55 seconds East a distance of 265 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 181; thence South 30 degrees 35 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 433.65 feet to a point; thence South 30 degrees 15 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 147.93 feet to a point; thence South 30 degrees 01 minutes 44 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 298.44 feet to a point; thence South 48 degrees 40 minutes 59 seconds West a distance of 1390 feet, more or less, to the Southern boundary of property now or formerly owned by S. R. Fields; thence South 48 degrees 45 minutes West a distance of 1117.70 feet, more or less, to a point; thence South 30 degrees 32 minutes East a distance of 633.7 feet to a point; thence North 59 degrees 28 minutes 12 seconds East a distance of 310.13 feet to a point; thence North 59 degrees 00 minutes 24 seconds East a distance of 321.49 feet to a point; thence South 50 degrees 33 minutes 00 seconds East a distance of 369.57 feet to a point; thence North 41 degrees 07 minutes 14 seconds East a distance of 188.40 feet to a point on the Southwesterly 80 foot right-of-way line of New Hope Road; thence South 51 degrees 01 minutes 59 seconds East a distance of 90.69 feet to a point; thence South 47 degrees 31 minutes 08 seconds East an arc of 489.22 feet, a chord of 488.91 feet and a radius of 3988.00 feet to a point; thence South 44 degrees 00 minutes 16 seconds East a distance of 148.70 feet to the intersection of the Southwesterly 80 foot right-of-way line of New Hope

Page 5117

Road and the centerline of Simonton Road; thence South 57 degrees 43 minutes 59 seconds West along the centerline of Simonton Road a distance of 94.52 feet to a point; thence South 58 degrees 21 minutes 25 seconds West along the centerline of Simonton Road a distance of 326.02 feet to a point; thence South 58 degrees 24 minutes 40 seconds West along the centerline of Simonton Road a distance of 304.33 feet to a point; thence North 34 degrees 22 minutes 48 seconds West a distance of 227.81 feet to a point; thence North 31 degrees 25 minutes 08 seconds West a distance of 200.00 feet to a point; thence South 58 degrees 36 minutes 27 seconds West a distance of 149.99 feet to a point; thence South 31 degrees 25 minutes 08 seconds East a distance of 428.07 feet to a point; thence South 58 degrees 22 minutes 40 seconds West a distance of 261.66 feet to a point; thence South 58 degrees 48 minutes West a distance of 10.00 feet to a point; thence North 30 degrees 24 minutes West a distance of 872.43 feet to a point; thence North 30 degrees 32 minutes West a distance of 621.69 feet to a point; thence South 49 degrees 04 minutes West a distance of 842.11 feet to a point on the land lot line dividing Land Lots 149 and 172; thence North 30 degrees 41 minutes West along said land lot line a distance of 10.16 feet to a point; thence North 30 degrees 52 minutes West along said land lot line a distance of 1050.5 feet to a point; thence North 51 degrees 43 minutes East a distance of 770 feet, more or less, to a point located 500 feet West of the centerline of New Hope Road; thence North 50 degrees 36 minutes 15 seconds East a distance of 168 feet, more or less, to a point thence North 60 degrees 58 minutes 00 seconds West a distance of 478.93 feet to a point; thence North 29 degrees 01 minutes 42 seconds East a distance of 93.35 feet to a point; thence North 59 degrees 40 seconds 13 seconds West a distance of 297.17 feet to a point; thence North 59 degrees 40 minutes 29 seconds West a distance of 60.15 feet to a point; thence North 59 degrees 40 minutes 13 West seconds a distance of 189.86 feet to a point; thence North 03 degrees 12 minutes 46 seconds East a distance of 253.22 feet to a point; thence North 76 degrees 31 minutes 01 seconds West a distance of 138.06 feet to a point; thence North 13 degrees 27 minutes 02 seconds East a distance of 252.93 feet to a point on the most Westerly 80 foot right-of-way line of Lawrenceville-New Hope Road; thence North 57 degrees 31 minutes 12 seconds West along the Westerly right-of-way line of Lawrenceville-New Hope Road a distance of 63.48 feet to a point; thence South 13 degrees 27 minutes 02 seconds West a distance of 317.94 feet to a point; thence North 57 degrees 49 minutes 11 seconds West a distance of 191.66 feet to a point; thence

Page 5118

South 07 degrees 29 minutes 49 seconds West 175 feet, more or less, to a point on the Southerly property line of property now or formerly owned by Brockington; thence South 9 degrees 45 minutes West a distance of 650 feet, more or less, to a point on the land lot line dividing Land Lots 148 and 149; thence South 59 degrees 39 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 767.7 feet to a point; thence South 59 degrees 59 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 328.9 feet to a point; thence South 30 degrees 19 minutes East a distance of 666.3 feet to a point; thence South 30 degrees 20 minutes East a distance of 1574.1 feet to a point; thence South 62 degrees 20 minutes West a distance of 380 feet, more or less, to the centerline of Simonton Road; thence in a Southeasterly direction along the centerline of Simonton Road a distance of 2100 feet, more or less, to the land lot line dividing Land Lots 150 and 171; thence South 31 degrees 13 minutes East along the land lot line dividing Land Lots 150 and 171 a distance of 2101 feet, more or less, to a point; thence North 58 degrees 47 minutes East a distance of 833.3 feet to a point; thence South 32 degrees 41 minutes East a distance of 842.6 feet to a point; thence South 67 degrees 20 minutes West a distance of 864.0 feet to a point on the land lot line dividing Land Lots 150 and 171; thence South 31 degrees 14 minutes East along the land lot line dividing Land Lots 150 and 171 a distance of 514.6 feet to the land lot corner common to Land Lots 150, 151, 170 and 171; thence South 58 degrees 38 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 933.0 feet to a point; thence continuing South 58 degrees 36 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 2392.3 feet to the land lot corner common to Land Lots 138, 139, 150 and 151; thence North 30 degrees 09 minutes West along the land lot line dividing Land Lots 139 and 150 a distance of 886.2 feet to a point; thence South 64 degrees 21 minutes West a distance of 692.0 feet to a point; thence South 64 degrees 14 minutes West a distance of 200 feet, more or less, to the centerline of Georgia Highway No. 20; thence in a Northerly direction along the centerline of Georgia Highway Number 20 a distance of 1150 feet, more or less, to a point on the most Northeasterly 150 foot right-of-way line of Plantation Boulevard; thence Southwesterly along said Plantation Boulevard right-of-way line 280 feet, more or less, to a point located 130 feet Easterly as measured along said Plantation Boulevard right-of-way line from its intersection with the 60 foot Westerly right-of-way line of Chestnut Oak Court; thence Northerly a distance of 160 feet to a point; thence North 72

Page 5119

degrees 50 minutes East a distance of 42.4 feet to a point; thence North 16 degrees 18 minutes West a distance of 1112.35 feet to a point; thence North 73 degrees 42 minutes East 240 feet, more or less, to the centerline of Georgia Highway No. 20; thence Northerly along centerline of Georgia Highway No. 20 a distance of 1980 feet, more or less, to the Southern boundary of property now or formerly owned by James R. Brown; thence in a Southwesterly direction along the Southern boundary of property now or formerly owned by James R. Brown a distance of 1453.4 feet to a point; thence North 20 degrees 16 minutes West a distance of 324.6 feet to a point; thence North 42 degrees 06 minutes East a distance of 266.5 feet to a point; thence North 88 degrees 52 minutes East a distance of 267.6 feet to a point; thence North 19 degrees 51 minutes West a distance of 263.1 feet to a point; thence South 61 degrees 44 minutes West a distance of 900 feet, more or less, to the centerline of Davis Road; thence in a Southwesterly direction along the centerline of Davis Road a distance of 100 feet, more or less, to a point; thence South 21 degrees 42 minutes East a distance of 480 feet, more or less, to a point; thence South 75 degrees 49 minutes West a distance of 270.0 feet to a point; thence South 14 degrees 03 minutes East a distance of 200 feet to the centerline of Lockridge Lane; thence in a Westerly direction along the centerline of Lockridge Lane a distance of 550 feet, more or or less, to the centerline of Davis Road; thence in a Southerly direction along the centerline of Davis Road a distance of 200 feet, more or less, to the centerline of Moon Road; thence in a Westerly direction along the centerline of Moon Road a distance of 2400 feet, more or less, to a point; thence South 11 degrees 04 minutes East a distance of 1100 feet, more or less, to a point; thence South 29 degrees 53 minutes East a distance of 839.6 feet to a point; thence South 59 degrees 10 minutes West a distance of 1280.1 feet to a point on the land lot line dividing Land Lots 108 and 117; thence North 29 degrees 18 minutes West along the land lot line dividing Land Lots 108 and 117 a distance of 516.0 feet to a point; thence South 39 degrees 07 minutes West a distance of 347.1 feet to a point; thence South 07 degrees 20 minutes West a distance of 252.2 feet to a point; thence South 29 degrees 28 minutes East a distance of 435.4 feet to a point; thence South 60 degrees 06 minutes West a distance of 278.4 feet to a point; thence South 12 degrees 20 minutes West a distance of 165.0 feet to a point; thence South a distance of 164.86 feet to a point; thence South 04 degrees 21 minutes East a distance of 870 feet, more or less, to the centerline of Johnson Road; thence Northwesterly along the centerline of Johnson Road a distance of

Page 5120

300 feet, more or less, to the centerline of a branch; thence Southwesterly along the centerline of said branch and following the meanderings thereof a distance of 620 feet, more or less, to a point; thence North 73 degrees 30 minutes West a distance of 657.1 feet, more or less, to the centerline of Georgia Highway No. 124; thence North 13 degrees East along said centerline 287.3 feet, more or less, to a point; thence North 71 degrees 53 minutes 00 seconds West a distance of 648 feet, more or less, thence South 13 degrees 56 minutes 00 seconds West a distance of 232 feet, more or less, to a point; thence North 52 degrees 50 minutes West a distance of 1029.53 feet to a point; thence North 10 degrees 52 minutes East 509.67 feet to the most Southerly right-of-way line of Johnson Road; thence Southeasterly along said Johnson Road right-of-way line 1673 feet, more or less, to the centerline of Georgia Highway Number 124; thence in a northeasterly direction along the centerline of Georgia Highway Number 124 a distance of 1640 feet, more or less, to a point located 2222.5 feet Southwesterly from the intersection of the Northwesterly right-of-way line of Georgia Highway No. 124 with the Southwesterly right-of-way line of Moon Road; thence North 72 degrees 14 minutes West a distance of 225 feet to a point; thence North 14 degrees 09 minutes East a distance of 120 feet to a point; thence South 72 degrees 14 minutes East a distance of 225 feet to the centerline of Georgia Highway No. 124; thence Northeast along said Georgia Highway No. 124 centerline 740 feet, more or less, to a point; thence North 64 degrees 09 minutes West a distance of 1384 feet, more or less, to the centerline of Old Snellville Highway; thence in a Southerly direction along the centerline of Old Snellville Highway a distance of 566 feet, more or less, to a point; thence North 52 degrees 45 minutes West a distance of 900 feet to a point; thence South 37 degrees 15 minutes West a distance of 1560 feet, more or less, to the centerline of Johnson Road; thence in a Southeasterly direction along the centerline of Johnson Road a distance of 1300 feet, more or less, to the centerline of Old Snellville Highway; thence Southwesterly along said centerline of Old Snellville Highway 1500 feet, more or less, to a point; thence North 51 degrees 00 minutes 00 seconds West a distance of 1720.61 feet to a point in the centerline of a branch; thence North 32 degrees 46 seconds 57 minutes East a distance of 526.18 feet; thence North 51 degrees 00 minutes 42 seconds West a distance of 1238.09 feet, more or less, to a point on the centerline of Lawrenceville-Five Forks Road; thence Northeasterly along said centerline of Lawrenceville-Five Forks Road 86 feet, more or less, to a point; thence North 27 degrees 53 minutes 22 seconds West a distance of 1040

Page 5121

feet, more or less, to a point; thence North 27 degrees 53 minutes West a distance of 1399.6 feet to a point on the land lot line dividing Land Lots 83 and 84; thence South 61 degrees 40 minutes West along the land lot line dividing Land Lots 83 and 84 a distance of 170 feet, more or less, to a point; thence North 28 degrees 48 minutes West a distance of 2113.7 feet to a point; thence South 61 degrees 50 minutes West a distance 1237 feet to a point; thence North 23 degrees 55 minutes West a distance of 1948 feet to the centerline of the old location of Huston Road; thence in a Northerly direction along the centerline of the old location of Huston Road a distance of 812 feet to the centerline of U.S. Highway Number 29; thence in an Easterly direction along the centerline of U.S. Highway Number 29 a distance of 670 feet, more or less, to a point; thence South 28 degrees 31 minutes East a distance of 1590 feet, more or less, to a point; thence North 61 degrees 50 minutes East a distance of 605.9 feet to a point; thence South 29 degrees 01 minutes East a distance of 36.8 feet to a point; thence North 59 degrees 11 minutes East a distance of 870.8 feet, more or less, to the centerline of Johnson Road and the land lot line dividing Land Lots 83 and 110; thence Northwesterly along said Johnson Road centerline and land lot line dividing Land Lots 83 and 110, through the land lot corner common to Land Lots 82, 83, 110 and 111 and along the land lot line dividing Land Lots 82 and 111, a distance of 715 feet, more or less, to the intersection of the Northwesterly 100 foot right-of-way line of U.S. Highway No. 29 and the land lot line dividing Land Lots 82 and 111; thence North 30 degrees 56 minutes 00 seconds West along said land lot line a distance of 195.25 feet to a point; thence North 68 degrees 29 minutes 16 seconds East a distance of 119.83 feet to a point; thence North 43 degrees 34 minutes 56 seconds East a distance of 190.16 feet to a point; thence South 55 degrees 04 minutes 25 seconds East a distance of 70.27 feet to a point; thence South 41 degrees 38 minutes 28 seconds East a distance of 244.11 feet to a point on the centerline of U.S. Highway No. 29; thence northeasterly along said centerline 1372 feet, more or less, to a point; thence North 47 degrees 03 minutes West a distance of 706 feet, more or less, to a point; thence North 30 degrees 45 minutes East a distance of 212.4 feet to a point; thence South 47 degrees 07 minutes 03 seconds East a distance of 309.15 feet to a point; thence South 50 degrees 40 minutes East a distance of 445 feet to a point on the centerline of U.S. Highway No. 29; thence in a Northeasterly direction along the centerline of U.S. Highway Number 29 a distance of 1135 feet, more or less, to a point on the land lot line dividing Land Lots 111 and 114; thence North 30

Page 5122

degrees 33 minutes West along the land lot line dividing Land Lots 111 and 114 a distance of 1350 feet, more or less, to a point; thence South 51 degrees 33 minutes West a distance of 701.2 feet to a point; thence North 41 degrees 30 minutes West a distance of 1380 feet, more or less, to the centerline of Seaboard Coast Line Railroad; thence in a Northerly direction along the centerline of Seaboard Coast Line Railroad a distance of 350 feet, more or less, to a point; thence North 32 degrees 00 minutes West a distance of 1650 feet, more or less, to a point; thence South 59 degrees 21 minutes West a distance of 853.2 feet to the centerline of Monfort Road; thence South 59 degrees 21 minutes West along the centerline of Monfort Road a distance of 1728.6 feet to a point on the land lot line dividing Land Lots 81 and 112; thence North 30 degrees 50 minutes West along the land lot line dividing Land Lots 81 and 112; a distance of 804.4 feet to a point; thence North 31 degrees 11 minutes West along the land lot line dividing Land Lots 81 and 112 a distance of 710 feet, more or less, to centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road a distance of 265 feet, more or less, to the centerline of a branch; thence Southwesterly along said centerline as follows: Southwesterly a distance of 30 feet, more or less, to the Southerly right-of-way line of Lawrneceville-Norcross Road; South 25 degrees 39 minutes West a distance of 14.1 feet to a point; South 49 degrees 19 minutes West a distance of 24.2 feet to a point; South 54 degrees 00 minutes West a distance of 45.6 feet to a point; South 44 degrees 43 minutes West a distance of 38.5 feet to a point; South 34 degrees 22 minutes West a distance of 39.8 feet to a point; South 24 degrees 55 minutes West a distance of 41.1 feet to a point; South 14 degrees 04 minutes West a distance of 30.7 feet to a point; South 07 degrees 37 minutes West a distance of 88.4 feet to a point; South 08 degrees 24 minutes West a distance of 55.8 feet to a point; South 18 degrees 34 minutes West a distance of 83.8 feet to a point; thence North 77 degrees 52 minutes West 250 feet, more or less, to the centerline of Hillandale Road; thence Northerly along said Hillandale Road centerline 222 feet to a point; thence North 81 degrees 15 minutes West a distance of 190 feet to a point; thence South 81 degrees 15 minutes West a distance of 83.7 feet to a point; thence South 81 degrees 11 minutes West a distance of 215.3 feet to a point; thence North 30 degrees 25 minutes West a distance of 331 feet, more or less, to a point in the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road 1200 feet, more or less, to a point; thence South 30 degrees 25 minutes East a distance of 1187 feet,

Page 5123

more or less, to a point on the land lot line common to Land Lots 6 and 81; thence South 59 degrees 24 minutes West along the land lot line dividing Land Lots 6 and 81 a distance of 360.4 feet to a point; thence North 30 degrees 25 minutes West a distance of 1310 feet, more or less, to the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road a distance of 1130 feet, more or less, to the land lot dividing Land Lots 5 and 6; thence North 30 degrees 55 minutes West along the land lot line dividing Land Lots 5 and 6 a distance of 1735 feet, more or less, to the land lot corner common to Land Lots 5, 6, 34 and 35; thence in a Northeasterly direction along the land lot line dividing Land Lots 6 and 34 a distance of 1300 feet, more or less, to a point on the Northerly side of Georgia Highway Number 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway Number 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway Number 316 a distance of 12,000 feet, more or less, to the land lot line dividing Land Lots 9 and 10; thence North 30 degrees 57 minutes 39 seconds West along said land lot line, through the land lot corner common to Land Lots 9, 10, 30 and 31 and along the land lot line dividing Land Lots 30 and 31 a distance of 1245.14 feet to a point; thence North 31 degrees 15 minutes West along said land lot line a distance of 1689 feet to a point; thence North 29 degrees 29 minutes West along said land lot line, through the land lot corner common to Land Lots 30, 31, 48 and 49 and along the land lot line dividing Land Lots 48 and 49 a distance of 1911.8 feet to a point; thence South 72 degrees 27 minutes 00 seconds West a distance of 263.41 feet to a point; thence North 21 degrees 30 minutes 00 seconds West a distance of 103.99 feet to a point; thence North 29 degrees 30 minutes 00 seconds West a distance of 100.19 feet to a point; thence North 59 degrees 29 minutes 00 seconds West a distance of 1314.75 feet to a point; thence North 60 degrees 07 minutes 04 seconds East a distance of 888.10 feet to a point on the land lot line dividing Land Lots 48 and 49; thence South 30 degrees 14 minutes 31 seconds East along said land lot line a distance of 319.46 feet to a point; thence North 72 degrees 00 minutes 48 seconds East a distance of 92.10 feet to the centerline of Little Suwanee Creek; thence Northeasterly, Northerly and Northwesterly along said centerline 623 feet, more or less, to a point; thence North 71 degrees 40 minutes 29 seconds East a distance of 1086.08 feet to the most Southwesterly 80 foot right-of-way line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-of-way line

Page 5124

527.84 feet to a point; thence South 72 degrees 00 minutes 48 seconds West a distance of 220.00 feet to a point; thence South 33 degrees 48 minutes 15 seconds East to a distance of 278.96 feet to a point; thence North 62 degrees 28 minutes 54 seconds East a distance of 19.86 feet to a point; thence South 39 degrees 47 minutes 47 seconds East a distance of 100.00 feet to a point; thence North 62 degrees 59 minutes 01 seconds East a distance of 200.00 feet to a point on the most southwesterly 80 foot right-of-way line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-of-way line 249.19 feet to the centerline of Yellow River; thence Southeasterly, Southerly and Southwesterly along said centerline 1305 feet, more or less, to a point on the land lot line dividing Land Lots 30 and 49; thence North 59 degrees 55 minutes East along said land lot line 15.0 feet to a point; thence North 58 degrees 45 minutes East along said land lot line 2213 feet to the land lot corner common to Land Lots 29, 30, 49 and 50; thence South 31 degrees East along the land lot line dividing Land lots 29 and 30 a distance of 2791 feet to a point; thence South 59 degrees West a distance of 598 feet to a point; thence South 31 degrees 18 minutes 00 seconds East 528.77 feet to a point; thence North 58 degrees 42 minutes East 585 feet to the centerline of Collins Hill Road; thence Southeasterly along said Collins Hill Road centerline 250 feet, more or less, to a point; thence North 55 degrees 40 minutes 26 seconds East a distance of 360.59 feet to a point; thence South 30 degrees 00 minutes 08 seconds East 872.15 feet, more or less, to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2900 feet, more or less, to the intersection of the Northerly side of Georgia Highway No. 316 and the Westerly side of Georgia Highway No. 20; thence North 89 degrees 09 minutes 55 seconds West a distance of 248.08 feet to a point; thence North 00 degrees 43 minutes 51 seconds West a distance of 143.01 feet to a point; thence South 89 degrees 02 minutes 51 seconds East a distance of 285.43 feet to the Westerly Side of Georgia Highway No. 20; thence Northeasterly across Georgia Highway No. 20 to the Easterly side of Georgia Highway No. 20; thence north 60 degrees 09 minutes 48 seconds East a distance of 254.10 feet to a point on the Southerly side of Reynolds Road; thence Northerly across Reynolds Road to a point on the Northerly side of Reynolds Road; thence North 03 degrees 49 minutes 57 seconds East a distance of 400 feet, more or less to a point; thence North 83

Page 5125

degrees 19 minutes 24 seconds West a distance of 130.34 feet to a point on the Easterly side of Georgia Highway No. 20; thence Southwesterly across Georgia Highway No. 20 to a point on the Westerly side of Georgia Highway no. 20; thence North 73 degrees 14 minutes 08 seconds West a distance of 219.81 feet to a point; thence North 79 degrees 08 minutes 22 seconds West a distance of 524.27 feet to a point; thence North 27 degrees 11 minutes 49 seconds West a distance of 661.62 feet to a point on the land lot line dividing Land Lots 11 and 29; thence South 58 degrees 53 minutes 17 seconds West along said land lot line 257.97 feet to a point; thence North 05 degrees 44 minutes 47 seconds West a distance of 39.60 feet to a point; thence North 29 degrees 35 minutes 18 seconds West a distance of 195.00 feet to a point; thence North 61 degrees 08 minutes 35 seconds West a distance of 132.32 feet to a point; thence North 78 degrees 07 minutes 15 seconds West a distance of 135.80 feet to a point; thence South 87 degrees 13 minutes 54 seconds West a distance of 136.07 feet to a point; thence North 85 degrees 24 minutes 29 seconds West a distance of 130.56 feet to a point; thence North 83 degrees 02 minutes 25 seconds West a distance of 225.24 feet to a point; thence North 31 degrees 20 minutes 00 seconds West a distance of 635.84 feet to a point; thence North 83 degrees 44 minutes 20 seconds East a distance of 2265.27 feet to a point; thence South 04 degrees 19 minutes 26 seconds West a distance of 556.34 feet to a point on the Northerly 60 foot right-of-way line of Cripple Creek Drive; thence South 85 degrees 04 minutes 46 seconds East along said Cripple Creek Drive right-of-way line 429.86 feet to the centerline of Georgia Highway Number 20; thence Northerly along said Georgia Highway No. 20 centerline 100 feet, more or less, to a point; thence South 69 degrees 22 minutes 39 seconds East a distance of 324.87 feet to a point; thence South 28 degrees 05 minutes 20 seconds East a distance of 182.78 feet to a point; thence South 29 degrees 51 minutes 25 seconds East a distance of 916.22 feet to a point; thence South 30 degrees 20 minutes 22 seconds East a distance of 39.01 feet to a point; thence South 60 degrees 15 minutes 48 seconds West a distance of 749.18 feet to a point on the Northerly right-of-way line of Reynolds Road; thence Southerly across Reynolds Road to a point on the Southerly side of Reynolds Road; thence South 34 degrees 41 minutes 40 seconds East a distance of 25.86 feet to a point; thence South 55 degrees 18 minutes 20 seconds West a distance of 95.08 feet to a point; thence South 25 degrees 43 minutes 52 seconds East a distance of 143.97 feet to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and

Page 5126

perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 700 feet, more or less, to a point; thence North 27 degrees 04 minutes 36 seconds West a distance of 319.61 feet to a point on the Southeasterly 30 foot right-of-way line of Reynolds Road; thence North 55 degrees 50 minutes 49 seconds East along said Reynolds Road right-of-way 145.60 feet to a point; thence South 31 degrees 56 minutes 33 seconds East a distance of 455 feet, more or less to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2300 feet, more or less, to the centerline of Prison Camp Road; thence in a Southerly direction along the centerline of Prison Camp Road a distance of 1000 feet, more or less, to the centerline of Hurricane Shoals Road; thence in a Westerly direction along the centerline of Hurricane Shoals Road a distance of 3700 feet, more or less, to a point; thence South 01 degree 09 minutes East a distance of 426 feet, more or less, to a point; thence North 87 degrees 06 minutes East a distance of 441.5 feet to a point; thence South 00 degrees 21 minutes West a distance of 420.0 feet to a point; thence North 80 degrees 00 minutes East a distance of 426.5 feet to the land lot line dividing Land Lots 176 and 177; thence South 30 degrees 30 minutes East along the land lot line dividing Land Lots 176 and 177 a distance of 151 feet to a point; thence North 67 degrees 15 minutes East a distance of 1362 feet to a point on the Easterly side of Hosea Road; thence South 30 degrees 00 minutes East along the easterly side of Hosea Road a distance of 151 feet to a point; thence North 44 degrees 30 minutes East a distance of 687 feet to a point; thence North 59 degrees 45 minutes East a distance of 1367 feet to a point on the land lot line dividing Land Lots 177 and 208; thence along said land lot line to a point located 1544.2 feet Northwest, as measured along said land lot line, from the land lot corner common to Land Lots 177, 178, 207 and 208; thence North 70 degrees 15 minutes East a distance of 1944.44 feet to a point; thence South 31 degrees 03 minutes East a distance of 1174.95 feet to a point on the land lot line dividing Land Lots 207 and 208; thence South 56 degrees 45 minutes West along said land lot line a distance of 900 feet; thence South 60 degrees 30 minutes West along said land lot line a distance of 350 feet; thence South 69 degrees West along said land lot line a distance of 65 feet; thence South 56 degrees 03 minutes West along said land lot line a

Page 5127

distance of 622.4 feet to the land lot corner common to Land Lots 177, 178, 207 and 208; thence southeasterly along the land lot line dividing Land Lots 178 and 207 a distance of 1707.8 feet, more or less, to a point; said point being located 1030 feet in a Northwesterly direction along the land lot line dividing Land Lots 178 and 207 from the centerline of U.S. Highway Number 29, thence in a Southwesterly direction a distance of 1703.7 feet to the centerline of Hosea Road; thence in a southeasterly direction along the centerline of Hosea Road a distance of 1030 feet to the centerline of U.S. Highway Number 29; thence South 29 degrees 43 minutes East along the property line of now or formerly of Una Hinton a distance of 450 feet, more or less, to the land lot line dividing Land Lots 178 and 179; thence North 60 degrees 23 minutes East along the land lot line dividing Land Lots 178 and 179 a distance of 1265.1 feet to a point; thence North 26 degrees 40 minutes West a distance of 411.9 feet to the Southeasterly side of U.S. Highway No. 29; thence Northeasterly along the Southeasterly side of U.S. Highway No. 29 a distance of 400 feet to the land lot line dividing Land Lots 178 and 207; thence South 30 degrees 23 minutes East along said land lot line 409.1 feet to the common corner of Land Lots 178, 179, 206 and 207; thence South 30 degrees 18 minutes East along the land lot line dividing Land Lots 179 and 206 a distance of 1869.8 feet to a point; thence South 61 degrees 56 minutes West a distance of 1129.0 feet to a point; thence South 27 degrees 08 minutes East a distance of 1597 feet, more or less, to the centerline of Springlake Road; thence in a Northeasterly direction along the centerline of Springlake Road a distance of 390 feet to a point; thence South 31 degrees 14 minutes 21 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 48 minutes 04 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 41 minutes 06 seconds East a distance of 192.00 feet to a point; thence North 58 degrees 47 minutes 00 seconds East a distance of 110.00 feet to a point; thence North 31 degrees 13 minutes 00 seconds West a distance of 250.00 feet to a point on the southeasterly 80 foot right-of-way line of Springlake Road; thence North 58 degrees 47 minutes East along said Springlake Road right-of-way line 120.00 feet to a point; thence South 29 degrees 00 minutes 00 seconds East a distance of 780.96 feet to a point located in an old roadway dividing the property of McGarity and Yancey; thence in an Easterly direction along the centerline of said old roadway and the Northerly property line of Yancey a distance of 205.1 feet to the land lot line dividing Land Lots 180 and 205; thence in a Southeasterly direction along the land lot line dividing

Page 5128

Land Lots 180 and 205 a distance of 2400 feet, more or less, to the land lot corner common to Land Lots 180, 181, 204 and 205, said land lot corner being the point of beginning: LESS AND EXCEPT THE FOLLOWING PROPERTY AS SHOWN ON GWINNETT COUNTY TAX MAPS (1989) District Land Lot Parcel Number Owner Description 5 83 5-83-3C Missionaries of St. Francis 3.3 Acres 5 112 113 5-113-3 Craig 4.356 Acres 5 140 5-140-5 261 Porter Grayson Hwy. 5 144 5-144-7 McConnell Drive Property 144 5-144-7A McConnell Drive Property 5 144 5-144-7B McConnell Drive Property 5 144 5-144-7C McConnell Drive Property 5 144 5-144-7D McConnell Drive Property 5 144 5-144-7E McConnell Drive Property 5 144 5-144-7F McConnell Drive Property 5 144 5-144-7G McConnell Drive Property 5 144 5-144-8A McConnell Drive Property 5 144 5-144-9 McConnell Drive Property 5 144 5-144-10 McConnell Drive Property 5 144 5-144-11 McConnell Drive Property 5 144 5-144-12 McConnell Drive Property 5 144 5-144-13 McConnell Drive Property 5 144 5-144-15 McConnell Drive Property 5 144 5-144-16 McConnell Drive Property 5 144 5-144-17 McConnell Drive Property 5 148 5-148-10 Cheek Grayson Hwy. 5 148 5-148-11 Ethridge Grayson Hwy. 5 148 5-148-12 Everett Grayson Hwy. 5 148 5-148-13 Thurmond Grayson Hwy. 5 148 5-148-14 Bowen Grayson Hwy. 5 177 5-177-33 Gwinnett Iron Steel Hurricane Sh. 5 177 5-177-34 Gwinnett Iron Steel Hurricane Sh. 7 9 7-9-1B Huff Hurricane Sh. 7 9 7-9-3 Sammon Hurricane Sh. 7 9 7-9-4 Oxford Investments #8 1.42 Acres 7 9 7-9-9 McNally Hurricane Sh. 7 9 7-9-14 Springfield Bridge 7.54 Acres 7 9 7-9-15 R. W. Investments, N.V. 52.24 Acres 7 9 7-9-19 Brown 3.67 Acres 7 9 7-9-27 Oxford Investments #8 13.37 Acres 7 9 7-9-35 Walther 7.96 Acres 7 9 7-9-39 Oxford Investments #8 4.73 Acres 7 10 7-10-4 Hickam 14.12 Acres 7 10 7-10A-2 Northern Heights Subdivision 7 10 7-10A-3 Northern Heights Subdivision 7 10 7-10A-4 Northern Heights Subdivision 7 10 7-10A-5 Northern Heights Subdivision 7 10 7-10A-6 Northern Heights Subdivision 7 10 7-10A-8 Northern Heights Subdivision 7 10 7-10A-9 Northern Heights Subdivision 7 10 7-10A-10 Northern Heights Subdivision 7 10 7-10A-11 Northern Heights Subdivision 7 10 7-10A-12 Northern Heights Subdivision 7 10 7-10A-13 Northern Heights Subdivision 7 10 7-10A-14 Northern Heights Subdivision 7 10 7-10A-15 Northern Heights Subdivision 7 10 7-10A-16 Northern Heights Subdivision 7 10 7-10A-17 Northern Heights Subdivision 7 10 7-10A-18 Northern Heights Subdivision 7 10 7-10A-20 Northern Heights Subdivision 7 10 7-10A-21 Northern Heights Subdivision 7 10 7-10A-22 Northern Heights Subdivision 7 10 7-10A-23 Northern Heights Subdivision 7 10 7-10A-24 Northern Heights Subdivision 7 10 7-10A-25 Northern Heights Subdivision 7 10 7-10A-26 Northern Heights Subdivision 7 10 7-10A-28 Northern Heights Subdivision 7 10 7-10A-31 Northern Heights Subdivision 7 10 7-10A-32 Northern Heights Subdivision 7 10 7-10A-33 Northern Heights Subdivision 7 10 7-10A-34 Northern Heights Subdivision 7 10 7-10A-35 Northern Heights Subdivision 7 10 7-10A-36 Northern Heights Subdivision 7 10 7-10A-46 Northern Heights Subdivision 7 10 7-10A-50 Northern Heights Subdivision 7 11 7-11-00399 Charles Hood 12.4 Acres 7 12 7-12-17 Globe Oil Co. `Jim Wallace' 7 12 7-12-45 Hamby Ga. Hwy. 20 7 12 7-12-46 Hamby Ga. Hwy. 20 7 28 7-28-19 Wall 22 `A' 7 28 7-28-22 Andrew Electric 4 `A' 7 28 7-28-23 J B Inv. 3 `A' 7 28 7-28-103 Gwinnett Co. Farm Bureau 7 28 7-28-106 McCart 7 28 7-28-110 Hebron Church 7 29 7-29-98 Stancil 17 `A' 7 29 7-29-99 Saw Works 16 `A'

Page 5130

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Page 5131

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a local bill to amend the charter for the City of Lawrenceville to provide for terms of office of two years for the Mayor and council members, pursuant to O.C.G.A. Section 21-3-64; to provide for the annexation of additional land and the definition of the corporate boundaries; to provide the procedures connected with and necessary to all the foregoing; and to repeal conflicting laws. Anyone desiring to see a copy of the amendments which will be introduced may obtain a copy from City Hall at 405 Clayton Street, Lawrenceville, Georgia. This notice is given to satisfy the requirement that a Notice of Intent to Introduce Local Legislation be published as required by O.C.G.A. Section 28-1-14 (Michie 1985); Ga. Const. Art. 3, Section 5, Par. 9. This 6th day of February, 1990. Bartow Jenkins, Mayor City of Lawrenceville 405 Clayton Street Lawrenceville, Georgia 30245 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 9, 1990. /s/ Vinson Wall Representative, 61st District

Page 5132

Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. CITY OF MADISON CITY MANAGER; MAYOR AND COUNCIL; POWERS; COMPENSATION; MUNICIPAL COURT; ROAD DUTY. No. 1120 (House Bill No. 2015). AN ACT To amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to provide for a city manager; to provide for the appointment, removal, suspension, compensation, powers, duties, qualifications, and authority of the city manager; to provide for practices and procedures; to provide for notices and hearings; to prohibit certain actions by the city council or members thereof; to provide for the powers and duties of the mayor; to provide for the performance of the powers and duties of the mayor during his absence or disability; to provide for qualifications of the mayor and city council; to change the provisions relating to compensation of the mayor and aldermen; to provide for compensation for the mayor pro tempore; to change the provisions relating to the municipal court (formerly known as the mayor's court) and the jurisdiction and judge thereof; to provide for appointment of a judge and the compensation thereof; to repeal provisions relating to appeals and certiorari; to repeal provisions relating to bonds, practices, and procedures; to repeal provisions relating to the mayor and aldermen as ex officio justices of the peace and the powers related thereto; to repeal the provisions relating to road

Page 5133

duty or payments in lieu thereof by residents; 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 providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, is amended by adding, following Section III, seven new sections, to be designated as Sections III-A, III-B, III-C, III-D, III-E, III-F, and III-G, to read as follows: Section III-A. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications. Section III-B. (a) The city council may remove the manager from office in accordance with the following procedures: (1) The city council shall adopt by an affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, he may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing.

Page 5134

(b) The manager shall continue to receive his salary until the effective date of a final resolution of removal. Section III-C. By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. Section III-D. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the city council;

Page 5135

(6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable; and (9) He shall perform other such duties as are specified in this charter as may be required by the city council. Section III-E. Except for the purpose of inquiries and investigations under Section III-D, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section III-F. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (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.

Page 5136

Section III-G. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in his absence or disability, for any reason, any one of the councilmembers chosen by the mayor, shall be clothed with all rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. Section 2. Said Act is further amended by striking Section XIV and inserting in lieu thereof a new Section XIV to read as follows: Section XIV. No person shall be eligible to the office of mayor or city council unless he is a qualified voter, over 25 years of age, and, at the time he qualifies as a candidate for election, a resident of the city and election district, if applicable, for six months previous to the election. Section 3. Said Act is further amended by striking Section XV and inserting in lieu thereof a new Section XV to read as follows: Section XV. The mayor shall be compensated in the amount of $6,000.00 per annum. Each alderman shall be compensated in the amount of $3,600.00 per annum. The mayor pro tempore shall be compensated in the amount of $4,200.00 per annum. Section 4. Said Act is further amended by striking Sections XVIII and XVIII-A, which read as follows: Sec. XVIII. Be it further enacted, That the mayor, or in his absence or disqualification any two or more aldermen, shall as often as may be necessary hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Madison. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in said city for a period not to exceed six months. Either or all of said penalties may be imposed in the discretion of the court. Said court shall have the

Page 5137

power to preserve order and compel the attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances. Section XVIII-A. Any other provisions of this Act to the contrary notwithstanding, the Mayor and Council of the City of Madison may appoint a recorder for the Mayor's Court, to replace the Mayor. The recorder shall have all of the powers vested in the Mayor, when the Mayor is sitting as judge of the Mayor's Court. The recorder shall serve at the pleasure of the Mayor and Council. The Mayor and Council shall fix the salary of the recorder which shall be paid in equal monthly installments from the funds of the City of Madison., and inserting in lieu thereof a new Section XVIII to read as follows: Section XVIII. Any other provisions of this Act to the contrary notwithstanding, the city council of the City of Madison may appoint a judge for the municipal court. The judge shall serve at the pleasure of the council. The council shall fix the salary of the judge which shall be paid from the funds of the City of Madison. Section 5. Said Act is further amended by striking Section XIX, which reads as follows: Sec. XIX. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor to the mayor and city council of Madison, and shall have the right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and city council. All such appeal shall be tried de novo, and on the trial of the same the mayor and city council may in its discretion affirm the judgment of the mayor, reduce or increase the punishment or discharge the defendant., in its entirety. Section 6. Said Act is further amended by striking Section XX, which reads as follows:

Page 5138

Sec. XX. Be it further enacted, That any person who may be convicted before the mayor and city council of Madison may, by his giving notice of his intention to certiorari, suspend the judgment and may be released from custody at once upon giving bond with good security in such sum as may be fixed by the mayor for his appearance to stand to and abide final judgment; provided, that all certioraris from said court shall be sued out within ten days from the date of the judgment complained of; and provided further, that no such certiorari shall issue until all costs shall have been paid or an affidavit have been made by the defendant showing his inability to pay costs., in its entirety. Section 7. Said Act is further amended by striking Section XXI, which reads as follows: Sec. XXI. Be it further enacted, That the mayor and each of the aldermen shall be ex officio justices of the peace so as to enable them to issue warrants for violation of the criminal laws of the State committed within the limits of said city, and shall have full power on examination to commit the offenders to jail, or to bail them, if the offence be bailable, to appear before the court having jurisdiction to try them., in its entirety. Section 8. Said Act is further amended by striking Section 25, which reads as follows: Sec. 25. Be it further enacted, That said mayor and city council shall have power to require every male resident of said city not under sixteen and over fifty years of age, to work not exceeding fifteen days annually by himself or an acceptable substitute on the roads, streets and alleys of said city under the directions of such superintendents as may be appointed by the mayor and city council. Any person subject to this service may be released therefrom by paying to the treasurer of said city annually such a sum as may be fixed by the mayor and city council not to exceed five dollars; and if the work done and money so paid is not sufficient to put and keep the roads, streets and alleys of said city in good repair, the mayor and city council shall use for that purpose any fund in the treasury of said city

Page 5139

not otherwise appropriated, or they may levy a tax on all the subjects of taxation within the limits of said city for such purpose., in its entirety. Section 9. Section 3 of this Act shall become effective April 1, 1991. All remaining sections of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming 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 at the regular 1990 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Madison, so as to change the compensation of the Mayor, Mayor Pro Tempore, the members of the City Council; to repeal conflicting laws; to provide for an effective date; and for other purposes. This 15th day of February, 1990. /s/ Frank E. Stancil Representative 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 22, 1990. /s/ Frank E. Stancil Representative, 66th District

Page 5140

Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. CITY OF AVONDALE ESTATES CORPORATE LIMITS. No. 1121 (House Bill No. 2023). 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

Page 5141

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 and ten feet (210) to the corner formed by the intersection of the southerly side of Wiltshire Drive and the easterly side of Forrest Boulevard, if extended; thence easterly along the southerly right-of-way line of Wiltshire Drive one hundred and eighty-six feet (186), more or less, to the northeasterly corner of Lot 39, said block and subdivision; thence north one thousand nine hundred and forty-five feet (1,945) parallel with the west line of said land lot 232 and hundred and five feet (105) east therefrom to a point; thence west four feet (4) 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 and ninety-four feet (594) 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 and thirty-nine feet (539), more or less, to the southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west one thousand two hundred and fifty-nine feet (1,259) along said Hill line to a point, which point is two hundred and twenty-five feet (225) southeasterly of North Avondale Road/East College Avenue/US 278; thence in a westerly direction at an interior angle of eighty-nine degrees twenty-four minutes with the preceding call, a distance of three hundred and seventy feet (370) 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 and thirty feet (230) to an iron pipe on the south side right-of-way line of East College Avenue/US 278; thence westerly along said right-of-way line of East College Avenue/US 278, a distance of four hundred and seventy-five feet (475) to a point, which point is directly opposite the westerly right-of-way line for Maple Street, if extended; thence in a northerly direction crossing East College Avenue/US 278 and following the westerly line of Maple Street a distance of six hundred feet (600), more or less, to a point fifty feet (50) south of 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 one

Page 5142

thousand nine hundred ninety-nine and two-tenths feet (1,999.2), more or less, to its intersection with the easterly right-of-way of Oak Street (40 right-of-way); thence in a southerly direction along the easterly right-of-way line of Oak Street a distance of three hundred four and fifty-three hundredths feet (304.53), more or less, to a point at the intersection of said right-of-way line and the original designated centerline of Green Street (never opened, right-of-way never dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred and sixteen hundredths feet (200.16), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (40 right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line twenty (20) to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage Mill a distance of four hundred and eighty feet (480), more or less, to a point; thence in a southerly direction a distance of one hundred ninety-seven and eight-one hundredths feet (197.81), more or less, to an intersection with the northerly right-of-way line of Parry Street (40 right-of-way); thence in a northeasterly direction along the northerly right-of-way of Parry Street a distance of three hundred and fifty feet (350), more or less, to its intersection with the westerly right-of-way of Laredo Drive (40 right-of-way); thence in a northwesterly direction along the westerly right-or-way of Laredo Drive a distance of six thousand (6,000), more or less, to the right-of-way of the Georgia Railroad line; thence in a northeasterly direction along said railroad right-of-way a distance of seven hundred and ninety-six feet (796), more or less, to a point at the northeast corner of Hobbs Street (if extended) and said railroad right-of-way; thence in a southeasterly direction along the northeast right-of-way of Hobbs Street a distance of four hundred and seventy-nine feet (479), more or less, to the point of intersection with the northwest right-of-way line of North Clarendon Avenue; thence in a northeasterly direction along the northwesterly right-of-way of North Clarendon Avenue a distance of one hundred and twenty-five feet (125), more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road a distance of five hundred and forty-five feet (545), more or less to a point;

Page 5143

thence due south three hundred and ninety feet (390), more or less, to the northeast corner of land lot 249; thence south along said east line of land lot 249 a distance of fifty feet (50), more or less, to a point at the northeast corner of parcel 15-249-9-3; thence west sixty-five feet (65), more or less, to the northwest corner of said parcel; thence south a distance of three hundred and thirty-nine feet (339), more or less, to the southwest corner of said parcel; thence east a distance of sixty-five feet (65) to the southeast corner of said parcel; thence south along east line of said land lot 249 to the northerly right-of-way line of Covington Road (also known as Covington Highway/US 278); thence in a southeasterly direction along said northerly right-of-way line and following the curvature thereof, 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 two hundred and ten feet (210), more or less, to its intersection with the southwesterly right-of-way line of Nottingham Drive; thence northwesterly along the southwesterly right-of-way line of Nottingham Drive a distance of one hundred and twenty-five feet (125) to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-231-10-4 a distance of one hundred and fifty-one feet (151), more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of seventy-five feet (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 five hundred and twelve feet (512), more or less, to a

Page 5144

point; thence in a southerly direction two hundred and seventy-five feet (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 one thousand one hundred and thirty feet (1,130), 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 one thousand nine hundred and fifteen feet (1,915), more or less, to a point; thence westerly one hundred and ninety feet (190), more or less, to the west line of land lot 218; thence in a northerly 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 east side of Clarendon Avenue; thence following the contour of the road south along the east side of Clarendon Avenue (also known as Clarendon Road) a distance of three thousand one hundred forty-five and five-tenths feet (3,145.5), more or less, to a point that forms the northeast corner of the intersection of Clarendon Avenue and Columbia Drive; thence crossing Clarendon Avenue to a point at the southwest corner of parcel 15-217-1-5; thence northeasterly one hundred and sixty feet (160), more or less, to a point at the southeast corner of parcel 15-217-1-2; thence in a northwesterly direction two hundred fifty-three and fifty-eight hundredths feet (253.58) to a point on the westerly 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia bills 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

Page 5145

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, and by an Act approved March 30, 1989 (Ga. L. 1989, p. 4330) to extend the limits of said city; and for other purposes. This 5th day of February, 1990. Dean Alford Representative, 57th District, Post 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 8, 1990. /s/ Dean Alford Representative, 57th District Sworn to and subscribed before me, this 22nd day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990.

Page 5146

CHATHAM COUNTY HOMESTEAD EXEMPTION; REFERENDUM. No. 1172 (House Bill No. 1292). AN ACT To increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for conditions for the granting of such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2. (a) The homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness of the county, subject to the limits and conditions contained in this section and elsewhere in this Act. The exemption granted by this section shall not exceed the following amounts of the assessed value of the homestead for the tax years beginning in the following dates: Tax years beginning Maximum amount of exemption January 1, 1991 $ 4,500.00 January 1, 1992 7,000.00 January 1, 1993 9,500.00 January 1, 1994, and thereafter 12,000.00

Page 5147

(b) The exemption granted by subsection (a) of this section shall be in lieu of and not in addition to any exemption from Chatham County ad valorem taxes which is lower in amount for any taxable year and which is granted by the provisions of the Constitution and laws of this state. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by subsection (a) of this section, then such exemption shall apply rather than the exemption granted by subsection (a) of this section. (c) The exemption granted by subsection (a) of this section shall not apply to or affect any taxes levied to pay interest on or retire bonded indebtedness, state taxes, municipal taxes, or taxes levied on behalf of the Board of Public Education of the City of Savannah and the County of Chatham. (d) The value of any homestead in excess of the amount exempted by subsection (a) of this section shall remain subject to taxation. Section 3. Any person who as of January 1, 1991, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act. Section 4. The exemptions granted by Section 2 of this Act shall not become effective and shall not apply unless this Act is approved in the referendum provided for in Section 5 of this Act. Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The election superintendent shall conduct the referendum election not later than the 1990 general election and shall issue the call therefor not less than

Page 5148

30 nor more than 60 days prior to the date of such referendum election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the amount of the homestead exemption from Chatham County ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, and the conditions imposed by Section 4 of this Act are met, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, or if the conditions imposed by Section 4 of this Act are not met, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Chatham 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. STATE OF GEORGIA COUNTY OF CHATHAM NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for a referendum of the voters of Chatham County to decide whether to increase the homestead exemption from ad valorem taxes by Chatham County, as provided in the Constitution of the State of Georgia of 1985, Art. 7, Sec. 2, Paragraph 2(a) (2) et. seq.; and for other purposes.

Page 5149

This 2nd day of January, 1990. DeWayne Hamilton, Representative District 124 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DeWayne Hamilton, who, on oath, deposes and says that he is Representative from the 124th 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: January 6, 1990. /s/ DeWayne Hamilton Representative, 124th District Sworn to and subscribed before me, this 10th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. MITCHELL COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 1173 (House Bill No. 1327). AN ACT To amend an Act creating the State Court of Mitchell County, formerly the City Court of Camilla, approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to change the provisions

Page 5150

relating to the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Mitchell County, formerly the City Court of Camilla, approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. Compensation of judge and solicitor. (a) The judge of the State Court of Mitchell County shall receive an annual salary of $15,000.00 to be paid in equal monthly installments from county funds. (b) The solicitor of the State Court of Mitchell County shall receive an annual salary of $13,000.00 to be paid in equal monthly installments from county funds. The solicitor shall also be entitled to a secretarial allowance of $220.00 per month and reimbursement for the actual cost of postage and supplies from county funds. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1990 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla) approved August 17, 1905, as amended; and for other purposes. Dated this 2nd day of January 1990.

Page 5151

James W. Davis Chairman Board of Commissioners Mitchell County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 5, 1990. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 11th day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION; MEMBERS. No. 1174 (House Bill No. 1692). AN ACT To amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596), so as to provide for an additional member county, to provide for additional members of the commission; to

Page 5152

provide for appointment; to change certain provisions relating to quorums; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: 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 35 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 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; provided, however,

Page 5153

that any members added by any amendatory Act shall be appointed within 30 days of the effective date of such amendatory Act. All members shall be eligible for reappointment. Twenty-two 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 22 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 22 of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. 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.

Page 5154

Section 2. Said Act is further amended by striking paragraph (4) of Section 3 and inserting in its place a new paragraph (4) to read as follows: (4) `Member county' means Banks, Barrow, Clarke, Elbert, Greene, Hall, Jackson, Madison, Morgan, Oconee, Oglethorpe, Stephens, 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. 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 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 18, 1990. /s/ Jeanette Jamieson Representative, 11th District

Page 5155

Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Danielsville Monitor which is the official organ of Madison County, on the following date: January 26, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 5156

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Winder News which is the official organ of Barrow County, on the following date: January 24, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes.

Page 5157

This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Athens Observer which is the official organ of Clarke County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District

Page 5158

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County, on the following date: January 24, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (GA L. 1989, p. 4596); and for other purposes. THIS 16TH day of January, 1990. HONORABLE JEANETTE JAMIESON, Representative 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 Times which is the

Page 5159

official organ of Hall County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Oconee Enterprise which is the official organ of Oconee County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District

Page 5160

Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Elberton Star which is the official organ of Elbert County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 5161

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Oglethorpe Echo which is the official organ of Oglethorpe County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes.

Page 5162

This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Jackson Herald which is the official organ of Jackson County, on the following date: January 24, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on

Page 5163

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 Herald Journal which is the official organ of Greene County, on the following date: January 26, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596; and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Walton Tribune which is the official organ of Walton County, on the following date: January 26, 1990.

Page 5164

/s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989 (Ga. L. 1989, p. 4596); and for other purposes. This 16th day of January, 1990. Honorable Jeanette Jamieson Representative, 11th District 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 Madisonian which is the official organ of Morgan County, on the following date: January 25, 1990. /s/ Jeanette Jamieson Representative, 11th District

Page 5165

Sworn to and subscribed before me, this 31st day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. TOWN OF ALAPAHA MAYOR; COUNCILMEN; ELECTIONS; TERMS. No. 1175 (House Bill No. 1823). AN ACT To amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3824), 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 of this Act; 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 and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3824), is amended by striking subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The mayor to be elected in November, 1990, whose term normally expires on the first Tuesday in December of 1992 shall remain in office until December 31, 1992, and until a

Page 5166

successor is elected and qualified. On the Tuesday next following the first Monday in November, 1992, 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. The mayor shall run for election in the year the candidates for Post Number 1 and Post Number 2 seek election. Section 2. Said Act is further amended by striking paragraph (1) of subsection (b) of Section 4 and inserting in lieu thereof a new paragraph (1) to read as follows: (1) (A) The three councilmen elected in November, 1989, whose terms normally expire on the first Tuesday in December of 1991 shall remain in office 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. (B) The two councilmen who are to be elected in November, 1990, whose terms normally expire on the first Tuesday in December of 1992 shall remain in office until December 31, 1992, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1992, 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. Section 3. Said Act is further amended by striking subsection (d) of Section 5 in its entirety. 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.

Page 5167

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 1990 session of the General Assembly of Georgia a bill to allow the terms of office for the mayor and council for the City of Alapaha to remain at two years, for an indefinite period of time. Yancey, Perkins Barnick, P.C. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following date: January 17, 1990. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990.

Page 5168

AUGUSTA JUDICIAL CIRCUIT PROBATION OFFICERS; SALARY SUPPLEMENT. No. 1176 (House Bill No. 1956). AN ACT To amend an Act creating the Augusta Judicial Circuit, approved October 24, 1870 (Ga. L. 1870, p. 38), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 449), so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other probation personnel of the Augusta 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 Augusta Judicial Circuit, approved October 24, 1870 (Ga. L. 1870, p. 38), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 449), is amended by adding, following Section 7, a new Section 7.1 to read as follows: Section 7.1. The governing authority of each county comprising the Augusta Judicial Circuit is authorized, acting in its sole discretion, to supplement the state paid compensation of each probation officer within the circuit and other probation personnel within the circuit for the years 1989, 1990, and in the future. Any such supplemental compensation 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.

Page 5169

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a Bill to authorize the Board of Commissioners of Richmond County to supplement the salaries of State Probation Officers and other probation personnel of the Augusta Judicial Circuit; to provide an effective date; and for other purposes. This 9th day of January, 1990. 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, 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: January 15, 1990. /s/ Michael J. Padgett Representative, 86th District Sworn to and subscribed before me, this 15th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990.

Page 5170

MIDDLE GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION CREATION. No. 1177 (House Bill No. 2043). AN ACT To create the Middle 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 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 Middle 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 Middle Georgia Surface and Air Transportation Commission, which shall

Page 5171

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 61 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 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. Thirty 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

Page 5172

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 30 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 30 of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. 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

Page 5173

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 Middle Georgia Surface and Air Transportation Commission created by Section 2 of this Act. (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 Baldwin, Bibb, Bleckley, Crawford, Dodge, Houston, Jasper, Jones, Laurens, Monroe, Montgomery, Peach, Pulaski, Telfair, Toombs, Treutlen, Twiggs, Wheeler, Wilcox, and Wilkinson 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.

Page 5174

(5) Member municipality means the Cities of Abbeville, Alamo, Cochran, Dublin, Eastman, Forsyth, Fort Valley, Gray, Hawkinsville, Irwinton, Jeffersonville, Macon, McRae, Milledgeville, Monticello, Mount Vernon, Perry, Roberta, Soperton, and Vidalia 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 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 thereform 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:

Page 5175

(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 condmned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the 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

Page 5176

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 purchaes 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, facilties, 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

Page 5177

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; (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

Page 5178

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 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

Page 5179

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 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

Page 5180

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 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

Page 5181

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. 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 certificates, 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

Page 5182

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 earning 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 convenants 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 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,

Page 5183

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 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

Page 5184

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 resoltuion 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 Laurens 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 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.

Page 5185

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 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

Page 5186

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 commercial and private air traffic in the middle Georgia area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state and the metropolitan areas of middle 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 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 subsection (a) of this section through the establishment, maintenance,

Page 5187

and operation of unified and coordinated surface and air transportation systems in the middle 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 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.

Page 5188

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 is $10,000.00 or more, no purchase of any unique article or other articles unobtainable in the open market shall be made unless a report detailing why such unique article or other articles are unobtainable in the open market is submitted to the chairman of the commission.

Page 5189

(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, for the faithful performance of the contract and to indemnify the commission for any damages occasioned by a failure to perform

Page 5190

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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation

Page 5191

Commission; to provide for its organization and duties; and for other purposes. This 19th day of February, 1990. /s/ Curtis S. Jenkins Honorable Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 21, 1990. /s/ Curtis S. Jenkins Representative, 80th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission to provide for its organizations and duties and for other persons this 19th day of February, 1990. Representative Bobby Parham District 105

Page 5192

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham, who, on oath, deposes and says that he is Representative from the 105th 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: February 22, 1990. /s/ Bobby E. Parham Representative, 105th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 19th day of February, 1990. Larry Walker, Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal

Page 5193

which is the official organ of Houston County, on the following date: February 21, 1990. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 19th day of February, 1990. Honorable Terry Coleman Representative, 118th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Times which is the official organ of Telfair County, on the following date: February 21, 1990. /s/ Terry L. Coleman Representative, 118th District

Page 5194

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and duties, and for other purposes. This 19th day of February, 1990. TERRY COLEMAN Representative 118th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal-Spotlight which is the official organ of Dodge County, on the following date: February 22, 1990. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 5195

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the general assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission to provide for its organization and duties and for other purposes. This 19th day of February 1990. Honorable Robert Ray Rep. 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 21, 1990. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO PRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the regular 1990 session of the Georgia General Assembly a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and for other purposes.

Page 5196

This 19th day of February. Honorable Newt Hudson State Representative District 117 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following date: February 21, 1990. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO PRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the Regular 1990 Session of the Georgia General Assembly a bill to provide for the creation of a MIDDLE GEORGIA SURFACE AND AIR TRANSPORATION COMMISSION; to proved for its organization and for other purposes. This 19th day of February, 1990. Newt Hudson State Representative District 117

Page 5197

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that 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: February 22, 1990. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Notice of Intention to Produce Local Legislation Notice is given that there will be introduced in the regular 1990 session of the Georgia General Assembly a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission: to provide for its organization and for other purposes. This 19th day of February, 1990. Honorable Newt Hudson State Representative District 117 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is

Page 5198

the official organ of Bleckley County, on the following date: February 21, 1990. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INDUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission, to provide for its organization and duties, and for other purposes. This 19th day of February, 1990. Fisher Barfoot, Representative of Toombs, Wheeler, Montgomery and Truetlen Counties GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: February 21, 1990. /s/ Fisher Barfoot Representative, 120th District

Page 5199

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INDUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission, to provide for its organization and duties, and for other purposes. This 19th day of February, 1990. Fisher Barfoot, Representative of Toombs, Wheeler, Montgomery and Truetlen Counties GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following date: February 21, 1990. /s/ Fisher Barfoot Representative, 120th District

Page 5200

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly Of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 20th day of February, 1990. /s/ Denmark Groover, Jr. Representative 99th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: February 22, 1990. /s/ Denmark Groover, Jr. Representative, 99th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 5201

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the general assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 19th day of February, 1990. The Honorable Curtis S. Jenkins Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: February 22, 1990. /s/ Curtis S. Jenkins Representative, 80th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission to provide for its organ and duties and for other purposes.

Page 5202

This 19th day of February, 1990. 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: February 21, 1990. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission, to provide for its organization and duties, and for other purposes. This 19th day of February 1990. Kenneth Birdsong GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong, who,

Page 5203

on oath, deposes and says that he is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: February 21, 1990. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission to provide for its organization and duties and for other purposes this 19th day of February 1990. Kenneth W. Birdsong Representative District 104 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 Twiggs County New Era which is the official organ of Twiggs County, on the following date: February 21, 1990. /s/ Kenneth W. Birdsong Representative, 104th District

Page 5204

Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATIONS Notice is given that there will be introduced at the Regular 1990 Session of the General Assembly of Georgia, a bill to provide for the creation of a Middle Georgia Service and Air Transportation Commission; to provide for its organization and duties; and for other purposes. This 21st day of Feb., 1990. THE HONORABLE DUBOSE PORTER Representative 119 Distict 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: February 21, 1990. /s/ S. DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 5205

NOTICE OF INTENTION TO INDUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission, to provide for its organization and duties, and for other purposes. This 19th day of February, 1990. Fisher Barfoot, Representative of Toombs, Wheeler, Montgomery and Truetlen Counties GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Truetlen County, on the following date: February 21, 1990. /s/ Fisher Barfoot Representative, 120th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 Session of the General Assembly of GA a bill to provide for the creation of a Middle Georgia Surface and Air Transportation

Page 5206

Commission; to provide for its organization duties; and other purposes. This 20th day of February, 1990. FISHER BARFOOT Representative, 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following date: February 22, 1990. /s/ Fisher Barfoot Representative, 120th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide for the creation of a Middle Georgia Surface and Air Transportation Commission to provide for its organization and duties and for other purposes, this 19th day of February, 1990. Honorable Robert Ray Representative, 98th District

Page 5207

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 22, 1990. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 26th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. CITY OF CULLODEN CITY COUNCIL; ELECTION; TERMS. No. 1178 (House Bill No. 2055). AN ACT To amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), so as to provide for the elections and terms of members of the city council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 5208

Section 1. An Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), is amended by striking in its entirety paragraph (2) of subsection (c) of Section 1 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) On the second Wednesday in November, 1990, there shall be elected one member from each of council districts 1 and 3. Such members shall occupy offices to be known as Post 1 of each respective council district. They shall take office on the first Monday in January following their election for terms of two years and until their successors are elected and qualified. (B) On the second Wednesday in November, 1991, there shall be elected one member of the city council from council district 2. Such member shall occupy an office to be known as Post 1 of such council district. Such member shall take office on the first Monday in January following his election for a term of one year and until his successor is elected and qualified. (C) The successors to the council members occupying Post 1 of council districts 1, 2, and 3 shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for terms of two years and until their successors are elected and qualified. Section 2. Said Act is further amended by striking in its entirety paragraph (3) of subsection (c) of Section 1 and inserting in lieu thereof a new paragraph (3) to read as follows: (3) On the second Wednesday in November, 1991, and biennially thereafter, there shall be elected one member of the city council from each council district. Such members shall occupy offices to be known as Post 2 of each respective council district. They shall take office on the first Monday in January following their election for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first

Page 5209

Monday in January following such election for terms of two 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 1990 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Culloden, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended; and for other purposes. This 5th day of February, 1990. /s/ Curtis S. Jenkins Honorable Representative, 80 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 7, 1990. /s/ Curtis S. Jenkins Representative, 80th District

Page 5210

Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. CITY OF RIVERDALE CORPORATE LIMITS. No. 1179 (House Bill No. 2064). AN ACT To amend an Act creating a new charter for the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4653), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5152), so as to redefine the boundaries of the 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 creating a new charter for the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4653), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5152), is amended by striking Section 2, relating to corporate limits, and inserting in its place a new Section 2 to read as follows: Section 2. (a) Except as otherwise provided in subsection (b) of this section, the corporate limits of the City of Riverdale shall include the following territory, to wit: Beginning at an iron pin on the southerly right-of-way of Upper Riverdale Road, said pin being the northeastern corner of Lot 2, Block A, Section 1B of the Apple Valley Subdivision and

Page 5211

being 255 feet from the intersection of the southern right-of-way of Duchess Court, said court having a right-of-way width of 50 feet with the southern right-of-way of Upper Riverdale Road, said road having a right-of-way width of 100 feet; thence southeasterly 192.8 feet along the eastern property line of the aforementioned Lot 2 to an iron pin marking the southeastern corner of the lot; thence easterly 161 feet, more or less, to an iron pin marking the northwestern corner of property now or formerly owned by the Holy Cross Lutheran Church; thence easterly 118.6 feet along the northern property line of the tract of land now or formerly owned by the Holy Cross Lutheran Church to an iron pin; thence easterly 179.4 feet along the aforementioned northern property line to an iron pin, said course forming an interior angle of 1791100 with the course last run; thence easterly 116.0 feet along the aforementioned northern property line to an iron pin, said course forming an interior angle of 1800100 with the course last run; thence easterly 903.01 feet along the northern boundary of Phase I of Heathrow Subdivision to a point on the northern boundary of Lot 20, Phase I of Heathrow Subdivision; thence easterly 484.01 feet along the northern boundary of Phase I of Heathrow Subdivision to a point on the western right-of-way of Westfield Drive, said drive having a right-of-way width of 50 feet and said course forming an interior angle of 1804536 with the coarse last run; thence easterly 1573.8 feet, more or less, to the northeastern corner of property formerly owned by James Linwood Turner; thence southwesterly 716.2 feet, more or less, to the southeastern corner of property formerly owned by James Linwood Turner; thence westerly 1682.9 feet, more or less, to a point on the western right-of-way of Westfield Drive, said drive having a right-of-way width of 50 feet; thence westerly 709.91 feet along southern boundary of Phase I of Heathrow Subdivision to a point on the western line of Land Lot 149; thence southerly along the western line of Land Lot 149, 494.73 feet to a point on the northern right-of-way of Valley Hill Road, said road having a right-of-way width of 100 feet and said course forming an interior angle of 2702725 with the course last run; thence southeasterly 850 feet, more or less, along the northerly right-of-way of Valley Hill Road crossing Westfield Drive to a point; thence southwesterly across Valley Hill Road to a half inch iron pipe on the southerly right-of-way, said pipe being the eastern most corner of the Oaks Subdivision; thence southwesterly 721.49 feet along the southern property

Page 5212

line of the Oaks Subdivision to its intersection with the western line of Land Lot 149, said course forming an interior angle of 700934 with the southern right-of-way of Valley Hill Road; thence southerly 93 feet along the western line of land lot 149 to the intersection of Land Lots 149, 150, 171 and 172; thence westerly 734 feet, more or less, along the southern line of Land Lot 150 to a point marking the northeast corner of property now or formerly owned by Caldwell; thence southeasterly 648 feet along the east property line of the aforementioned Caldwell property to point; thence westerly 1476 feet along the south property line of the aforementioned Caldwell property to a point on the eastern right-of-way of Roberts Drive, said drive having a right-of-way width of 80 feet; thence southeasterly 998 feet, more or less, along the eastern right-of-way of Roberts Drive to the northwestern corner of Phase 1 of the Olde Williamsburg Subdivision; thence easterly 529.8 feet along the northern boundary of the aforementioned Olde Williamsburg Subdivision to a point; thence southerly 817.7 feet along the eastern boundary of the aforementioned Olde Williamsburg Subdivision to a point on the eastern right-of-way of Roberts Drive, said course forming an interior angle of 893300 with the course last run; thence southeasterly 825 feet, more or less, along the easterly right-of-way of Roberts Drive to its intersection with the southern line of Land Lot 171, said point being marked with a one-half inch diameter reinforcing bar; thence easterly 453.1 feet along the southerly lines of land lots 171 and 172 to an iron pin, said course forming an interior angle of 2371055 with the easterly right-of-way of Roberts Drive; thence southerly 964.79 feet to a point on the northerly right-of-way of Rountree Road, said road having a right-of-way width of 80 feet and said course forming an interior angle of 890302 with the course last run; thence across Rountree Road to a point on the southern right-of-way, said course forming an interior angle of 1800000 with the course last run; thence westerly along the southern right-of-way of Rountree Road to its intersection with the eastern right-of-way of Taylor Drive, said drive having a right-of-way width of 80 feet; thence southernly 1950 feet, more or less, along the eastern right-of-way of Taylor Drive to its intersection with the northern line of Land Lot 203; thence easterly 2036.1 feet, more or less, along the northern lines of Land Lots 203 and 204 to an iron pipe; thence southerly 592.4 feet to an angle iron, said course forming an interior angle of 902900 with the course last run; thence

Page 5213

westerly 1319.5 feet to an iron pipe, said course forming an interior angle of 904400 with the course last run; thence southerly 2017.2 feet, more or less, to a point on the northern right-of-way of Georgia Highway No. 138, said highway having a right-of-way width of 100 feet and said course forming an interior angle of 2704500 with the course last run; thence southeasterly 630 feet, more or less, along the northern right-of-way of Georgia Highway No. 138 to a point; thence across Georgia Highway No. 138 to a point on the southern right-of-way, said point being the northeastern corner of property now or formerly owned by the Emanuel Baptist Church; thence southerly 246 feet, more or less, along the eastern property line of the aforementioned Emanuel Baptist Church to the centerline of an abandoned road; thence southeasterly 126 feet, more or less, along the centerline of the aforementioned abandoned road to a point, thence southeasterly 200.8 feet along the centerline of an abandoned road to a point, said course forming an interior angle of 1914200 with the course last run; thence easterly 380.5 feet along the centerline of an abandoned road to an iron pipe, said course forming an interior angle of 1905000 with the course last run; thence southerly 2866.2 feet to a point on the southern line of Land Lot 213, said course forming an interior angle of 905300 with the course last run; thence easterly 1468.6 feet along the southern line of Land Lot 213 to the corner of Land Lots 212, 213, 236 and 237, said corner being marked by an iron pipe and said course forming an interior angle of 2701400 with the course last run; thence southerly 2806.2 feet along the eastern line of Land Lot 236 to the corner of land lots 236, 237, 244 and 245, said corner being marked by an iron pipe and said course forming an interior angle of 900300 with the course last run; thence westerly 654.0 feet along the southern line of Land Lot 236 to a three fourths inch diameter iron pipe, said course forming an interior angle of 901800 with the course last run; thence southerly 686.4 feet to a point, said course forming an interior angle of 2700000 with the course last run; thence southerly 88.25 feet to a one half inch diameter reinforcing bar, said course forming an interior angle of 1800000 with the course last run; thence westerly 188.77 feet to a one half inch diameter reinforcing bar, said course forming an interior angle of 821932 with the course last run; thence northwesterly 76.53 feet to a one half inch diameter reinforcing bar, said bar marking the northwest corner of Lot 4, Block G, Unit VI, of the Clayton Ridge Subdivision

Page 5214

and said course forming an interior angle of 1790614 with the course last run; thence northwesterly 82.68 feet to a one half inch diameter reinforcing bar, said bar marking the northwest corner of Lot 5, Block G, Unit VI, of the Clayton Riege Subdivision and said course forming an interior angle of 1445640 with the course last run; thence southwesterly 124.69 feet along the northwestern property line of Lot 5, Block G, Unit VI, of the Clayton Ridge Subdivision to its southwest corner on the northerly right-of-way of Avalon Way, said way having a right-of-way width of 50 feet and said course forming an interior angle of 2651548 with the course last run; thence across Avalon Way to a point on the southern right-of-way, said course forming an interior angle of 1800000 with the course last run; thence 144.77 feet along the southern right-of-way of Avalon Way to the southeast corner of Lot 1, Block H, Unit VI of the Clayton Ridge Subdivision, said right-of-way curving to the right and having a radius of 686.32 feet; thence southeasterly along the southern property line of the aforementioned Lot 1 and continuing in the same direction along the southern property line of Lot 2, Block H, Unit VI of the Clayton Ridge Subdivision for a total distance of 152.71 feet to a point; thence northwesterly 118.77 feet along the southern property line of the aforementioned Lot 2 to a point, said course forming an interior angle of 1105344 with the course last run; thence southeasterly 125.0 feet along the southern property line of Lot 3, Block H, Unit VI of the Clayton Ridge Subdivision to a point on the eastern right-of-way of Peachtree Lane, said lane having a right-of-way width of 50 feet and said course forming an interior angle of 2483234 with the course last run; thence across Peachtree Lane to a point on the western right-of-way, said course forming an interior angle of 1611650 with the course last run; thence southwesterly 356.95 feet along the southern property lines of Lots 48, 1, 2 and 3 of Block M, Unit VI of the Clayton Ridge Subdivision, said course forming an interior angle of 1855613 with the course last run; thence northwesterly 150.0 feet along the western property line of Lot 3, Block M, Unit VI of the Clayton Ridge Subdivision to a point on the southern right-of-way of Peachtree Drive, said drive having a right-of-way width of 50 feet and said course forming an interior angle of 900000 with the course last run; thence northwesterly across Peachtree Drive to a point on the northern right-of-way, said point being the southwestern corner of Lot 8, Block J, Unit VI of the Clayton Ridge Subdivision

Page 5215

and said course forming an interior angle of 2145823 with the course last run; thence northwesterly 156.21 feet along the eastern property line of Lot 9, Block J, Unit VI of the Clayton Ridge Subdivision to the northeast corner of the aforementioned Lot 9, said course forming an interior angle of 1450136 with the course last run; thence southwesterly 149.57 feet along the northern property lines of Lots 9 and 10, Block J, Unit VI of the Clayton Ridge Subdivision to the northwestern corner of the aforementioned Lot 10, said course forming an interior angle of 2643357 with the course last run; thence southwesterly 75.14 feet along the northern property line of Lot 11, Block J, Unit VI of the Clayton Ridge Subdivision to the northwest corner of the aforementioned Lot 11, said course forming an interior angle of 1764349 with the course last run; thence southwesterly 240.01 feet along the northern property lines of Lots 12, 13, and 14, Block J, Unit VI of the Clayton Ridge Subdivision to a corner of the aforementioned Lot 14, said course forming an interior angle of 1723107 with the course last run; thence southwesterly 70.09 feet to a corner of the aforementioned Lot 14, said course forming an interior angle of 2475150 with the course last run; thence southwesterly 97.97 feet along the northern property line of Lot 15, Block J, Unit VI of the Clayton Ridge Subdivision to a point on the eastern right-of-way of Plumtree Drive, said drive having a right-of-way width of 50 feet and said course forming an interior angle of 1177436 with the course last run; thence southwesterly 282.64 along the eastern right-of-way of Plumtree Drive crossing Peachtree Drive to a point; thence across Plumtree Drive to a point on the western right-of-way, said point being the southeast corner of Lot 1, Block L, Unit VI, of the Clayton Ridge Subdivision; thence southwesterly 142.99 feet along the southern property line of the aforementioned Lot 1 to its southwestern corner; thence southwesterly 142.30 feet to the southeast corner of Lot 21, Block E, Unit III of the Heritage Place Subdivision, said course forming an interior angle of 1915120 with the course last run; thence southwesterly 110.00 feet to the southwestern corner of the aforementioned Lot 21, said corner being on the eastern right-of-way of Peachtree Drive, said drive having a right-of-way width of 50 feet, and said course forming an interior angle of 1503445 with the course last run; thence 60 feet, more or less, across Peachtree Drive to the southeasterly corner of Lot 12, Block D, Unit III of the Heritage Place Subdivision; thence southwesterly along the

Page 5216

southern property line of Lot 12, Block D, Unit III of the Heritage Place Subdivision, to the southwestern corner of the aforementioned Lot 12; thence northwesterly 90 feet, more or less, along the western property line of Lot 12, Block D, Unit III of the Heritage Place Subdivision, said point being the southeastern corner of Lot 11, Unit I of the Heritage Place Subdivision; thence southwesterly 100 feet, more or less, along the southern property line of Lot 11, Unit I of the Heritage Place Subdivision to a point on the eastern right-of-way of Glenwoods Drive, said drive having a right-of-way width of 50 feet; thence northwesterly 149.50 feet along the eastern right-of-way of Glenwoods Drive, said course forming an interior angle of 900001 with the course last run; thence northwesterly along the eastern right-of-way of Glenwoods Drive 167.61 feet along an arc having a chord of 166.49 feet to a point; said chord forming an interior angle of 1683304 with the course last run; thence northwesterly 50.00 feet to a point, said course forming an interior angle of 1683304 with the chord of the course last run; thence northwesterly 126.87 feet along an arc having a chord of 126.31 feet to a point, said chord forming an interior angle of 1891602 with the course last run; thence northwesterly 65.59 feet to a point, said course forming an interior angle of 1891602 with the chord of the course last run; thence northwesterly 187.46 feet along an arc having a chord of 186.23 feet to a point, said chord forming an interior angle of 1683818 with the course last run; thence northerly 1000 feet, more or less, along the eastern right-of-way of Glenwoods Drive to a point, said point being the southerly corner of the lot on the southeast corner of the intersection of Glenwoods Drive with Glenwoods Terrace; thence southeasterly 350 feet, more or less, along the southern property lines of Lots 1, 2, and 3, Block G, Unit 4 of the Park Ridge Subdivision to a point on the westerly right-of-way of Park Ridge Lane, said lane having a right-of-way width of 50 feet; thence southerly along the western right-of-way of Park Ridge Lane 44.36 feet, to a point; thence across Park Ridge Lane to a point on the eastern right-of-way of Park Ridge Lane, said point being the northwest corner of Lot 4, Block H, Unit 5, Park Ridge Subdivision; thence easterly 327.0 feet along the northern property lines of Lots 4 and 12, Block H, Unit 5, Park Ridge Subdivision to a point, said point being thee northeast corner of Lot 12, Block H of the Park Ridge Subdivision; thence easterly 280.0 feet along the northern property lines of Lots 13, 14, and 15,

Page 5217

Block, H, Unit 5 of the Park Ridge Subdivision, said course forming an angle of 1795100 with the course last run; thence northerly 1175.3 feet along eastern property lines of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, and 4, Block B, Unit 1 of the Glenwoods Subdivision, said course forming an interior angle of 2685938 with the course last run; thence northwesterly 148.23 feet along the eastern property line of Lot 3, Block B, Unit 1 of the Glenwoods Subdivision to a point on the southern right-of-way of Glenwoods Drive, said drive having a right-of-way width of 50 feet and said course forming an interior angle of 2051206 with the course last run; thence across Glenwoods Drive to a point being the southwest corner of Lot 2, Block A, Unit 1 of the Glenwoods Subdivision; thence northwesterly 245.22 feet along the western property line of Lot 2, Block A, Unit 1 of the Glenwoods Subdivision to a point, said point being the northwest corner of the aforementioned Lot 2; thence easterly 148.1 feet along the northern property line of Lots 2 and 1, Block A, Unit 1 of the Glenwoods Subdivision to a point on the western right-of-way of Taylor Road, said road having a right-of-way width of 80 feet and said course forming an interior angle of 911036 with the course last run; thence northwesterly 546.6 feet, along the western right-of-way of Taylor Road to a point, said point being the southeast corner of Lot 6, Block B, Unit 1 of Park Ridge Subdivision and said course forming an interior angle of 2870530 with the course last run; thence southwesterly 168.2 feet along the southern properly line of Lot 6, Block B, Unit 1 of the Park Ridge Subdivision to a point, said point being the southwest corner of the aforementioned Lot 6 and said course forming an interior angle of 2700630 with the course last run; thence northwesterly 258.0 feet along the western property lines of Lots 6, 7 and 8, Block B, Unit 1 of the Park Ridge Subdivision to a point, said course forming an interior angle of 881800 with the course last run; thence northeasterly 25.0 feet along the property line of the aforementioned Lot 8 to a point, said point being the southwest corner of Lot 9, Block B, Unit 1 of the Park Ridge Subdivision and said course forming an interior angle of 13246700 with the course last run; thence northwesterly 100.0 feet along the western property line of the aforementioned Lot 9 to a point on the southern right-of-way of Park Ridge Drive, said course forming an interior angle of 2174430 with the course last run; thence northwesterly across Park Ridge Drive to a point on its northern right-of-way,

Page 5218

said point being the southwestern corner of Lot 6, Block A, Unit 1 of the Park Ridge Subdivision; thence northwesterly 133.0 feet along the western property line of the aforementioned Lot 6 to its northwest corner; thence northeasterly 158.1 feet along the northern property line of the aforementioned Lot 6 to its northeast corner, said corner being on the western right-of-way of Taylor Road, said road having a right-of-way width of 80 feet and said course forming an interior angle of 812530 with the course last run; thence northerly 752.8 feet along the western right-of-way of Taylor Road to the southeastern corner of tract of land, said corner being 374.5 feet north of the southern line of Land Lot 214; thence westerly 418 feet to the southwestern corner of the aforementioned tract; thence northerly 104.5 feet to the northwestern corner of the aforementioned tract; thence easterly 418 feet to the northeastern corner of the aforementioned tract, said corner being on the western right-of-way of Taylor road; thence northerly along the western right-of-way of Taylor Road to the southeastern corner of the property at 7813 Taylor Road, said corner being 172.0 feet measured along the western right-of-way of Taylor Road southeasterly from the intersection of the north line of Land Lot 214 with the western right-of-way of Taylor Road; thence southwesterly 107.0 feet to an iron pin marking a corner on the southern property line of the aforementioned 7813 Taylor Road; thence westerly 618.6 feet to the southwestern corner of the aforementioned 7813 Taylor Road; thence northerly 209.0 feet to an iron pin marking the northwestern corner of the aforementioned 7813 Taylor Road; said course forming an interior angle of 900000 with the course last run; thence easterly 208.6 feet to an iron pin marking a corner in the northern property line of the aforementioned 7813 Taylor Road, said course forming an interior angle of 900000 with the course last run; thence northeasterly 330.0 feet to an iron pin on the westerly right-of-way of Taylor Road, said course forming an interior angle of 1844414 with the course last run; thence northwesterly along the western right-of-way of Taylor Road to its intersection with the southerly right-of-way of Georgia Highway No. 138, said highway having a right-of-way width of 100 feet; thence northwesterly 650 feet, more or less, along the southern right-of-way of Georgia Highway No. 138 to a point; thence northerly across Georgia Highway 138 to a point on the northern right-of-way; thence northerly 1445.1 feet to an iron pin on the northern line of Land Lot 203; thence westerly

Page 5219

1633.4 feet along the northern line of Land Lot 203 to an iron pin marking the corner of Land Lots 182, 183, 202, and 203, said course forming an interior angle of 2690400 with the course last run; thence northerly 1735.4 feet along the western line of Land Lot 182 to an iron pipe, said course forming an interior angle of 905600 with the course last run; thence continuing northerly along the western line of Land Lot 182, 400 feet, more or less to a point; thence westerly 840 feet to a point; thence northerly 155 feet to a point; thence easterly 150 feet to a point; thence northerly 250 feet to a point; thence westerly 450 feet to a point on the eastern right-of-way of Georgia Highway No. 85, said highway having a right-of-way width of 170 feet; thence southerly 908 feet, more or less, along the eastern right-of-way of Georgia Highway No. 85 to its intersection with the northern right-of-way of Roundtree Road; thence southeasterly 413 feet along the northern right-of-way of Roundtree Road to a point; thence southerly across Rountree Road to a point on the southern right-of-way; thence southerly 184 feet, more or less, along the eastern property line of Lots 15 and 14, Block D of the J. D. McElroy Subdivision to the southeast corner of the aforementioned Lot 14; thence westerly 400 feet along the southern property line of the aforementioned Lot 14 to its southwestern corner, said corner being on the eastern right-of-way of Georgia Highway No. 85; thence southerly along the eastern right-of-way of Georgia Highway No. 85 to the northwestern corner of Lot 10, Block D of the J. D. McElroy Subdivision; thence easterly 400 feet along the northern property line of the aforementioned Lot 10 to the northeast corner of the aforementioned Lot 10; thence southerly 200 feet along the eastern property lines of Lots 10 and 9, Block D of the J. D. McElroy Subdivision to the southeast corner of the aforementioned Lot 9; thence easterly 395.4 feet along the northern property line of Lot 22, Block D of the J. D. McElroy Subdivision to an iron pin located on the western right-of-way of Pine Road, said road having a right-of-way width of 40 feet; thence southerly 201.36 feet along the western right-of-way of Pine Road to an iron pin marking the southeast corner of Lot 23, Block D of the J. D. McElroy Subdivision, said course forming an interior angle of 854931 with the course last run; thence westerly 395.49 feet along the southern property of the aforementioned Lot 23 to its southwest corner marked by an iron pin, said course forming an interior angle of 934103 with the course last run; thence southerly

Page 5220

100.75 feet along the western property line of Lot 24, Block D of the J. D. McElroy Subdivision to an iron pin marking the southwest corner of the aforementioned Lot 24, said course forming an interior angle of 2662154 with the course last run; thence westerly 200.0 feet along the southern property line of Lot 6, Block D of the J. D. McElroy Subdivision to an iron pin, said course forming an interior angle of 939154 with the course last run; thence northerly 100.0 feet to a point on the northern property line of the aforementioned Lot 6, said course forming an interior angle of 1003916 with the course last run; thence westerly 200.0 feet along the northern property line of the aforementioned Lot 6 to an iron pin on the eastern right-of-way of Georgia Highway No. 85, said course forming an interior angle of 2711838 with the course last run; thence westerly 170 feet across Georgia Highway No. 85 to a point on the western right-of-way of Georgia Highway No. 85, said course forming an interior angle of 1763500 with the course last run; thence northerly along the western right-of-way of Georgia Highway No. 85 to its intersection with the northerly right-of-way of Scott Road, said road having a right-of-way width of 35 feet and said course forming an interior angle of 900000 with the course last run; thence westerly 329.8 feet along the northern right-of-way of Scott Road to its intersection with the eastern right-of-way of McElroy Drive, said drive having a right-of-way width of 40 feet and said intersection being marked by an iron pin; thence northerly 385.0 feet along the eastern right-of-way of McElroy Drive to an iron pin; thence easterly 151 feet to a point; thence northerly 100 feet to a point; thence westerly 151 feet to a point on the easterly right-of-way of McElroy Drive; thence northerly 731.7 feet along the eastern right-of-way of McElroy Drive to an iron pin marking its intersection with the southern right-of-way of Bethsaida Road, said road having a right-of-way width of 80 feet; thence northwesterly along the southern right-of-way of Bethsaida Road crossing McElroy Drive to an iron pin marking the southeast corner of property now or formerly owned by the Macedonia Baptist Church; thence westerly 992.15 feet to an iron pin on the western line of Land Lot 183; thence northerly 100.0 feet along the western line of Land Lot 183 to an iron pin, said course forming an interior angle of 892100 with the course last run; thence northerly 220 feet, more or less, along the western boundary of Land Lot 183 to its intersection with an unnamed branch, said branch being tributary to Camp Creek; thence northwesterly

Page 5221

462 feet, more or less, along the centerline of the aforementioned unnamed branch to an iron pin; thence northerly 1421.6 feet to a point on the southern right-of-way of Bethsaida Road, said road having a right-of-way width of 80 feet; thence across Bethsaida Road to a point on the northern right-of-way, said course forming an interior angle of 1800000 with the course last run; thence southeasterly along the northern right-of-way of Bethsaida Road to the southwest corner of a tract of land now or formerly owned by Woodrow P. Clark; thence northerly 258.6 feet along the western property line of the aforementioned Clark property to its northwest corner; thence southeasterly 150.0 feet along the northern property line of the aforementioned Clark property to its northeast corner, said corner being on the western line of Land Lot 170; thence northerly 719.4 feet along the western line of Land Lot 170 to a concrete monument; thence westerly 745.0 feet to an iron pin, said course forming an interior angle of 2682130 with the course last run; thence northerly 673.0 feet to an iron pin on the northern line of Land Lot 169, said course forming an interior angle of 905130 with the course last run; thence westerly 4.7 feet, more or less, along the northern line of Land Lot 169 to an iron, said course forming an interior angle of 2690800 with the course last run; thence northerly 58.0 feet to an iron pin, said course forming an interior angle of 893000 with the course last run; thence westerly 410 feet to an iron pin, said course forming an interior angle of 2700000 with the course last run; thence northerly 283 feet to a point on the southern right-of-way of Evans Road; thence southwesterly 244 feet, more or less, along the southern right-of-way of Evans Road to a point; thence northwesterly across Evans Road to an iron pin on the northern right-of-way of Evans Road marking southeast corner of property now or formerly owned by Steven M. Fincher; thence northwesterly 150.32 feet to an iron pin; northwesterly 112.34 feet to an iron pin, said course forming an interior angle of 1494018 with the course last run; thence northerly 55.25 feet to an iron pin, said course forming an interior angle of 1322024 with the course last run; thence northeasterly 234.85 feet to an iron pin, said course forming an interior angle of 1683326 with the course last run; thence northwesterly 356.42 feet to an iron pin, said course forming an interior angle of 2724224 with the course last run; thence southwesterly 429.79 feet to an iron pin, said course forming an interior angle of 2724500 with the course last run; thence

Page 5222

southeasterly 103.84 feet to an iron pin, said course forming an interior angle of 2054200 with the course last run; thence southwesterly 108.61 feet to an iron pin on the northern line of Land Lot 169, said course forming an interior angle of 1514200 with the course last run; thence westerly 1128.65 feet along the northern line of Land Lot 169 to the corner of Land Lots 152, 153, 168 and 169, said course forming an interior angle of 973700 with the course last run; thence northerly 1336.87 feet along the western line of Land Lot 152 to an iron pin, said course forming an interior angle of 912920 with the course last run; thence easterly 691.68 feet to an iron pin, said course forming an interior angle of 891620 with the course last run; thence northerly 304 feet, more or less, along the centerline of Camp Creek to a point on the south property line of a tract of land being No. 6 on a plat prepared for J. W. McConnell by W. J. Lee dated October 22, 1914; thence westerly 230 feet, more or less, along the aforementioned south property line to a point; thence northerly 1167 feet along the western property line of Tract Nos. 6, 5, 4 and 3 on the aforementioned plat prepared by W. J. Lee to a point on the northern line of Land Lot 152, said course forming an interior angle of 903000 with the course last run; thence westerly along the northern line of Land Lot 152 to the corner of Land Lots 136, 137, 152 and 153, said course forming an interior angle of 2693000 with the course last run; thence northerly 300 feet, more or less, along the western line of Land Lot 137 to a point; thence easterly 423 feet, more or less to a point; thence northerly 393 feet, more or less, to a point; thence northeasterly 348 feet, more or less, to a point on the southern right-of-way of King Road; thence northwesterly 350 feet, more or less, along the southern right-of-way of King Road to a point; thence easterly 989 feet, more or less, to an iron pin marking the southwest corner of a 11.89 acre tract of land formerly owned by E. Irving Camp; thence northerly 358 feet to the northwest corner of the aforementioned Camp property; thence northerly 950 feet, more or less, along the western boundary of a 44 acre tract of land formerly owned by A. C. Mobley to the centerline of a 160 foot wide Georgia Power Company right-of-way; thence southwesterly 1500 feet, more or less, along the centerline of the aforementioned Georgia Power Company right-of-way to a point on the eastern right-of-way of King Road; thence northwesterly along the eastern right-of-way of King Road to its intersection with the western line of Land Lot 137; thence

Page 5223

northerly 134 feet, more or less, along the western line of Land Lot 137 to an iron pin marking the southern most property corner of 6338 Walker Road; thence northerly 223.0 feet to an iron pin, said course forming an interior angle of 1823000 with the course last run; thence southwesterly 260.6 feet along the southern property line of the aforementioned 6338 Walker Road to an iron pin on the eastern right-of-way of Walker Road, said course forming an interior angle of 2790000 with the course last run; thence southwesterly across Walker Road to a point on the western right-of-way, said course forming an interior angle of 1800000 with the course last run; thence northerly along the western right-of-way of Walker Road to its intersection with the southern right-of-way of East Fayetteville Road; thence northerly across East Fayetteville Road to the intersection of the western right-of-way of Walker Road with the northern right-of-way of East Fayetteville Road; thence easterly across Walker Road to the intersection of the eastern right-of-way of Walker Road with the northern right-of-way of East Fayetteville Road; thence easterly 237.3 feet along the northern right-of-way of East Fayetteville Road to a point; thence southerly across East Fayetteville Road to the northeast corner of a lot now or formerly owned by L. C. Hemmings; thence southerly 200.0 along the eastern property line of the aforementioned Hemmings property to its southeast corner; thence easterly 200.0 feet to the southwest corner of a lot now or formerly owned by H. Mulkey, said course forming an interior angle of 2682500 with the course last run; thence northerly 200 feet along the western property line of the aforementioned Mulkey property to its northwest corner, said corner being located on the southern right-of-way of East Fayetteville Road, and said course forming an interior angle of 2713500 with the course last run; thence easterly 100.0 feet along the southern right-of-way of East Fayetteville Road to the northeast corner of the aforementioned Mulkey property, said course forming an interior angle of 882500 with the course last run; thence southerly 200.0 feet to the southeast corner of the aforementioned Mulkey property, said course forming an interior angle of 913500; thence easterly 300.0 feet to a point, said course forming an interior angle of 2682500; thence northeasterly 130.6 feet to a point, said course forming an interior angle of 1974500 with the course last run; thence easterly 125.0 feet to a point on the western right-of-way of Pineview Terrace, said terrace having a right-of-way

Page 5224

width of 50 feet and said course forming an interior angle of 1621500 with the course last run; thence easterly across Pineview Terrace to a point on the eastern right-of-way, said course forming an interior angle of 1800000 with the course last run; thence southerly 350 feet, more or less, along the eastern right-of-way of Pineview Terrace to a point; thence easterly 310 feet, more or less, to a point; thence southwesterly 809.0 feet to an iron pin, said course forming an interior angle of 851600 with the course last run; thence southerly 50.0 feet to an iron pin, said course forming an interior angle of 1781500 with the course last run; thence southerly 354.0 feet to an iron pin on the northern line of Land Lot 137, said course forming an interior angle of 1851500 with the course last run; thence easterly 1540 feet, more or less, along the northern line of Land Lot 137 to its intersection with the western right-of-way of Georgia Highway No. 138, said highway having a right-of-way width of 100 feet and said course forming an interior angle of 2703500 with the course last run; thence northwesterly 250 feet, more or less, along the western right-of-way of Georgia Highway No. 138 to a point; thence northeasterly across Georgia Highway No. 138 to an iron pin marking the western most corner of property now or formerly owned by Kwang Myung Yi et al and located 375.0 feet along the eastern right-of-way of Georgia Highway No. 138 from the southern right-of-way of Higgins Drive and said course forming an interior angle of 900000 with the course last run; thence northeasterly 196.5 feet to an iron pin located on the eastern line of Land Lot 120, said course forming an interior angle of 1764300 with the course last run; thence southerly 25.9 feet along the eastern line of Land Lot 120 to a point; said course forming an interior angle of 503300 with the course last run; thence southeasterly 445 feet, more or less, to a concrete monument, said monument being the western most corner of a parcel of land now or formerly owned by Henry C. Haley and said course forming an interior angle of 2245830 with the course last run; thence northeasterly 164 feet along the northern property line of the aforementioned Haley property to an iron pin or the western right-of-way of Lee's Mill Road, said road having a right-of-way width of 50 feet and said course forming an interior angle of 2325140 with the course last run; thence northeasterly across Lee's Mill Road to a point on the eastern right-of-way, said course forming an interior angle of 180000 with the course last run; thence southeasterly along the eastern

Page 5225

right-of-way of Lee's Mill Road to its intersection with the northern right-of-way of Adams Drive, said drive having a right-of-way width of 40 feet; thence easterly 234 feet, more or less, along the northerly right-of-way of Adams Drive to an iron pin marking the southwest corner of Lot 7 of the Williams property; thence northwesterly 403 feet, more or less, to the centerline of an unnamed branch, said point being referenced by an iron pin located 10 feet south of the branch centerline; thence easterly 809.5 feet, more or less, along the centerline of the unnamed branch to the northeast corner of Lot 1 of the Williams property; thence northerly 181 feet, more or less, to a point on the northern line of Land Lot 138; thence northwesterly 379 feet to a point, said course forming an interior angle of 1902200 with the course last run; thence westerly 1038 feet, more or less, to a point on the eastern right-of-way of Lee's Mill Road, said road having a right-of-way width of 50 feet and said course forming an interior angle of 2585300 with the course last run; thence northeasterly 782 feet, along the eastern right-of-way of Lee's Mill Road to a point, said course forming an interior angle of 854500 with the course last run; thence easterly 2008 feet to a point on the western right-of-way of Georgia Highway No. 85, said highway having a right-of-way width of 170 feet and said course forming an interior angle of 950000 with the course last run; thence northeasterly along the western right-of-way of Georgia Highway No. 85 to its intersection with the southern right-of-way of Poplar Springs Road; thence northeasterly across Georgia Highway No. 85 to a point on the eastern right-of-way; thence easterly 1062 feet, more or less, to a point; thence southerly 962.9 feet, more or less, to an iron pin marking the northwest corner of Lot 11 of the Connie Lee Subdivision, said course forming an interior angle of 901500 with the course last run; thence easterly 492.32 feet along the northern property line of the aforementioned Lot 11 to an iron pin on the western right-of-way of Pine Grove Road, said road having a right-of-way width of 30 feet and said course forming an interior angle of 2690145 with the course last run; thence southerly 100.00 feet along the western right-of-way of Pine Grove Road to an iron pin marking the southeast corner of the aforementioned Lot 11, said course forming an interior angle of 910324 with the course last run; thence westerly 98.50 feet to an iron pin, said course forming an interior angle of 885639 with the course last run; thence southerly 201.14 feet to an iron pin; said course forming an

Page 5226

interior angle of 2710115 with the course last run; thence easterly 98.50 feet to an iron pin on the western right-of-way of Pine Grove Road, said course forming an interior angle of 2692100 with the course last run; thence southerly 183.85 feet along the western right-of-way of Pine Grove Road to its intersection with the northerly right-of-way of Roy Huie Road, said road having a right-of-way width of 80 feet and said course forming an interior angle of 903846 with the course last run; thence easterly across Pine Grove Road to the intersection of the northerly right-of-way of Roy Huie Road with the easterly right-of-way of Pine Grove Road; thence easterly 810 feet, more or less, along the northern right-of-way of Roy Huie Road to its intersection with the eastern right-of-way of Johnson Road, said road having a right-of-way width of 40 feet; thence northerly 183.8 feet along the eastern right-of-way of Johnson Road to an iron pin marking the northwest corner of a parcel of land now or formerly owned by Alton B. Adams; thence easterly 295.0 feet along the north property line of the aforementioned Adams property to an iron pin marking the northeast corner of the aforementioned Adams property; thence southerly 190.5 feet along the eastern property line of the aforementioned Adams property to an iron pin on the northern right-of-way of Roy Huie Road; thence easterly 100.0 feet along the northern right-of-way of Roy Huie Road to an iron pin marking the intersection of the northern right-of-way of Roy Huie Road with the eastern line of Land Lot 118, said course forming an interior angle of 267330 with the course last run; thence northerly 2965.5 feet along the eastern line of Land Lot 118 to a rock marking the common corner of Land Lots 107, 108, 117 and 118; thence easterly along the northern line of Land Lot 117 a distance of 2667.4 feet to an iron pin; thence southerly, 2985 feet to a rock located on the southern line of Land Lot 117, said course forming an interior angle of 900000 with the course last run; thence westerly along the southern line of Land Lot 117, 946.7 feet to a point, said course forming an interior angle of 900900 with the course last run; thence northerly 350.0 feet to a point, said course forming an interior angle of 900000 with the course last run; thence westerly 602.5 feet to a point, said course forming an interior angle of 2700000 with the course last run; thence northwesterly 100.0 feet to a point, said course forming an interior angle of 1593000 with the course last run; thence southwesterly 196.2 feet to a point, said course forming an interior angle of

Page 5227

2243000 with the course last run; thence westerly 412.7 feet to a point, said course forming an interior angle of 1540000 with the course last run; thence southerly 290.2 feet to a point on the northern right-of-way of Roy Huie Road, said road having an 80 foot right-of-way width and said course forming an interior angle of 2700000 with the course last run; thence southerly across the aforesaid Roy Huie Road to a point on the southern right-of-way of Roy Huie Road, said course forming an interior angle of 1800000 with the course last run; thence westerly along the southern right-of-way of Roy Huie Road 351.0 feet to a point on the western line of Land Lot 140; thence southerly along western line of Land Lot 140, 1534 feet, more or less, to an iron pin, said course forming an interior angle of 2701500 with the course last run; thence southeasterly 873.2 feet to an iron pin, said course forming an interior angle of 2610300 with the course last run; thence southeasterly 91.7 feet to an iron pin, said course forming an interior angle of 1790000 with the course last run; thence southeasterly 91.7 feet to an iron pin, said course forming an interior angle of 1802400 with the course last run; thence easterly 174.7 feet to a point, said course forming an interior angle of 1894200 with the course last run; thence easterly 75.2 feet to a point, said course forming an interior angle of 1802000 with the course last run; thence easterly 224.4 feet to a point, said course forming an interior angle of 1795300 with the course last run; then easterly 225.7 feet to a point, said course forming an interior angle of 1794700 with the course last run; thence easterly 140.9 feet to a point on the westerly right-of-way of Roy Huie Road, said road having an 80 foot right-of-way width and said course forming an interior angle of 1800600 with the course last run; thence across Roy Huie Road to a point on the eastern right-of-way of the aforementioned road, said course forming an interior angle of 1800000 with the course last run; thence southeasterly 650 feet, more or less, along the eastern right-of-way of Roy Huie Road to its intersection with the northern right-of-way of Upper Riverdale Road, said Upper Riverdale Road having an 80 foot right-of-way width and said course forming an interior angle of 1064700 with the course last run; thence across Upper Riverdale Road to a point on the southern right-of-way of Upper Riverdale Road, said course forming an interior angle of 1800000 with the course last run; thence along the southern right-of-way of Upper Riverdale Road, 3670

Page 5228

feet, more or less, to a point, said point being the point of beginning. (b) The following parcels are specifically excepted and excluded from the corporate limits of the City of Riverdale: (1) Excluded Parcel No. 1: That tract or parcel of land lying and being in Land Lot 149 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Beginning at the intersection of the southern right-of-way of Valley Hill Road, said road having a right-of-way width of 100 feet, with the west line of Land Lot 149; thence southerly 160 feet, more or less, along the western line of Land Lot 149 to a point, said point being the northwest corner of the Oaks Subdivision; thence easterly 281.48 feet along the north property line of the aforementioned Oaks Subdivision to a point on the southern right-of-way of Valley Hill Road; thence northwesterly 300 feet, more or less, along the southern right-of-way of Valley Hill Road to the point of beginning. (2) Excluded Parcel No. 2: That tract or parcel of land lying and being in Land Lot 182 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Beginning at the intersection of the southern right-of-way of Rountree Road, said road having a right-of-way width of 80 feet, with the western right-of-way of Taylor Drive, said drive having a right-of-way width of 80 feet; thence southwesterly 584.8 feet, more or less, along the western right-of-way of Taylor Drive to a point; thence northwesterly 558.7 feet, more or less to a point; thence northerly 465.2 feet, more or less, to a point on the southern right-of-way of Rountree Road; thence 607 feet, more or less, along the southern right-of-way of Rountree Road to the point of beginning. (3) Excluded Parcel No. 3: That tract or parcel of land lying and being in Land Lot 170 of the 13th Land District of

Page 5229

Clayton County, Georgia and being more particularly described as follows: Lots 1 and 2, Block A of the Everett-Groover Subdivision lying on the north side of the Dahlonega Drive and on the east side of Georgia Highway No. 85, said lots being each 100 feet wide by 200 feet deep. (4) Excluded Parcel No. 4: That tract or parcel of land lying and being in Land Lot 183 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Lot 8, Block D of the J.D. McElroy Subdivision, said lot fronting on Georgia Highway No. 85. and being approximately 100 feet wide by 400 feet deep. (5) Excluded Parcel No. 5: That tract or parcel of land lying and being in Land Lot 138 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Commencing at the intersection of the western right-of-way of Georgia Highway No. 139, said highway having a right-of-way width of 100 feet, with the northern right-of-way at King Road, said road having a right-of-way width of 60 feet; thence westerly 874 feet along the northern right-of-way of King Road to the point of beginning. From the point of beginning run northerly 134 feet to a point; thence easterly 175 feet to a point; thence northerly 400 feet, more or less, to a point; thence westerly 200 feet to a point; thence southerly 534 feet, more or less, to a point on the northern right-of-way of King Road; thence easterly 25 feet to the point of beginning, said property being known as 869 King Street. (6) Excluded Parcel No. 6: That tract or parcel of land lying and being in Land Lot 118 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Lot 1 of the Connie Lee Subdivision located on the north side of Roy Huie Road 394 feet from the intersection of the

Page 5230

western right-of-way of Pine Grove Road with the northern right-of-way of Roy Huie Road, said lot being approximately 98.5 feet wide by 394 feet deep. (7) Excluded Parcel No. 7: That tract or parcel of land lying and being in Land Lots 139 and 150 of the 13th Land District of Clayton County, Georgia and being more particularly described as follows: Beginning at the point marking the intersection of the south line of Land Lot 139 of the 13th Land District of Clayton County, Georgia, with a circle having a one-half mile radius and its center on the centerline of Georgia Highway No. 139 (also known as Main Street) 245 feet west of the centerline of Georgia Highway No. 85 and running thence southerly along the aforementioned circle 350 feet, more or less, to the intersection of the circle with the northern property line of a parcel of land known as 445 Upper Riverdale Road; thence northeasterly 116 feet, more or less, along the northern property line of 445 Upper Riverdale Road to the northeastern corner of the parcel; thence southerly along the eastern property line of 445 Upper Riverdale Road, 243 feet, more or less, to a point on the northerly right-of-way of Upper Riverdale Road, said road having a right-of-way width of 80 feet; thence northeasterly along the northerly right-of-way of Upper Riverdale Road 1420 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Upper Riverdale Road with the eastern line of Land Lot 150; thence northerly 392.2 feet along the western line of Land Lot 140 to an iron pin, thence westerly 1100.8 feet to an iron pin, said course forming an interior angle of 2695100 with the course last run; thence southerly 326.6 feet, more or less, to a point on the northern line of Land Lot 150, said course forming an interior angle of 2700500 with the course last run; thence westerly along the northern line of Land Lot 150 to its intersection with the aforementioned circle, said circle having a one-half mile radius and said intersection being the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 5231

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION CITY OF RIVERDALE, GEORGIA Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to amend the charter of the City of Riverdale, Georgia by redefining the City's corporate limits; to provide for related matters; and for other purposes. This 22 day of January, 1990. GLAZE, GLAZE, FINCHER BRAKEFIELD Attorneys for the City of Riverdale GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: January 25, 1990. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 20th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990.

Page 5232

HENRY COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; ELECTION; REFERENDUM. No. 1180 (House Bill No. 2066). 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), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4829), so as to provide for the date of election and date of taking office of the initial chairman of the board of commissioners; to provide for the date of the referendum for approval or rejection; to change the effective dates of said Act; to provide for other matters relative to the chairman and board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled An Act to 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), as amended by an Act approved March 30, 1989 (Ga. L. 1989, p. 4829), is amended by striking all substantive provisions

Page 5233

thereof and inserting in their place new Sections 1 through 7 to read as follows: Part I Section 1. An Act providing a new board of commissioners of Henry County, approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, is amended by striking Section 8.2 in its entirety and inserting in its place a new Section 8.2 to read as follows: `Section 8.2. (a) The chairman of the board of commissioners shall be the chief executive and elective officer of the county and shall be a full voting member of the board of commissioners. (b) In addition to any other powers provided in this Act, the chairman of the board of commissioners shall have the following powers and duties: (1) To see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To represent or designate a person to represent the county at ceremonial functions; (3) To coordinate intergovernmental activity between the county and municipalities, other counties, other political subdivisions, and state and federal agencies; (4) To initiate the assessment of the needs of the county, evaluate county services, and develop the policies of the county; and (5) To delegate administrative duties to a county manager in accordance with the provisions of Article 2 of Chapter 5 of Title 36 of the O.C.G.A.'

Page 5234

Part II Section 2. Said Act approved March 24, 1974, is further amended by adding at the end of Section 2 a new unnumbered paragraph to read as follows: `In addition to the five members of the board of commissioners, there shall be a chairman of the board of commissioners who shall be elected by a majority of the voters of Henry County voting on a county-wide basis. In order to be eligible to qualify as a candidate for the office of chairman of the board of commissioners, a person must have been a resident of Henry County for at least six months prior to the date of qualifying as a candidate, must be at least 25 years of age as of the date of qualifying as a candidate, and must possess a high school diploma or its equivalent.' Section 3. Said Act approved March 24, 1974, is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: `Section 3. (a) The first members of the board of commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The heretofore existing board of commissioners of Henry County shall stand abolished effective on January 1, 1981, when the board of commissioners elected at the 1980 general election, as provided herein, take office. (b) The initial chairman of the board of commissioners provided by Section 2 of this Act shall be elected at the general election in 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

Page 5235

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. (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.'

Page 5236

Section 4. Said Act approved March 24, 1974, is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: `Section 5. The chairman of the board shall receive an annual salary in an amount equal to 40 percent of the annual salary provided by general law for the sheriff of Henry County. The vice chairman of the board shall receive an annual salary in an amount equal to 35 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. The other members of the board shall receive an annual salary in an amount equal to 30 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. The chairman and each other member of the board shall also receive an expense allowance for in-county travel of $2,400.00 per annum, payable in equal monthly installments out of the funds of Henry County.' Part III Section 5. Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. (a) Part II of this Act shall become effective as provided in subsection (b) of this section and as provided in Section 7 of this Act. (b) 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 Part II of 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

Page 5237

official organ of Henry County. The ballot shall have written or printed thereon the words: `() YES () NO Shall the Act be approved which provides that the chief executive and elective officer of Henry County shall be a chairman of the board of commissioners of Henry County to be elected on a county-wide basis and which provides for the qualifications, compensation, powers, and duties of such chairman and which provides for the compensation of the members of the board of commissioners?' 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 Part II of this Act, it shall become of full force and effect as provided in Section 7 of this Act. If Part II of this Act is not so approved or if the election is not conducted as provided in this section, Part II of this Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7. If the referendum provided in Section 6 of this Act is conducted and if Part II of this Act is approved at said referendum, the provisions of Part II of this Act necessary for the election of the chairman of the board of commissioners in 1992 as provided in Part II of this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and Part II of this Act shall become effective for all purposes on January 1, 1993. Section 2. All laws and parts of laws in conflict with this Act are repealed.

Page 5238

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill 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. This 20th day of February, 1990. 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 23, 1990. /s/ Wesley Dunn Representative, 73rd District

Page 5239

Sworn to and subscribed before me, this 28th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY TERMS; MEMBERS; MEETINGS. No. 1213 (House Bill No. 1754). AN ACT To amend an Act known as the Metropolitan Atlanta Olympic Games Authority Act, approved April 21, 1989 (Ga. L. 1989, p. 5078), so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what constitutes Olympic games; to change the membership of the authority to include additional state and local appointees and officials; to change provisions relating to notice of meetings; to authorize the election of officers; to authorize the appointment of committees; to authorize meetings where members are present by various means of communications; to provide for indemnification of 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 known as the Metropolitan Atlanta Olympic Games Authority Act, approved April 21, 1989 (Ga. L. 1989, p. 5078), is amended by striking paragraph (4) of Section 2 and inserting in its place a new paragraph (4) to read as follows:

Page 5240

(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, 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 such additional period as the authority may reasonably determine to be necessary for the placing of any project in operation; costs of engineering, architectural, accounting, 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 costs 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. Section 2. Said Act is further amended by adding between paragraphs (4) and (5) of Section 2 a new paragraph (4.5) to read as follows:

Page 5241

(4.5) `Government entity' means the state or any department, authority, or agency thereof or 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. Section 3. Said Act is further amended by striking in its entirety paragraph (6) of Section 2 and inserting in its place the following: (6) Reserved. Section 4. Said Act is further amended by striking paragraph (9) of Section 2 and inserting in its place a new paragraph (9) to read as follows: (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. Section 5. Said Act is further amended by striking paragraph (10) of Section 2 and inserting in its place a new paragraph (10) to read as follows: (10) `Olympic games contract' means any contract pursuant to which a government entity shares a portion of the financial responsibility for, or provides services or facilities in connection with, Olympic games, as the same may be amended, modified, or supplemented. Section 6. 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 authority shall consist of a minimum of eight members. The number of members of the authority may be increased as provided in Section 5 of this Act. The eight members provided for in this section shall be selected as follows: (1) Two members shall be appointed by the Governor;

Page 5242

(2) One member shall be an officer of a state authority with responsibility for convention and tourism activities in the metropolitan Atlanta area. This member shall be appointed to the authority by the mayor of the City of Atlanta, with the member appointed to this position under prior law continuing to serve as provided in this section; (3) Two members shall be initially appointed by the mayor of the City of Atlanta with the approval of the city council of the City of Atlanta, with the members appointed to these positions under prior law continuing to serve as provided in this section; (4) One member shall be the mayor of the City of Atlanta, ex officio; (5) One member shall be the president of the city council of the City of Atlanta, ex officio; and (6) One member shall be the chairman of the Fulton County Board of Commissioners, ex officio. (b) The terms of office of the appointed members shall each be three years from the date of the member's initial 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. The members ex officio shall serve concurrently with their terms as officials of the City of Atlanta or Fulton County. Any member of the authority may succeed himself or herself. (c) All vacancies in the membership of the members of the authority appointed by the Governor, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by an appointment by the Governor. All such vacancies in the membership of the members initially appointed by the mayor of the City of Atlanta shall be filled by an appointment by the city council of the City of Atlanta. The term of any member appointed to fill an unexpired term shall be the term of the member he or she replaced.

Page 5243

(d) The authority shall elect from its membership a chairman, a vice chairman, a secretary, a treasurer, and such other officers as the members may from time to time determine. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and qualified. No member of the authority shall hold more than one office on the authority. (e) The members may create one or more committees and appoint members to serve on them. Each committee may have one or more members who shall serve at the pleasure of the members. Section 6 of this Act, which governs meetings, notice and waiver of notice, and quorum and voting requirements, shall apply to committees and their members. Each committee shall have and may exercise the powers and authority specified in the bylaws or a resolution of the members of the authority; provided, however, that a committee may not: (1) amend the bylaws of the authority; (2) authorize the execution of any Olympic games contract; or (3) authorize the issuance of bonds or notes of the authority. Section 7. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. Each government entity 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 for three years; provided, however, that the remaining term of office of any appointed member appointed by a government entity pursuant to this section shall not extend for more than six months beyond the termination of the Olympic games contract entered into by such government entity. Each member appointed pursuant to this section shall hold office until his or her successor shall be appointed and duly qualified. Any member of the authority appointed under this section may succeed himself or herself. All vacancies in the membership of members of the authority appointed under this section, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by an appointment by the government entity

Page 5244

which made the initial appointment. The term of any member appointed under this section to fill an unexpired term shall be the term of the member he or she replaced. Section 8. Said Act is further amended by striking subsections (c) and (d) of Section 6 and inserting in their place new subsections (c) and (d) to read as follows: (c) Written notice of all meetings shall be delivered 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 24 hours in the case of special meetings. (d) Notice of a meeting of the authority need not be given to any member who 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. Section 9. Said Act is further amended by adding at the end of Section 6 a new subsection (f) to read as follows: (f) Any one or more, or all, of the members may participate in a regular or special meeting by, or conduct the meeting through the use of, any means for communication by which all members participating may simultaneously hear each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting. Section 10. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: 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 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

Page 5245

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 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 games in conjunction with the local organizing committee, through undertaking the responsibilities and obligations of the host city in the contracts and agreements required by the International Olympic Committee in connection with the Olympic 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, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases, or otherwise, housing and other accomdations 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.

Page 5246

Section 11. Said Act is further amended by striking paragraph (14) of subsection (a) of Section 9 and inserting in its place a new paragraph (14) to describe a power of the authority and to read as follows: (14) To enter into Olympic games contracts with government entities containing such terms and conditions as the authority shall deem appropriate and in its best interests;. Section 12. Said Act is further amended by striking Section 12 and inserting in its place a new Section 12 to read as follows: Section 12. (a) The authority may enter into an Olympic games contract with any government entity for the payment of such rates, fees, and charges as may be prescribed by the authority for the use by such government entity or the residents thereof of the services and facilities of the authority. Any such government entity 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 government entity to the authority under such Olympic games contract shall constitute general obligations of such government entity for the payment of which the full faith and credit of such government entity 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 government entity, 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 government entity to undertake, at the expense of the government entity, 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 government entity 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.

Page 5247

(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 government entity 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. (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 government entity 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 government entity 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 government entity 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. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows:

Page 5248

Section 15. (a) When payments which are to be made by government entities 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 government entity 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 by 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 government entities lie. (d) Any citizen resident of the City of Atlanta or of any government entity 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 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 government entity 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.

Page 5249

(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 government entity which was a party to such proceedings, as well as each and every resident of the City of Atlanta and each such government entity. Section 14. Said Act is further amended by striking sub-section (a) of Section 22 and inserting in its place a new subsection (a) to read as follows: (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 government entity 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. Section 15. Said Act is further amended by adding immediately after Section 24 a new Section 24.1 to read as follows: Section 24.1 (a) Subject to the terms and conditions of this section, the authority may indemnify and hold harmless each member who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he or she is or was a member of the authority, or is or was serving at the request of the authority as a member, director, officer, employee, or agent of another authority, or of a corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise, against expenses (including attorneys' fees), judgments, fines, penalties, and amounts paid in settlement actually and reasonably incurred by such member in connection with such action, suit, or proceeding if such member acted in a manner he or she believed in good faith to be in or not opposed to the best interests of the authority, and, with respect to any criminal act or proceeding,

Page 5250

had no reasonable cause to believe his or her conduct was unlawful. The termination of any proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption or be determinative that the person did not act in a manner which he or she reasonably believed in good faith to be in or not opposed to the best interest of the authority, or, with respect to any criminal action or proceeding, that the person had reasonable cause to believe that his or her conduct was unlawful. However, no indemnification shall be made in connection with any proceeding in which the member is adjudged liable on the basis that personal benefit was improperly received by such member. (b) To the extent that a member has been successful, on the merits or otherwise, in the defense of any proceeding referred to in subsection (a) of this section, or in defense of any claim, issue, or matter therein, the authority shall indemnify the member against reasonable expenses incurred by him in connection therewith. (c) Any indemnification under subsection (a) of this section may be made by the authority only as authorized in the specific case upon a determination that indemnification of the member is permissible in the circumstances because he or she has met the applicable standard of conduct set forth in subsection (a) of this section. Such a determination shall be made by: (1) the members by majority vote of a quorum of members who are not parties to such proceeding; or (2) if such a quorum is not obtainable, a majority vote of a committee duly designated by the members (in which designation members who are parties may participate), consisting solely of two or more members not at the time parties to the proceeding; or (3) if such a quorum is not obtainable and a committee cannot be designated or, even if obtainable, a quorum of disinterested members or its committee so directs, by the firm of legal counsel then employed by the authority in a written opinion. (d) Expenses incurred in defending a civil or criminal proceeding may be paid by the authority in advance of the final disposition of such proceeding as authorized by the members in a specific case upon receipt of: (1) an undertaking by or on behalf of the member to repay such amount if it should be ultimately

Page 5251

determined that he or she is not entitled to be indemnified by the authority as authorized in this section; and (2) a written affirmation of the person's good faith belief that he or she has met the standard of conduct set forth in subsection (a) of this section. (e) The indemnification and advancement of expenses provided by this section shall not be deemed exclusive of any other rights, in respect of indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement approved by the affirmative vote of a majority of the members, and shall continue as to a person who has ceased to be a member and shall inure to the benefit of the heirs, executors, and administrators of such a person. (f) The authority may purchase and maintain insurance on behalf of any person who is or was a member, or is or was serving at the request of the authority as a member, director, officer, employee, or agent of another authority, or of a corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise, against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not the authority would have the power to indemnify such person against such liability under the provisions of this section. Section 16. Said Act is further amended by adding immediately after Section 24.1 a new Section 24.2 to read as follows: Section 24.2 (a) (1) All members of the authority shall comply with the provisions of Code Section 45-10-3 of the O.C.G.A., relating to a code of ethics for members of boards, commissions, and authorities, and shall not engage in any transaction with the authority. (2) The provisions of paragraph (9) of Code Section 45-10-3 of the O.C.G.A. and of paragraph (1) of this subsection shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the

Page 5252

authority is in any way interested or involved, provided that: (A) any interest or involvement by such member is disclosed in advance to the members of the authority and is recorded in the minutes of the authority; (B) no member having a substantial interest or involvement may be present at that portion of any authority meeting during which discussion of any matter is conducted involving any such organization or person; and (C) no member having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this section, a `substantial interest or involvement' shall mean any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review. (b) Nothing contained in subsection (a) of this section or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any member who is present at any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. Section 17. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Olympic Games Authority Act, approved April 21, 1989 (Ga. L. 1989, p. 5078), so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what constitutes Olympic games; to change the membership of the authority to include additional state and local appointees and officials; to change provisions relating to notice of meetings; to authorize the election of officers; to authorize the appointment of committees; to authorize meetings where members are present by various means of communications; to provide for

Page 5253

indemnification of members; to provide for related matters; to repeal conflicting laws; and for other purposes. This 31st day of January, 1990. DICK LANE GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. 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 2, 1990. /s/ William J. Lee Representative, 72nd District Sworn to and subscribed before me, this 6th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990. OCMULGEE JUDICIAL CIRCUIT SUPERIOR COURT; JUDGES; SUPPLEMENT. No. 1235 (Senate Bill No. 731). AN ACT To provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the

Page 5254

Ocmulgee Judicial Circuit; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the Superior Court of the Ocmulgee 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 Baldwin, Greene, Hancock, Jasper, Jones, Morgan, Putnam, and Wilkinson counties in the amount of $1,500.00 per month for each such judge. The division of payment among the eight counties shall be in the following amounts for each such judge: (1) Baldwin County.....$ 250.00 per month (2) Greene County.....$ 150.00 per month (3) Hancock County.....$ 150.00 per month (4) Jasper County.....$ 150.00 per month (5) Jones County.....$ 250.00 per month (6) Morgan County.....$ 150.00 per month (7) Putnam County.....$ 250.00 per month (8) Wilkinson County.....$ 150.00 per month It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said supplement assessed against each of said counties and to pay the same as provided in this Act. The supplement of each judge is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities. Section 2. An Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the

Page 5255

Superior Court of the Ocmulgee Judicial Circuit, approved March 6, 1981 (Ga. L. 1981, p. 168), is repealed in its entirety. Section 3. This Act shall become effective July 1, 1990. Payments by the named counties shall begin on July 1, 1990, except Jasper County, which shall begin payments on January 1, 1991. 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 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. THIS 1st day of February, 1990. HUGH P. THOMPSON WILLIAM A. PRIOR, JR. JOHN LEE PARROTT JUDGES, SUPERIOR COURTS OCMULGEE JUDICIAL CIRCUIT PUBLISHER'S AFFIDAVIT The Notice of Intention to Introduce Local Legislation, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts was published in THE MADISONIAN on February 8, 1990. /s/ W. Graham Ponder

Page 5256

Signed this 8th day of February, 1990 /s/ Monaray G. Powers Notary Public, Morgan County, Georgia My Commission Expires June 2, 1991 Notarized Feb. 8, 1990 Notice Of Intention To Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. THIS 1st day of February, 1990. HUGH P. THOMPSON WILLIAM A. PRIOR, JR. JOHN LEE PARROTT JUDGES, SUPERIOR COURTS OCMULGEE JUDICIAL CIRCUIT HERALD JOURNAL GREENSBORO, GEORGIA GEORGIA, Greene County. Before me a notary Public in and for Greene County appeared Carey Williams, Sr., who on oath says that he is publisher of the Herald Journal and that he affirms the attached legal notice appeared in the Herald Journal, an official newspaper in which the sheriff's notices appear. The attached legal notice did appear in the Herald Journal on the 9th day of February, 1990. /s/ Carey Williams, Sr. Editor, Herald Journal

Page 5257

Sworn to and subscribed before me this the 8 day of February, 1990 /s/ Lane D. Smith Notary Public (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduce at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. THIS 1st day of February, 1990. Hugh P. Thompson William A. Prior, Jr. John Lee Parrott Judges, Superior Courts Ocmulgee Judicial Circuit 2/2 AFFIDAVIT OF PUBLICATION State of Georgia, County of Baldwin: I, Roger W. Coover, do solemnly swear I am the Publisher of The Union-Recorder, a newspaper printed and published at Milledgeville, in the state of Georgia, and that from personal knowledge and reference to files of said publication, the legal advertisement of: Notice of Intent to Introduce Local Legislation Ocmulgee Judicial Circuit was inserted in space of legal advertisement as follows: February 2, 1990. /s/ Roger W. Coover Publisher

Page 5258

Subscribed and sworn before me this 8th day of February, 1990. /s/ Nancy D. Veal Notary Public. My Commission expires: 8-10-90 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. THIS 1st day of February, 1990. HUGH P. THOMPSON WILLIAM A. PRIOR, JR. JOHN LEE PARROTT JUDGES, SUPERIOR COURTS OCMULGEE JUDICIAL CIRCUIT STATE OF GEORGIA COUNTY OF JASPER AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, Kathy Pope, 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: February 8, 1990. This 8th day of February, 1990. /s/ Kathy Pope

Page 5259

Sworn to and subscribed before me this 8th day of Feb., 1990. /s/ Dan Jordan Notary Public My Commission Expires: 1-1-93 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 1st day of February, 1990. Hugh P. Thompson William A. Prior, Jr. John Lee Parrott Judges, Superior Courts Ocmulgee Judicial Circuit AFFIDAVIT GEORGIA HANCOCK COUNTY TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the: The Sparta Ishmaelite legal organ for Hancock County, the following dates, to-wit: February 8, 1990 Sworn to on the 8th day of February, 1990 /s/ R. Allen Haywood PUBLISHER

Page 5260

Sworn to and subscribed to before me on the 8th day of February 1990. /s/ Priscilla L. Haywood NOTARY PUBLIC HANCOCK COUNTY, GEORGIA MY COMMISSION EXPIRES MAY 31, 1993 (SEAL) Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes. This first day of February, 1990. Hugh P. Thompson William A. Prior, Jr. John Lee Parrott Judges, Superior Courts Ocmulgee Judicial Circuit AFFADAVIT OF PUBLICATION I,G.B. Moore, III, publisher of The Jones County News, do certify that publication of Notice of Intention to Introduce Legislation advertisement was published in said newspaper, the official organ of Jones County, Georgia on February 8, 1990. /s/ G. B. Moore, II, Publisher Sworn to and subscribed before me this 8th day of February, 1990 /s/ W. Moore Notary Public 2/12/92

Page 5261

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superior courts of the Ocmulgee Judicial Circuits; to provide for matters relative thereto; and for other purposes. This 1st day of February, 1990. HUGH P. THOMPSON WILLIAM A. PRIOR, JR. JOHN LEE PARROTT JUDGES, SUPERIOR COURTS OCMULGEE JUDICIAL CIRCUIT AFFIDAVIT I CERTIFY THAT THE ADVERTISEMENT ORDERED ON FEBRUARY 8, 1990 ORDER SUPERIOR COURT DID APPEAR IN THE EATONTON MESSENGER ON THE FOLLOWING DATES: THURSDAY, FEBRUARY 8, 1990 /s/ Mickey Smith PUBLISHER /s/ Sloan Gregory Notary My Commission Expires Jan. 27, 1992 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1990 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of the Counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of each judge of the superiors courts of the Ocmulgee Judicial Circuit; to provide for matters relative thereto; and for other purposes.

Page 5262

This 1st day of February, 1990. Hugh P. Thompson William A. Prior, Jr. John Lee Parrott Judges, Superior Courts Ocmulgee Judicial Circuit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: February 8, 1990. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990.

Page 5263

COBB JUDICIAL CIRCUIT SUPERIOR COURT; JUDGES; SUPPLEMENT. No. 1236 (Senate Bill No. 742). 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 30, 1989 (Ga. L. 1989, p. 4834), 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 30, 1989 (Ga. L. 1989, p. 4834), 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 $26,318.00, 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 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.

Page 5264

This 29th day of December, 1989. /s/Hugh A. Ragan CHUCK CLAY ROY BARNES HUGH A. 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: December 29, 1989. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 12th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1990.

Page 5265

CITY OF MACON LEASING OF PROPERTY. No. 1280 (House Bill No. 1849). AN ACT To amend Section 57 of an Act approved August 27, 1872 (Ga. L. 1872, p. 222), entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes, as amended, so as to provide that, notwithstanding any provision of said section, the City of Macon shall have the power and authority to lease to the Georgia State Fair, Inc., for a term of 50 years a certain described portion of Central City Park; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Section 57 of an Act approved August 27, 1872 (Ga. L. 1872, p. 222), entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes, as amended, is amended by adding the following provision to the end thereof: And provided, further, that notwithstanding anything contained in this section, the City of Macon shall have the power and authority to lease to the Georgia State Fair, Inc., for a term of 50 years on the terms and under such conditions as shall be deemed in the public interest, the following described real property in the Central City Park, City of Macon, Bibb County, Georgia: All that tract or parcel of land lying and being in the Perpetual Reserve known as Central City Park, Macon, Bibb County, Georgia; and being more particularly described as follows: BEGINNING at the point marking the intersection of the theoretical centerlines of Walnut Street and Seventh Street, said point being marked by a centerstone; running thence S693431E a distance of 1,541.68 feet more or less, to the True Point of Beginning marked by an iron pin; running thence N635116E a distance of 214.00 feet more or less, to an iron pin lying 12 feet from the edge of an existing

Page 5266

asphalt road known as `Levee Road', running thence S395517E a distance of 360.90 feet more or less, to an iron pin; running thence S491154W along the chord of an irregular curve, a distance of 59.97 feet more or less, to an iron pin; running thence S834515W a distance of 252.92 feet more or less, to an iron pin; running thence S764921W along the chord of a curve (having a centerline radius of 222.95 feet), a distance of 73.00 feet more or less, to an iron pin; running thence N260321W a distance of 18.00 feet more or less, to the southern face of the brick building known as the Long Building; running thence N634925E along the southern face of said Long Building a distance of 307.49 feet more or less; running thence N255759W along the northeastern face of said Long Building a distance of 50.73 feet more or less; running thence S634514W along the northern face of said Long Building a distance of 307.64 feet more or less; running thence N260321W along the northeastern face of the brick Exhibit Building a distance of 64.57 feet more or less; running thence N635224E a distance of 67.94 feet more or less, to an iron pin; running thence N263556W a distance of 130.32 feet more or less, to an iron pin and THE POINT OF BEGINNING. And provided, further, that the lease between the City of Macon and the Georgia State Fair, Inc., shall contain a provision whereby all improvements to said property shall revert to the City of Macon at the completion of such improvements. 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 local legislation will be introduced at the 1990 session of the General Assembly of Georgia, to amend Section 57 of the Act of the General Assembly of Georgia, approved August 27, 1872 (Ga. L. 1872, p. 239), as amended, to authorize the City of Macon to lease to Georgia State Fair, Inc., a portion of that lot of land known as Central City Park, City of Macon, Bibb County, Georgia and for other purposes.

Page 5267

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 3, 1990. /s/ Floyd M. Buford, Jr. FLOYD M. BUFORD, JR. Representative, 103rd District Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 11, 1990. CITY OF RIVERDALE HOMESTEAD EXEMPTION; REFERENDUM. No. 1281 (House Bill No. 1959). AN ACT To provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the conditional repeal of a local Act granting certain homestead exemptions; to provide for

Page 5268

applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each resident of the City of Riverdale who is 65 years of age or over and who meets the requirements of subsection (b) of this section is granted an exemption on that person's homestead from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) The exemption provided by this Act shall not be granted unless the resident's gross income, together with the gross income of that resident's spouse who also occupies and resides at such homestead, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. Section 2. The governing authority of the City of Riverdale or its designee shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who occupies and resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1990, has applied for and is eligible for the $2,000.00 homestead exemption for each resident of the City of Riverdale who is 65 years of age or over and whose income does not exceed $4,000.00 pursuant to a local constitutional amendment found at Ga. L. 1974, p. 1718 and continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution or who has applied for and is eligible for the homestead exemption provided to each resident of the City of Riverdale who is 65 years of age or over and whose income does not exceed $4,000.00 pursuant to a local Act approved March 15, 1988 (Ga. L. 1988, p. 3951), shall be eligible for the

Page 5269

homestead exemption granted by this Act without further application. Section 4. After any such owner has filed the proper affidavit and, if disabled, the proper certificate, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Riverdale who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Riverdale or its designee in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Riverdale ad valorem taxes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 7. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. Section 8. If this Act is approved in the referendum provided for in Section 9 of this Act, that local constitutional amendment providing a $2,000.00 homestead exemption for each resident of the City of Riverdale who is 65 years of age or over and whose income does not exceed $4,000.00 found at Ga. L. 1974, p. 1718 and continued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution and that local Act approved March 15, 1988 (Ga. L. 1988, p. 3951), providing a homestead exemption to each resident of the City of Riverdale who is 65 years of age or over and whose income does not exceed $4,000.00, are repealed effective at the last moment of December 31, 1990. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Riverdale 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 Riverdale for approval or rejection. The election superintendent shall conduct that election on October 13, 1990 and shall

Page 5270

issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes for the full value of a resident's homestead for certain residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00 and which repeals a prior $2,000.00 exemption for each resident of that city who is 65 years of age or over and whose income does not exceed $4,000.00 and repeals a prior homestead exemption for the full value of the homestead of each resident of that city who is 65 years of age or over and whose income does not exceed $4,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and effect immediately. If Sections 1 through 8 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Riverdale. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10. Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 5271

Section 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION CITY OF RIVERDALE, GEORGIA Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia, a bill to establish a homestead exemption from ad valorem taxation to resident homeowners in the City of Riverdale who are 65 years of age or over whose net income from all sources does not exceed a certain limitation and for other purposes. This 16th day of February, 1990. GLAZE, GLAZE, FINCHER BRAKEFIELD Steven M. Fincher City Attorney 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 February 16, 1990 Signed, Joe Hiett, Publisher

Page 5272

Sworn to and subscribed before me this 16 day of February 1990. Signed Judith L. Bray, Notary Public My commission expires November 23, 1990 (SEAL) Approved April 11, 1990. DEKALB COUNTY DEKALB COUNTY SCHOOL DISTRICT; MILLAGE RATES; REFERENDUM. No. 1392 (House Bill No. 1634). AN ACT To provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb county; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for a press release; to provide the procedure for adopting the ordinance or resolution; to provide for notice of available homestead exemptions from ad valorem taxes; to provide for other matters relative to the foregoing; to provide for referenda; to provide for effective dates; 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) Ad valorem tax or property tax means a tax imposed upon the assessed value of property.

Page 5273

(2) Certified tax digest means that annual property tax digest certified by the tax commissioner of DeKalb County to the Georgia Department of Revenue and approved by the state revenue commissioner. (3) Governing authority means that official or group of officials responsible for the governing of a taxing jurisdiction. (4) Mill means one one-thousandth of a United States dollar. (5) Millage or millage rate means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's and county school district's expenses for their fiscal year. (6) 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 DeKalb County. (7) Taxing jurisdiction means DeKalb County or the DeKalb County School District. (8) 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. Section 2. On or before October 1, 1991, and on or before such date each year thereafter, the tax commissioner of DeKalb County shall certify to the governing authority of each taxing jurisdiction within DeKalb County: (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 county;

Page 5274

(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 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 county's next fiscal year as was levied during the current fiscal year. Section 3. (a) No millage for the fiscal year beginning in 1992 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. (b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was determined. (c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation in DeKalb County, which shall read as follows: NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by percentage increase over roll-back rate) percent.

Page 5275

All concerned citizens are invited to the public hearing on this tax increase to be held at (Iplace of meeting) on (Idate and time). A FINAL DECISION on the proposed tax increase will be made at this hearing. Simultaneously with this notice the governing authority shall provide a press release to the local media. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) At the final hearing, the millage rate shall be adopted. The ordinance or resolution shall specify the roll-back rate and the final millage rate. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 of the O.C.G.A. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section. (g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Code Sections 48-5-271 and 48-5-272 of the O.C.G.A. shall not require new advertisement and hearings as required in this section. Section 4. The tax commissioner of DeKalb County shall, in the period from January 1 through March 31 of each year, place a notice in a newspaper of general circulation of the county, which notice shall inform the residents of DeKalb County and the DeKalb County School District of the various homestead exemptions from county and school district ad valorem taxes available and shall specify the qualifications for eligibility for such exemptions. The notice required by this section shall be published for at least six consecutive days during such period.

Page 5276

Section 5. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. Section 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a method for the determination of millage rates for ad valorem taxes levied for county purposes by the Board of Commissioners of DeKalb 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 by the electors of DeKalb County on such question are for approval of the Act, it shall become of full force and effect January 1, 1991, with respect to county ad valorem taxes levied by the Board of Commissioners of DeKalb County. 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 DeKalb. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 5277

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a method for the determination of millage rates for ad valorem taxes levied for DeKalb County School District purposes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect January 1, 1991, with respect to county school district ad valorem taxes. 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 DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE ON INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to provide

Page 5278

for procedures to be used in determining the millage rate for ad valorem taxation for DeKalb County and the DeKalb County School District; and for other purposes. This 12th day of January, 1990. Rep. Betty Jo Williams Honorable Betty Jo Williams Representative, 48th District PUBLISHER'S CERTIFICATE STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur County of DeKalb State of Georgia who, being duly sworn, states on oath that the report of Millage rate-local legislation a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18th day of January 1990. /s/ Gerald Wm. Crane Co-Publisher (by) /s/ Linda L. Orr Agent Sworn to and subscribed before me this 18th day of January 1990. /s/ Samme Johnson Notary Public My Commission expires Jan. 1, 1994. (SEAL) Approved April 16, 1990.

Page 5279

CHATHAM COUNTY RECORDER'S COURT; SENIOR JUDGES; SALARY. No. 1393 (House Bill No. 1239). AN ACT To amend an Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges; to provide a limitation on 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 providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), 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) A judge who has served for a minimum of 15 years as a full-time judge of the recorder's court may, upon completion of the fifteenth year of service, if he or she so elects, become a senior judge of the recorder's court. A senior judge shall be ex officio a judge of the Recorder's Court of Chatham County and shall serve at the request of the judges of the recorder's court. Except as otherwise provided in subsection (b) of this section, a senior judge of the recorder's court shall be governed by the same rules as a senior judge of the superior courts, with the exception that he or she may, if desired, engage in the practice of law, if otherwise qualified. (b) So long as he serves as a senior judge, said senior judge shall receive a per diem for his services as senior judge in the amount of $165.00 for each day's service as senior judge up to a maximum of $35,000.00 per annum. This subsection is not intended to limit the number of days which the senior judge may serve as a senior judge but is intended to limit the compensation for such services.

Page 5280

Section 2. This Act shall become effective January 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, G. M. (Bucky) Johnson, to me known, who being sworn, deposes and says: That he is the Advertising Director 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. 5, 1990, and finds that the following Advertisment, to-wit: LEGAL ADVERTISEMENT Notice is hereby given that there will be introduced during the 1990 session of the Georgia General Assembly a bill to enact legislation relevant to the Recorder's Court of Chatham County and for other purposes. /s/ Roy L. Allen, II State Representative District 127 appeared in each of said editions. /s/ G.M. Johnson (Deponent)

Page 5281

Sworn to and subscribed before me this 5 day of January, 1990. /s/ Saundra G. Williams Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 Approved April 16, 1990.

Page 5283

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

Page 5285

DEKALB COUNTY DEKALB COUNTY PENSION BOARD; PRIOR SERVICE CREDIT. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO DELETE THE SECTION WITH PROVISIONS ALLOWING EMPLOYEES PREVIOUSLY EMPLOYED BY ANY STATE, COUNTY OR MUNICIPAL GOVERNMENT TO BUY CREDIT FOR PRIOR SERVICE, AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I. By deleting in its entirety DeKalb County Code Section 2.317 (Ga. Laws 1965, p. 3095, Section 2) regarding credit for prior service for certain professional employees previously employed by any state, county or municipal government. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction

Page 5286

such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV. This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire same. V. This ordinance shall first be presented to the Board of Commissioners of DeKalb County, Georgia on the 13th day of December 1988 and again on the 27th day of December 1988 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public. VII. The provisions of this Ordinance shall become effective upon its adoption. ADOPTED this 27th day of December, 1988 by the DeKalb County Board of Commissioners.

Page 5287

/s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Office of DeKalb County, this 27th day of December, 1988. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk, Board of Commissioners and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on December 13, 1988, and on December 27, 1988. This 27th day of December 1988.

Page 5288

/s/ David W. Joyner DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 28th day of December, 1988. /s/ Gene H. Doi Notary Public Notary Public, DeKalb County, Georgia My Commission Expires March 30, 1990 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of December 8, December 15, and December 22, 1988. /s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News Sworn to and subscribed before me this 22nd day of December, 1988. /s/ Samme Johnson Notary Public Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990

Page 5289

PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on December 13, 1988, and December 27, 1988, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, so as to further amend said act to delete the section with provisions allowing employees previously employed by any state, county or municipal government to buy credit for prior service, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public. This 28th day of November, 1988. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 34-26844, 12/8-12/22 Filed in the Office of the Secretary of State February 1, 1989.

Page 5290

RICHMOND COUNTY RICHMOND COUNTY EMPLOYEES' PENSION FUND; SURVIVING SPOUSES. RICHMOND EMPLOYEES' PENSION FUND ACT AMENDED ORDINANCE NO. 89-4 An Ordinance to amend the RICHMOND COUNTY EMPLOYEES' PENSION FUND ACT (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L., 1976, pp. 4500, Ga. L. 1980, pp. 4606, and Ga. L. 1985, pp. 5194), enacted pursuant to the provisions of the Constitution of the State of Georgia that provides for Home Rule for Counties, so as to provide for the retirement benefits for the surviving spouse of an active employee past normal retirement date; to provide an effective date; and for other purposes. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY,. GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The Richmond County Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L. 1976, pp. 4500, Ga. L. 1980, pp. 4606, and Ga. L. 1985, pp. 5194) is hereby amended by striking Section 24(A), in its entirety, and substituting in lieu thereof the following: Section 24(A). The surviving spouse of any retired employee or active employee past normal retirement date shall receive one-half of the benefits of the deceased employee, under the provisions of this Act, until such time as the surviving spouse shall remarry or die. Any Employee of the County who is included under the Richmond County Pension Fund, after retirement, or spouse of an employee who is included under the Richmond County Pension Fund, who dies prior to receiving from said Fund an amount equal to the amounts which have been

Page 5291

paid into such Fund from the employee's wages while so employed, shall be entitled to have the difference paid to the representatives of his or her estate. Section 2. Richmond County Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L. 1976, pp. 4500, Ga. L. 1980, pp. 4606 and Ga. L. 1985, pp. 5194) is hereby amended by striking Section 24(C) in its entirety and substituting in lieu thereof the following: Section 24(C). The widow of an employee who is killed in line of duty, as hereinafter defined, may elect, in lieu of receiving a refund of pension contributions or surviving spouse's benefit under the provisions of this Act, to receive a pension computed at 25 per cent of said employee's monthly salary or wages at the time of his death, which shall be payable monthly to the said widow, until her death or remarriage, or in the event of her death leaving a child or children of the said employee surviving her, who have not reached their 18th birthday; said pension shall be continued to be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday; and if there be no widow living at the time of the death of such employee killed as herein defined, but there be a child or children of said employee living as of said date who have not reached their 18th birthday, the guardian of said children may make a similar election as that provided for a widow and, in the event such election is made, a pension in said amount shall be paid for the benefit of such child or children as long as they remain unmarried and until they reach their 18th birthday. As used herein, killed in line of duty shall mean killed while actively performing the prescribed duties of the employee's job and not resulting from any misconduct or negligence of such employee; provided, however, that no payments shall be made under the provisions of this section until such date as any monthly benefits provided under the Workers' Compensation Laws of Georgia shall have ceased. Section 3. This ordinance is adopted by the Board of Commissioners of Richmond County pursuant to the provisions of

Page 5292

Article IX, Section II, Paragraph 1 of the Constitution of the State of Georgia of 1983, providing for Home Rule for Counties. Section 4. All laws or ordinances or parts of law or ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall become effective on April 1, 1989. ADOPTED, this 7th day of March, 1989 and this 21st day of March, 1989. /s/ Herb Beckham Chairman, Board of Commissioners of Richmond County, Georgia ATTEST: /s/ Robert N. Dixon, Sr. County Administrator I, the undersigned, ROBERT N. DIXON, SR., County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Board of Commissioners at two consecutive meetings, held on the following dates, to-wit: March 7, 1989, and March 21, 1989, as the same appear on the minutes of said Board. This 21st day of March, 1989. /s/ Robert N. Dixon, Sr. STATE OF GEORGIA RICHMOND COUNTY PERSONALLY appeared before me, a Notary Public, the undersigned, PAUL S. SIMON, who, on oath says that he is the President of Southeastern Newspapers corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation

Page 5293

and being the legal organ of the County of Richmond who certifies that public notice, a true copy of which is hereto attached, being notice of an Ordinance to amend the Richmond County Employee's Pension Fund, was duly published once a week for three weeks as required by law; said dates of publication being February 24 and March 3 and 10, 1989. /s/ Paul S. Simon, President of Southeastern Newspapers Corporation Sworn to and subscribed before me, this 10th day of March, 1989 /s/ Shirley B. Bohling Notary Public, Columbia County, Georgia My Commission expires August 18, 1991 PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, as its regular meeting on March 7, 1989 and March 21, 1989, an Ordinance to amend the RICHMOND COUNTY EMPLOYEES' PENSION FUND ACT (Ga. L. 1945, pp. 748, as amended by Ga. L. 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L., 1976, pp. 4500, Ga. L. 1980, pp. 4606, and Ga. L. 1985, pp. 5194), so as to provide for the retirement benefits for the surviving spouse of an active employee past normal retirement date; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which ordinance specifically states the changes to be made in the Original Act, the authority to amend the original Act having been granted by Article IX, Section II, Paragraph 1 of the 1983 Constitution of the State of Georgia. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of the Superior Court of Richmond County, Georgia, City-County Building, 5th Floor, 500

Page 5294

Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk for any member of the public. This 16th day of February, 1989. ROBERT C. DANIEL JR. County Attorney Richmond County, Georgia Feb. 24, Mar. 3, 10, 1989 Filed in the Office of the Secretary of State April 3, 1989. HALL COUNTY CIVIL SERVICE SYSTEM; BOARD MEMBERS; ASSISTANT COUNTY ADMINISTRATOR; DEFINITIONS; APPEALS. HALL COUNTY CIVIL SERVICE SYSTEM A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF HALL COUNTY A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF HALL COUNTY, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AND ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED HALL COUNTY CIVIL SERVICE SYSTEMS ACT, GA. LAWS 1967, P. 2556, AS AMENDED GA. LAWS 1979, P. 4709, SO AS TO FURTHER AMEND SAID ACT TO EXCLUDE THE ASSISTANT COUNTY ADMINISTRATOR FROM THE HALL COUNTY CIVIL SERVICE SYSTEM; TO INCREASE THE MEMBERS OF THE HALL COUNTY CIVIL SERVICE BOARD; TO AMEND THE MANNER OF SELECTION AND APPOINTMENT OF MEMBERS OF THE CIVIL SERVICE BOARD; TO DEFINE PUBLIC SAFETY EMPLOYEES, GENERAL SERVICES EMPLOYEES, AND

Page 5295

DEPARTMENT HEADS; TO AMEND THE PROCEDURE FOR APPEALS TO THE HALL COUNTY CIVIL SERVICE BOARD; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. BE IT RESOLVED AND ORDAINED by the Board of Commissioners and it is hereby resolved and ordained by the authority of the same, pursuant to the provisions of Article IX, Section II, Paragraph I, of the Constitution of the State of Georgia of 1983, that an act of the General Assembly of Georgia entitled Hall County Civil Service System Act, approved April 4, 1967, Ga. Laws 1967, p. 2556, as amended, Ga. Laws 1979, p. 4709, be amended as follows: Section I Amendment of Section II. Section II, Ga. Laws 1979, p. 4709, et. seq. , is amended by adding the following words after the word administrator,: the assistant county administrator, so that the said paragraph when so amended shall read as follows: Section II. There is hereby created and established a civil service system of personnel administration to be known as the Hall County Civil Service System. All employees of Hall County shall be members of the Hall County Civil Service System except: elected officers of the County, members of appointed boards, members of the commissions and authorities, the County attorney, the County physician, the County administrator, the assistant County administrator, Fire Chief, part-time employees, hourly wage earners, and other employees expressly exempt by law. Section II Amendment of Section III. Section III, Ga. Laws 1967, p. 2556, et. seq. , as amended, is hereby further amended by striking Section III and each subparagraph thereof in its entirety and substituting therefor a new Section III which shall read as follows: Section III. (a) There is hereby established a Civil Service Board composed of five (5) citizens who are not employees of Hall County, Georgia, who have paid their taxes to date and

Page 5296

who have been residents of Hall County for two (2) years or more. No member of the Civil Service Board shall have held political office or have been a salaried employee of Hall County during the three (3) months immediately preceding his/her appointment. The five (5) members shall elect a chairman and a vice chairman. (b) Members of the Civil Service Board shall be selected and appointed for a term of four (4) years each, and shall serve until their successors are appointed and qualified. The members of the Civil Service Board shall be selected and appointed in the following manner: (i) One (1) member shall be selected by the majority vote of certain elected County Officials, namely, the Clerk of the Superior Court, the Tax Commissioner, the Sheriff, and the Judge of the Probate Court who shall have one (1) vote each; (ii) One (1) member shall be selected by the majority vote of the Board of Commissioners of Hall County who shall have one (1) vote each; (iii) One (1) member shall be selected by a majority vote of the public safety employees of Hall County, who shall be members of the Hall County Civil Service System and who are in the employ of Hall County on a full-time basis on the date of such vote. Public safety employees shall mean employees of the sheriff's department, county marshals and employees of the county marshal's office, animal control officers, central communication employees, and fire and Emergency Medical Services employees; (iv) One (1) member shall be selected by a majority vote of the department heads of Hall County. Department heads shall mean the personnel director of the building inspection office, purchasing director, warden, chief tax appraiser, county engineer, comptroller, parks and leisure services director, planning and zoning director, fire chief, business license director, public safety director, public works director, and assistant county administrator; and

Page 5297

(v) One (1) member shall be selected by a majority vote of the general services employees of Hall County who shall be members of the Hall County Civil Service System and who are in the employ of Hall County on a full-time basis on the date of such vote. General services employees shall mean all employees of Hall County who are not department heads and who are not public safety employees. (c) The governing authority of Hall County shall appoint the persons so selected to the Civil Service Board at the next regular Hall County Commission meeting after the person or persons have been advised of their selection. (d) No member of the Civil Service Board may be removed from office prior to the expiration of his/her term except for cause after having been granted a notice and afforded a hearing before the governing authority of said County. Prior to said hearing said member shall be served by registered or certified mail addressed to his/her residence as shown in the files of said governing authority at least ten (10) days before the date set for said hearing with written specifications of the charges against the member. Vacancies on the Civil Service Board shall be filled in the same manner as original appointments. (e) Members of the Civil Service Board shall receive no compensation for their services. Section III Amendment of Section VI. Section VI, Ga. Laws 1967, p. 2556, et seq. , is hereby amended by deleting Section VI in its entirety and substituting therefor a new Section VI which shall read as follows: Section VI. (a) No employee of any department or office of the County may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the Civil Service Board as approved by the governing authority of Hall County. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the Hall County Civil Service Board. Such appeal shall be heard at the next regular or special meeting of the Hall County Civil Service Board after it is filed and must be heard and determined by the

Page 5298

Board within forty-five (45) days of the date that said appeal was filed with the Board; provided, however, that such dismissed employee must file his/her appeal with the Board in writing within ten (10) days from the date of his/her dismissal. The decision of the Board shall be binding upon the governing authority of Hall County as to whether such dismissal was for proper cause. (b) All appeals under this Section VI shall be heard by the five (5) member Hall County Civil Service Board. Said hearing shall be chaired by a hearing officer who shall be the attorney-at-law for the Hall County Civil Service Board. The hearing officer shall not have a vote on the appeal but shall conduct the hearing, make evidentiary rulings and prepare final orders of the decision for the Hall County Civil Service Board. Section IV Effective Date. This ordinance shall become effective on the 10th day of April, 1989. Section V Repealer Provision. Any law, resolution, ordinance, rule or regulation in conflict with this resolution and ordinance are hereby expressly repealed. SO RESOLVED AND ORDAINED this 10 day of April, 1989. BOARD OF COMMISSIONERS OF HALL COUNTY /s/ Curtis Segars Chairman /s/ Jane Reynolds Hemmer Commissioner /s/ Lou Stargel Commissioner

Page 5299

/s/ A.N. Stepp Commissioner /s/ Don Whitmire Commissioner CIVIL/D3/HALLCO CERTIFICATION I, the undersigned Clerk of the Board of Commissioners of Hall County, Georgia, do hereby certify that the foregoing resolution and ordinance was duly read and considered by the Board of Commissioners of Hall County, Georgia, at two regular consecutive meetings of the Board of Commissioners held on March 27, 1989 and April 10, 1989, and was duly adopted, after advertisement in The Times on 3/23/89, 3/30/89 and 4/6/89. The Board of Commissioners are the duly elected governing authority for Hall County. Said resolution and ordinance has not been rescinded, repealed, modified or amended. So certified under my hand and seal this 21 day of April, 1989. /s/ Sylvia G. Cooper (SEAL) ....., Clerk Board of Commissioners of Hall County, Georgia AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF HALL PERSONALLY APPEARED before the undersigned attesting officer, duly authorized by law to administer oaths, Denise Bannister, who being duly sworn states on oath that he/she is the publisher of The Times, a newspaper published in Hall County, Georgia, and the official county organ of Hall County, Georgia, and that the public notice, a true copy of which is attached hereto, was

Page 5300

published in said newspaper in its issues of March 23, 1989, March 30, 1989, and April 6, 1989. DENISE BANNISTER (SEAL) /s/ Denise Bannister, Publisher The Times Sworn to and subscribed before me this 14th day of April, 1989. /s/ Mary C. Gibbs Notary Public, Hall County, Georgia My Commission Expires Dec. 11, 1989 NOTICE TO THE PUBLIC. The public is hereby notified that the Board of Commissioners of Hall County, Georgia, at its regular meetings on March 27, 1989 and April 10, 1989 will consider a resolution and ordinance to amend the act creating the Hall County Civil Service System, known as GA Laws 1967, p. 2556, et. seq., as amended, so as to exclude the Assistant County Administrator from the Hall County Civil Service System; to amend the manner of selection and appointment of members of the Civil Service Board; to define public safety employees, department heads and general services employees; to provide for a hearing officer; to provide an effective date to repeal conflicting ordinances; and for other purposes. THE PUBLIC is hereby further notified that in order to carry out the provisions of said resolution and ordinance, it is necessary for the Board of Commissioners of Hall County, Georgia, to adopt a resolution and ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which resolution and ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I. THE PUBLIC is hereby further notified that a copy of said proposed resolution and ordinance has been filed with the Clerk of

Page 5301

the Superior Court of Hall County, Georgia, Hall County Courthouse, Gainesville, Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 16th day of March, 1989. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA, BY: Curtis Segars, Chairman #111432 March 23, 30, April 06 Filed in the Office of the Secretary of State April 27, 1989. JOHNSON COUNTY BOARD OF COMMISSIONERS; PURCHASES; OFFICE SUPPLIES FOR COUNTY OFFICERS. A RESOLUTION GEORGIA, JOHNSON COUNTY. WHEREAS, the act of the General Assembly of Georgia creating the county commission for Johnson County was adopted and signed into law in 1941 (Ga. Laws 1941, pp. 887-898), And, whereas, certain financial restrictions contained in said act are no longer feasible or workable under current economic conditions and it has become necessary to upgrade and update parts of said act to realistically conform with present day values of money, material and equipment, BE IT RESOLVED that under the Homerule provisions of the Georgia Constitution of 1983, as amended, (Ga. Constitution of 1983, Article IX, Section 2, Paragraph I) the following amendments are made to the aforesaid act creating said county commission:

Page 5302

-I- The following is struck from Section 13 of said act: one hundred ($100.00) dollars and inserted in lieu thereof is the following: five thousand ($5,000.00) dollars -II- The following is struck from Section 25 of said act: twenty-five ($25.00) dollars and inserted in lieu thereof is the following: three hundred ($300.00) dollars -III- All parts of said act in conflict with the foregoing amendments are repealed provided such repeal does not conflict with the general laws of this State. This 14 day of February, 1989. JOHNSON COUNTY COMMISSION By: /s/ Hubert F. Brantley /s/ Roger Davis /s/ Chester Veal /s/ Wadell Clements /s/ John Pullen
Page 5303

May 9, 1989 Ms. Nelle Howell Office of Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 RE: Amendment to the Act Creating the Johnson County Commission Dear Ms. Howell: In answer to your telephone call of May 8, 1989 please be advised that the adoption and final adoption of resolution is recorded in our minutes on February 14, 1989 and March 13, 1989. If we can be of further assistance, please call on us. Sincerely, /s/ Frances T. Graham Frances T. Graham Clerk PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned attesting officer, duly authorized by law to administer oaths Robert I. Garrett (name of publisher or authorized agent) who, being duly sworn, on oath says that he is the Editor (position held by deponent) of The Wrightsville Headlight (name of newspaper) the newspaper in which sheriff's advertisements for said county are published or a newspaper published in the county in which some portion of Wrightsville, Ga (name of political subdivision) lies, and that the notice shown below (attach a copy of legal notice) was published in said newspaper on Feb. 16, 23 30, 1989. /s/ Robert I. Garrett (Signature of deponent)

Page 5304

Sworn to and subscribed before me this May 1, 1989 /s/ Betty J. Upshaw Notary Public, Washington Co., Ga. My Commission Expires June 1, 1992. NOTICE GEORGIA, JOHNSON COUNTY. Under the Homerule provision of the Georgia Constitution (Ga. Constitution of 1983, Art. 9, section 2 paragraph 1) notice is hereby given that the Johnson County Commissioners have adopted a resolution to increase the amount of county purchases exempt from competitive bids from $100.00 to $5,000.00 and to increase the amount a county officer may expend monthly for office materials and supplies without the county commission preapproving same from $25.00 to $300.00. A copy of the resolution is on file in the office of clerk of superior court for inspection and a copy of same may be obtained from said clerk on written request by anyone. Johnson County Commissioner 3tc feb 16,23,30 Filed in the Office of the Secretary of State May 12, 1989. DEKALB COUNTY RECORDER'S COURT; CLERK. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY RECORDER'S COURT,

Page 5305

KNOWN AS GA. LAWS 1959, P. 3093, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO DELETE THE REQUIREMENT THAT THE CLERK OF RECORDER'S COURT BE A CITIZEN AND TAXPAYER OF DEKALB COUNTY BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act, as amended, creating the DeKalb County Recorder's Court, known as Ga. Laws 1959, p. 3093, as amended, be and the same is hereby further amended as follows: I. By deleting Section 8 in its entirety and substituting in lieu thereof a new Section 8 as follows: Section 8. Same-Qualification and term. Said clerk and all deputy clerks shall be at least twenty-five (25) years of age, shall have been a resident of the State of Georgia for at least five (5) years, and shall be of good moral character. Said clerk and deputy clerks shall serve at the pleasure of the board of commissioners of DeKalb County. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.

Page 5306

IV. This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. V. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 23rd day of May 1989, and again on the 13th day of June 1989, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public. VII. This ordinance shall be effective upon adoption by the Board of Commissioners and approval by the Chief Executive Officer. ADOPTED by the DeKalb County Board of Commissioners, this 13th day of June 1989. /s/ Robert E. Lanier Presiding Officer Board of Commissioners DeKalb County, Georgia

Page 5307

Approved by the Chief Executive Officer of DeKalb County, this 13th day of June 1989. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer Dekalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on May 23, 1989, and on June 13, 1989. This 13th day of June 1989. /s/ David W. Joyner DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia

Page 5308

Sworn to and subscribed before me this 13 day of June, 1989. /s/ Gene H. Doi Notary Public Notary Public, DeKalb County, Georgia My Commission Expires March 30, 1990 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undesigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of May 18, May 25, and June 1, 1989. /s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News Sworn to and subscribed before me this 1st day of June, 1989. /s/ Samme Johnson Notary Public Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on May 23, 1989, and June 13 1989, will consider an ordinance to amend the act creating the DeKalb County Recorder's Court, known as Ga. Laws 1959, p. 3093, as amended, so as to further amend said act to

Page 5309

delete the requirements that the Clerk of Recorder's Court be a citizen and taxpayer of DeKalb County. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public. This 5th day of May, 1989. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 34-32838, 5/18-6/1 Filed in the Office of the Secretary of State July 17, 1989. GORDON COUNTY BOARD OF COMMISSIONERS; PURCHASES. GORDON COUNTY PURCHASES A resolution amending an Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended by an Act providing for a Board of Commissioners of Gordon County, Georgia, approved March 13, 1975

Page 5310

(Ga. Laws 1975, p. 2719), as amended by an Act changing the powers and duties of the Gordon County Board of Commissioners, approved July 19, 1983 (Ga. Laws 1983, p. 4316), as amended by a Resolution of the Board of Commissioners of Gordon County approved July 19, 1983 (Ga. Laws 1984, p. 5318) so as to require that any and all purchases by the Gordon County Board of Commissioners of Goods and Services be subject to the requirements of the Laws of the State of Georgia, pursuant to Home Rule Authority granted by the provisions of Article IX, Section II, Paragraph I of the Georgia Constitution, to provide an effective date, and for other purposes. WHEREAS , the Board of Commissioners of Gordon County, Georgia has determined that it is in the best interests of Gordon County, Georgia that the provisions of the local act of the General Assembly hereinafter cited pertaining to requirements for purchasing by the County shall be amended so as to provide greater flexibility to enable the county to more economically and efficiently purchase equipment, supplies, materials and services. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Gordon County, Georgia: SECTION 1. Pursuant to Home Rule Authority granted by Article IX, Section II, Paragraph I of the Georgia Constitution, an act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended by an Act providing for a Board of Commissioners of Gordon County, Georgia approved March 13, 1975 (Ga. Laws 1975, p. 2719), as amended by Act changing the powers and duties of the Gordon County Board of Commissioners approved March 14, 1983 (Ga. Laws 1983, p. 4316) as amended by a Resolution of the Board of Commissioners of Gordon County approved July 19, 1983 (Ga. Laws 1984, p. 5318) is hereby amended by striking Section 4 of that act the following: The Board of Commissioners may purchase necessary machinery, tools, equipment, supplies and services (hereinafter referred to collectively as `Goods and Services') for county use. All purchases of Goods and Services, wherein the purchase price is expected to be in excess of $2,500.00 shall be made by sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal

Page 5311

organ of the county once each week for two consectuive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the Office of the Board of Commissioners for public inspection. Goods and services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder, such factors such as past dealings, financial responsibility, expertise, and experience may be taken into consideration. This section shall not apply to the repair of goods. This section shall not apply to the purchase of road-building materials such as plant mix, asphalt, tar gravel, pipe and like material when purchased by the Superintendent of Roads for the building, constructing, repairing and maintenance of any county road and such price is under $12,500. and inserting in lieu thereof the following: The Board of Commissioners may purchase necessary machinery, tools, equipment, supplies and services (hereinafter referred to collectively as `Goods and Services') for county use. All purchases of Goods and Services shall be made in accordance with the Laws of the State of Georgia. All local legislation or Home Rule Resolutions in conflict with this resolution are hereby repealed. Adopted this 6th day of September, 1988. /s/ Harold Faith Harold Faith, Chairman Board of Commissioners Gordon County, Georgia Attest: /s/ Theresia McDearis Theresia McDearis I, Theresia McDearis, Clerk for the Board of Commissioners of Gordon County, Georgia, do certify that the above is a true and correct

Page 5312

copy of Notice of Home Rule Amendment to Local Legislation which was adopted September 6, 1988. This 8th day of September, 1988. /s/ Theresia McDearis Theresia McDearis, Clerk Secretary of State Elections Division 110 State Capitol Atlanta, GA. 30334 Re: Resolution Regarding Gordon County Purchases Dear Mr. Cleland: The dates of the readings of the Resolution regarding Gordon County Purchases adopted by the Gordon County Board of Commissioners pursuant to Home Rule Authority were August 16, 1988 and September 6, 1988. Thank you for your cooperation in this matter. Very truly yours, CHANCE, MADDOX SMITH By: /s/ J.C. Maddox J.C. Maddox PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GORDON I, PAUL MILES, DO HEREBY CERTIFY that I am publisher fo The Calhoun Times and Gordon County News, a newspaper having general circulation in Gordon County, Georgia, and the attached notice of a public hearing was published in said newspaper on the following dates, to-wit: August 10, August 17, and August 24, 1988.

Page 5313

/s/ Paul Miles Publisher Sworn to and subscribed before me this 30th day of August, 1988. /s/ J.C. Maddox Notary Public My Commission Expires: 6-5-92. (Notarial Seal) NOTICE OF HOME RULE AMENDMENT TO LOCAL LEGISLATION Notice is hereby given that the Board of Commissioners of Gordon County, Georgia proposes to adopt a resolution to amend the provisions of an Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. Laws 1974, p. 2522), as amended by an Act providing for a Board of Commissioners of Gordon County, Georgia, approved March 13, 1975 (Ga. Laws 1975, p. 2719), as amended by an Act changing the powers and duties of the Gordon County Board of Commissioners approved March 14, 1983 (Ga. Laws 1983, p. 4316), as amended by a Resolution of the Board of Commissioners of Gordon County approved July 19, 1983 (Ga. Laws 1984, p. 5318) so as to require that any and all purchases made by the Gordon County Board of Commissioners of goods and services by subject to the requirements of the Laws of the State of Georgia. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Gordon County for the purpose of examination and inspection by the public. 3t-8-24 8/10, 8/17 8/24 Filed in the Office of the Secretary of State August 10, 1989.

Page 5314

ROCKDALE COUNTY BOARD OF COMMISSIONERS; PERSONNEL RULES AND REGULATIONS. ORDINANCE 1989-11 AN ORDINANCE TO AMEND AN ACT ENTITLED: AN ACT TO CREATE A BOARD OF COMMISSIONERS FOR ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTION, QUALIFICATION, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD; TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING; TO PROVIDE FOR A REFERENDUM; TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA. L. 1977, p. 2817); AS AMENDED. BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia and it is hereby ordained by authority of same as follows: SECTION I Pursuant to the County Home Rule authority under the Georgia Constitution, (Article IX, Section II; Ga. Code Ann. Ch. 2-59), the Board of Commissioners hereby amends an Act of the General Assembly, (Ga. L. 1977, p. 2817), entitled as follows: AN ACT TO CREATE A BOARD OF COMMISSIONERS FOR ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTION, QUALIFICATION, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD; TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING; TO PROVIDE FOR A REFERENDUM; TO

Page 5315

PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Ga. L. 1977, p. 2817); AS AMENDED. Section 13(e) of said act is amended by deleting said section in its entirety and substituting therefore the following: CHAPTER 3 PERSONNEL RULES AND REGULATIONS ARTICLE A.GENERAL PROVISIONS 2-301. PURPOSE. 2-302. POSITIONS COVERED. 2-303. ADMINISTRATION. 2-304. 2-306. RESERVED. ARTICLE B. ETHICS AND CONDUCT 2-307. OUTSIDE EMPLOYMENT. 2-308. CONFIDENTIAL INFORMATION. 2-309. GIFTS AND GRATUITIES. 2-310. POLITICAL ACTIVITY. 2-311. CONFLICT OF INTEREST. 2-312 2-314. RESERVED. ARTICLE C.CLASSIFICATION PLAN 2-315. DEFINITION. 2-316. USE AND INTERPRETATION OF CLASS SPECIFICATIONS. 2-317. AMENDMENTS TO THE POSITION CLASSIFICATION PLAN. 2-318. CLASSIFICATION APPEALS. 2-319. OFFICIAL COPY OF THE CLASSIFICATION PLAN. 2-320. CLASSIFICATION PLAN IN EFFECT. 2-321 2-323. RESERVED. ARTICLE D.PAY PLAN 2-324. COMPOSITION. 2-325. MAINTENANCE OF THE PLAN.

Page 5316

2-326. NEW APPOINTEES. 2-327. PROMOTION. 2-328. DEMOTION. 2-329. SALARY REVIEWS. 2-330. OVERTIME COMPENSATION. 2-331. TRANSFERS. 2-332 2-333. RESERVED. ARTICLE E.RECRUITMENT AND SELECTION 2-334. EMPLOYEE OPPORTUNITIES. 2-335. VACANT POSITIONS. 2-336. RECRUITMENT FOR VACANT POSITIONS. 2-337. PUBLIC WORKS TEMPORARY POSITIONS. 2-338. APPLICATION FORMS. 2-339. DISQUALIFICATION. 2-340. SELECTION. 2-341. DEPARTMENT HEADS, APPOINTIVE. 2-342. NEPOTISM. 2-343 2-344. RESERVED. ARTICLE F.METHODS OF APPOINTMENT 2-345. REGULAR APPOINTMENT. 2-346. TEMPORARY APPOINTMENT. 2-347. LIMITED TERM APPOINTMENT. 2-348. EMERGENCY APPOINTMENT. 2-349 2-351. RESERVED. ARTICLE G.PROBATION 2-352. OBJECTIVES. 2-353. DURATION. 2-354. EVALUATION OF PERFORMANCE. 2-355. DISMISSAL. 2-356. PROMOTIONAL PROBATION. 2-357 2-360. RESERVED. ARTICLE H.SEPARATION 2-361. TYPES OF SEPARATION.

Page 5317

2-362. COUNTY PROPERTY. 2-363. RIGHTS OF EMPLOYEES. 2-364. RESIGNATION. 2-365. CONSTRUCTIVE RESIGNATION. 2-366. LAYOFF. 2-367. DISABILITY. 2-368. LOSS OF JOB REQUIREMENTS. 2-369. DEATH. 2-370. DISMISSAL. 2-371. DEPARTMENT HEADS, APPOINTIVE. 2-372 2-374. RESERVED. ARTICLE I.DISCIPLINARY ACTION 2-375. TYPES OF DISCIPLINARY ACTION. 2-376. REASONS FOR DISCIPLINARY ACTION. 2-377. PERSONNEL FILE. 2-378 2-380. RESERVED. ARTICLE J.GRIEVANCES AND APPEALS. 2-381. DEFINITION. 2-382. POLICY. 2-383. APPEALS. 2-384. GRIEVANCE PROCEDURE. 2-385. BOARD OF REDRESS. 2-386 2-388. RESERVED. ARTICLE K.ATTENDANCE AND LEAVE. 2-389. HOURS OF WORK. 2-390. HOLIDAYS. 2-391. HOLIDAYS FOR PART-TIME EMPLOYEES. 2-392. ANNUAL LEAVE (VACATION). 2-393. SICK LEAVE. 2-394. WORKERS COMPENSATION. 2-395. MILITARY LEAVE. 2-396. LEAVE WITHOUT PAY 2-397. CIVIL LEAVE 2-398. BEREAVEMENT LEAVE

Page 5318

PERSONNEL RULES REGULATIONS ARTICLE A. GENERAL PROVISIONS Sec. 2-301. Purpose. It is the purpose of these rules to establish procedures which shall serve as a guide to administrative action concerning the various personnel activities and operations of Rockdale County. They are intended to indicate the usual and most reasonable methods for carrying out the aims of the personnel program, consistent with the following merit principles: (1) Recruiting, screening and selecting employees on the basis of their relative ability, knowledge and skills, including open competition of qualified applicants for initial appointments; (2) Establishing pay rates consistent with the principles of providing comparable pay for comparable work; (3) Training employees, as needed and as practicable, to assure high-quality performance; (4) Retaining and advancing employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected; (5) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, creed, age, national origin or ancestry, sex, religion, or handicap, and insuring a work environment free of intimidation and harassment. (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election. (Ord. No. 1980-15, ch I, 1, 4-22-80)

Page 5319

Sec. 2-302. Positions covered. These rules and regulations shall apply to all individuals receiving regular compensation from Rockdale County, Georgia except: 1. Elected officials themselves; 2. Those individuals hired by County elected officials where such official has the statutory or other lawful authority to hire and fire, or to appoint deputy officials. If an elected official of Rockdale County desires to cover under the Personnel Rules Regulations those individuals excepted in paragraph 2 above, notice shall be given to the Personnel Director in writing. Once such notice is delivered to the Personnel Director, it shall be irrevocable for the term of the elected official or until his or her successor is elected or appointed. Sec. 2-303. Administration. These rules and regulations shall be administered and enforced by the Rockdale County Personnel Director. The personnel director shall be appointed and removed in the same manner as a department head and shall have the authority to delegate the administration of these rules and regulations (Ord. No. 1980-15, ch. I, 3, 4-22-80). Secs. 2-304 2-306 reserved. ARTICLE B. ETHICS AND CONDUCT Sec. 2-307. Outside employment. No employee may engage in any employment additional to employment with Rockdale County which shall interfere with efficient performance of the employee's duties or present a conflict of interest. Prior written approval for any outside employment must be obtained from the employee's department head. Nonelected department heads must obtain prior approval from the chairman of the board of commissioners. (Ord. No. 1980-15, ch. II, 1, 4-22-80)

Page 5320

Sec. 2-308. Confidential Information. An employee may not directly or indirectly make use of confidential information acquired by virtue of employment with Rockdale County in any manner except in the performance of his official duties. An employee may not provide or permit others to use confidential information to anyone except in the performance of his official duties. (Ord. No. 1980-15, ch. II, 2, 4-22-80) Sec. 2-309. Gifts and gratuities. An employee shall not accept gifts, gratuities or loans from organizations, business concerns or individuals with whom he has official relationships on business of the county government. These limitations are not intended to prohibit the acceptance of any articles which are distributed free of charge to the general public, nor to prohibit the acceptance of token gifts given during the Christmas holiday season, provided that no employee accept any gift over twenty-five dollars ($25.00) in value in any one year from any single individual, corporation, business or interest group. (Ord. No. 1980-15, ch. II, 3, 4-20-80) Sec. 2-310. Political activity. Employees of Rockdale County are encouraged to exercise their right to vote; but no employee shall make use of county time or equipment to aid a political candidate, political party or political cause, or use a county position to persuade, coerce or intimidate any person in the interest of a political candidate, party or cause. (Ord. No. 1980-15, ch. II, 4, 4-22-80) Sec. 2-311. Conflict of interest. It is particularly important that the employees of the county refrain from unfavorable relationships which might be construed as evidence of favoritism, coercion, unfair advantage or collusion. Whenever an employee is faced with a situation which, in that employee's mind is questionable or problematical with regard to posing a conflict of interest, that employee is encouraged to discuss the matter with his department head, who may, in turn, refer the matter to the personnel director. (Ord. No. 1980-15, ch. II, 5, 4-22-80)

Page 5321

Sec. 2-312 2-314. Reserved. ARTICLE C. CLASSIFICATION PLAN Sec. 2-315. Definition. The classification plan is the systematic grouping of positions into appropriate classes. (1) A position is a group of currently assigned duties and responsibilities requiring the full-or part-time employment of one (1) person. A position may be occupied or vacant. (2) A class is a group of positions (or one (1) position) that: a. Has similar duties and responsibilities; b. Requires like qualifications; and c. Can be equitably compensated by the same range of pay. (Ord. No. 1980-15, ch. III, 1, 4-22-80) Sec. 2-316. Use interpretation of class specifications. Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particular phrases or examples are not to be isolated and treated as full definition of a class. Specifications are descriptive and explanatory of the kind of work performed and not necessarily inclusive of all duties performed. The use of a particular description as to duties, qualifications or other factors shall not be held to exclude others of similar kind or quality. Periodically, and not less than every two (2) years after the adoption of these regulations, a general review of the classification plan shall be conducted by the chairman of the board of commissioners. (Ord. No. 1980-15, ch. III, 2, 4-22-80)

Page 5322

Sec. 2-317. Amendments to the position classification plan. The board of commissioners shall determine whether the establishment and/or the abolition of a classification is in order. Such changes shall take the form of amendments to the plan and must be adopted by the board of commissioners. When a new position is established or duties of an existing position changed, the department head or elected official involved shall submit, in writing, a position description stating the duties and responsibilities of the position. The personnel director shall investigate the actual or proposed duties, assure the availability of funds with the finance department and recommend to the chairman of the board of commissioners the appropriate class allocation or the establishment of a new class. The board of commissioners shall approve or change such recommendations and allocate the position to a class. (Ord. No. 1980-15, ch. III, 3, 4-22-80) Sec.2-318. Classification appeals An employee who considers his position improperly classified shall submit his reclassification request, in writing, to his department head or elected official who shall review such request as to its justification. The department head or elected official shall make a recommendation to the personnel director within seven (7) days of the receipt of the appeal. The personnel director shall, within fourteen (14) days, evaluate the appeal and submit it to the Board of Commissioners recommending that: (1) the job is properly classified or that, (2) the job be reclassified at a new paygrade. The decision of the Board of Commissioners is final. (Ord. No. 1980-15, ch. III, 4, 4-22-80) Sec. 2-319. Official copy of the classification plan. The personnel director shall be responsible for maintaining an official copy of the classification plan. The official copy shall include a schematic list of class titles and class specifications plus all amendments to the plan. A copy of the official plan shall be

Page 5323

available for inspection by the public under reasonable conditions during business hours. (Ord. No. 1980-15, ch. III, 5, 4-22-80) Sec. 2-320. Classification plan in effect. The classification plan shall be considered a part of this chapter and shall have the same force and effect as these personnel rules and regulations. (Ord. No. 1980-15, ch. III, 6, 4-22-80) Secs. 2-321 2-323. Reserved. ARTICLE D. PAY PLAN Sec. 2-324. Composition. The pay plan includes the adopted salary schedule and the schedule of salary ranges consisting of rates of pay for all classes of positions included in the classification plan. (Ord. No. 1980-15, ch. IV, 1, 4-22-80) Sec. 2-325. Maintenance of the plan. The pay plan is intended to provide fair compensation for all classes in the classification plan, considering range of pay for other classes, rates of pay for comparable services in private and public employment in the area, cost-of-living data, other benefits received by employees, the county's financial condition and other factors. The chairman of the board of commissioners shall periodically, and not less than every two (2) years, make, or cause to be made, comparative studies of all the factors affecting the level of salary ranges. On the basis of conclusions reached through such studies, the board of commissioners shall make changes in salary ranges as appropriate. (Ord. No. 1980-15, ch. IV, 2, 4-22-80) Sec. 2-326. New appointees. Generally, a new employee shall be paid the minimum rate of pay for his class. Exceptions may be granted upon the written prior approval of the chairman of the board of commissioners in the following areas:

Page 5324

(1) The minimum rate for each class is based upon the assumption that a new employee meets the minimum qualifications stated in the class specifications. If it becomes necessary to appoint a new employee of lesser qualifications, he should be started at one (1) or possibly two (2) steps below the minimum rate of the class; and the appointment shall be considered to be temporarily filled until either the qualifications are met, the qualifications are changed, or a qualified candidate is appointed. (2) In the event no candidate who possesses the minimum qualifications is available at entry level, a candidate who more than meets the minimum qualifications and will not accept appointment at the minimum rate of the class, may be appointed at the second step or, in unusual cases, at a still higher step with the written approval of the personnel director and the chairman of the board of commissioners. Cases should be thoroughly analyzed and measured against objective standards. Consideration should be given to a review of the salaries of the employees in the class whose present salaries are below the recruiting rate. (Ord. No. 1980-15, ch. IV, 3, 4-22-80) Sec. 2-327. Promotion. An employee who is promoted shall receive a salary raised to the lowest step of the range for the class of the new position which will effect an increase in his salary at least as great as the full step in the previous salary range. The successful completion of the promotional probationary period will not warrant a further salary raise. Sec. 2-238. Demotion. When an employee is demoted, the salary paid shall be at a rate which is within the range of the lower position. The rate of pay shall be set by the department head or elected official with the approval of the personnel director and the chairman of the board of commissioners, taking into consideration the circumstances surrounding the demotion as well as the employee's length of service and performance record with the county. (Ord. No. 1980-15, ch. IV, 5, 4-22-80)

Page 5325

Sec. 2-329. Salary reviews. It is the policy of Rockdale County to reward its employees by establishing an equitable system of providing salary reviews. When a salary increase is approved, the increase shall be to one of the steps within the range to which the position is allocated. (Ord. No. 1980-15, ch. IV, 6, 4-22-80) Sec. 2-330. Overtime compensation. Compensatory time off at a rate of 1 hours for each hour of overtime worked in a work week may be granted for overtime work when the overtime has been requested by the supervisor and whenever it is practical to release personnel without impairing the work program. When compensatory time off is not practical, cash payment may be made on a time-and-a-half basis. Prior approval for cash payment on overtime must be obtained from the chairman of the board of commissioners by the nonelected department head. Elected officials must assure budgetary consideration when approving cash payment for overtime. This approval must be submitted with the request for cash payment. Overtime cash payment or compensatory time shall not be made to employees who are allocated to grade levels above 18, on the premise that overtime will not be granted to supervisors, division heads and department heads, since the salary levels for these groups are usually established on the basis of the work to be accomplished rather than on the number of hours of work per week. It is consistent to treat overtime as a condition of the level of responsibility for these occupational groupings. The chairman of the board of commissioners shall have final authority on matters pertaining to this section. (1) Overtime shall be accrued and compensated for in half-hour increments. When periods of less than fifteen (15) minutes are involved, no overtime is credited. For periods in excess of fifteen (15) minutes, one-half hour is credited. (2) Overtime cash payment shall be computed on base rate of pay and shall not include any incentive amounts. (3) All overtime compensation shall be paid on the subsequent payroll after the fiscal clerk has received the cash payment request and approval action.

Page 5326

(4) All compensatory time must be used within sixty (60) days from the date that it is earned, or it shall be forfeited. (5) If an employee, through circumstances beyond his control such as inclement weather, power failure, equipment breakdown, etc...., is excused from duty, he shall not be paid for time not worked. However, when an employee is required to remain at a county facility, this time shall be fully compensable. None of the above shall prohibit a regular employee from using accumulated annual leave or earned/documented compensatory time. (Ord. No.1980-15, ch. IV, 7, 4-22-80) Sec. 2-331. Transfers. A lateral transfer is an assignment from one position at a specified grade and step in a department to another position of similar responsibility and pay in the same or another department. An employee who is laterally transferred shall be paid the same salary that the employee received prior to transfer. Sec. 2-3322-333 Reserved. ARTICLE E. RECRUITMENT AND SELECTION Sec. 2-334. Employee opportunities. The recruitment, selection, appointment and promotion of employees shall be in such a manner as to promote equal employment opportunity for all persons without regard to race, age, color, creed, sex, national origin, political persuasion or affiliation, or handicap. Sec. 2-335. Vacant positions. Department heads shall be responsible for notifying the personnel director of vacant, or soon to be vacant, positions in their department. The notification shall include the class, title and salary range. All vacancies to be filled should be announced to all county employees. A vacancy announcement shall be posted for at least five (5) work days in a central location in each department. (Ord. No. 1980-15, ch. V, 2, 4-22-80)

Page 5327

Sec. 2-336. Recruitment for vacant positions. All full-time vacancies shall be publicized by the personnel director by posting vacancy announcements at least five (5) working days in advance of the closing date for receipt of applications. The personnel director shall make every reasonable effort to attract qualified persons from every section of the community. Sec. 2-337. Public works temporary positions. It is recognized the public works department faces an unusual situation where the time requirements of sections 2-335 and 2-336 of this article are unrealistic. To prevent an undue delay in obtaining personnel for a required work force, use of the vacant temporary positions allotted to the public works department may be filled on an emergency basis by the department head. Promotion to a regular position will only be considered when the provisions of sections 2-335 and 2-336 are being acted upon. Temporary positions must be vacant to use the provisions of this section. No temporary employment may begin until an applicant has completed the necessary employment forms, and such forms have been presented to the personnel director. (Ord. No. 1980-15, ch. V, 4, 4-22-80) Sec. 2-338. Application Forms. Application shall be made on Rockdale County application forms. Such forms shall include information covering training experience and other pertinent factors. All applications shall be signed by the person applying (Ord. No. 1980-15, ch. V, 5, 4-22-80) Sec. 2-339. Disqualification. The personnel director may remove from further consideration the application of an applicant who: (1) Does not meet the minimum qualifications established for the position. (2) Has failed to submit his application within the prescribed time limit. (3) Has made false statements of material fact, or practices deception in his application.

Page 5328

(4) Has an unsatisfactory employment record of such a nature as to demonstrate unsuitability for employment by the county. (5) Has failed to pass a criminal record check or who has been convicted of a felony or otherwise exhibited dishonesty or public conduct offensive to the sensitivity of the public at large. (6) Has any other background information which may be detrimental to employment by the county. (7) Has failed to pass a pre-employment physical examination which may include drug-screening. (Ord. No. 1980-15, ch. V, 6, 4-22-80) Sec. 2-340. Selection. The personnel director or his designate shall review all applications for employment to determine whether the applicant meets the established standards for employment. When appropriate, examinations may be used which may be written or oral or a combination of these. Such tests shall be practical in character and shall relate to the duties and responsibilities of the position for which the applicant is being examined. Examination of employees may also consist of a review of educational experience necessary to perform the duties of the position. Applicants meeting the employment standards will be referred to the employing department head or elected official by the personnel director. The department head or elected official shall make a selection from the applicants referred and shall notify the personnel director of this decision. Thereafter, the applicant may be offered employment by the personnel director contingent upon the applicant passing a physical examination if required. (Ord. No. 1980-15, ch. V, 7, 4-22-80) Sec. 2-341. Department heads, appointive. When the position of any appointive department head is to be filled, or the status of the incumbent changed by administrative action, the provisions of Georgia state law creating the board of commissioners of Rockdale County shall supersede the provisions of this chapter and shall govern with regard to the special powers and authorities of the board of commissioners and the chairman of

Page 5329

the board of commissioners. Nothing contained herein shall be construed as being contrary to the provisions of H.B. 610 as amended now or hereafter. (Ord. No. 1980-15, ch. V, 8, 4-22-80) Sec. 2-342. Nepotism. It is the policy of Rockdale County not to employ members of an employee's immediate family in a position that constitutes an employee/supervisor relationship. For purposes of definition, immediate family includes spouse, parents, son, daughter, brother, sister, grandparent, whether by blood or by law. Secs. 2-343344. Reserved. ARTICLE F. METHODS OF APPOINTMENT Sec. 2-345. Regular appointment. All regular full time employees are eligible for enrollment in the Retirement Plan for Rockdale County employees. Regular appointment to full and part-time positions shall occur after the procedures outlined in Article E have been completed. All employees appointed under this method shall serve a probationary period as described in Article G. When the employee has successfully completed the probationary period, and the department head or elected official has notified the Personnel Director, the employee shall receive a one-step salary increase. This section does not apply to personnel who have successfully completed a promotion probationary period. (Ord. No. 1980-15, ch. VI, 1, 4-22-80) Sec. 2-346. Temporary appointment. Temporary appointments for short-term employment to positions that will not continue longer than six (6) months in any twelve-month period shall be made whenever possible by the procedures outlined in article E. If this is not possible or practical, the personnel director may authorize the department head to make a recommendation for employment. The department head will consult with the finance department to assure budgetary compliance. Temporary employees are excluded from the benefits and privileges provided to regular employees. (Ord. No. 1980-15, ch. VI, 2, 4-22-80)

Page 5330

Sec. 2-347. Limited term appointment. Vacancies created by a leave of absence without pay may be filled by limited term appointment. Selection shall be made under the provisions outlined in article E. A person holding a limited term appointment may be terminated when the person replaced returns to the position. Transfer from limited term to regular appointment may be made if the person being replaced fails to return on the termination of leave. Except for the limited nature of their status, employees holding limited term appointments shall have the same rights and privileges as regular employees. (Ord. No. 1980-15, ch. Sec. 2-348. Emergency appointment. When an emergency involving serious impairment of the public business makes it impossible to fill a vacant position by normal procedures, the department head or elected official with the approval of the personnel director and the chairman of the board of commissioners, may appoint any qualified person to such a position on a temporary basis in order to prevent stoppage of public business, or loss or serious inconvenience to the public. Such an appointment shall be for a period not to exceed ninety (90) days, during which the normal selection procedures will be followed in order to fill the position under a regular appointment. (Ord. No. 1980-15, ch. VI, 4, 4-22-80) Secs. 2-349 2-351. Reserved. ARTICLE G. PROBATION Sec. 2-352. Objectives. The probationary period shall be regarded as an integral part of the selection process and shall be utilized for closely observing the employee's work, for securing the most effective assessment of a new employee to the position, and for rejecting any employee whose performance is not satisfactory. Employees serving probationary periods do not have appeal rights unless there is alleged discrimination because of race, age, color, creed, sex, national origin, or handicap. Employees who are separated from the county's service prior to the completion of six (6) months of service receive no vacation pay. The probationary period may be extended at the

Page 5331

option of the County to give the employee additional opportunity as provided hereinafter. (Ord. No. 1980-15, ch. VII, 1, 4-22-80) Sec. 2-353. Duration. The probationary period shall normally be six (6) months in duration. There shall be no extension of the probationary period except where the employee could not be observed in the performance of work due to justifiable absence from the job, where extensive certification requirements of the job cannot be met by the employee within the time frame of six (6) months for reasons beyond the control of the employee, or where other unusual events preclude completion of an adequate evaluation during the probation period. No extensions will exceed an additional ninety (90) days to the normal probation period. (Ord. No. 1980-15, ch. VII, 2, 4-22-80) Sec. 2-354. Evaluation of performance. After an employee has completed half of the probationary period, the department head shall complete a performance appraisal on the probationary employee's work and submit the form to the personnel director with the written opinion of the employee's supervisor as to whether the employee's services have been satisfactory. During the probationary period, the employee's supervisor will tell the employee when he is not performing satisfactorily. At least fifteen (15) days prior to the expiration of an employee's probationary period, the department head shall notify the personnel director, in writing, whether or not an employee is expected to satisfactorily complete his probationary period. (Ord. No. 1980-15, ch. VII, 3, 4-22-80) Sec. 2-355. Dismissal. During the probationary period, a department head or elected official may remove an employee who is unable or unwilling to perform the duties of the position satisfactorily, or whose habits and dependability do not merit his continuance in the county's service. The department head or elected official shall immediately report such removal to the personnel director as well as to the employee and shall state reason for removal. Employees serving their probationary period do not have the right of appeal unless it is alleged that the civil rights of the employee as afforded by the Constitution

Page 5332

of the United States have been abridged or violated. (Ord. No. 1980-15, ch. VII, 4, 4-22-80) Sec. 2-356. Promotional probation. The probationary period shall be used in connection with promotional appointments in the same manner as it is used for entrance appointments. However, an employee serving a promotional probation is still eligible for the rights and privileges provided regular employees. When an employee is removed during a probationary period following a promotion, the employee shall be entitled to reclassification at the employee's former position without prejudice. When the promotional probation is successfully completed, there will be no probationary salary increase. (Ord. No. 1980-15, ch. VII, 5, 4-22-80) Secs. 2-357 through 2-360. Reserved. ARTICLE H. SEPARATION Sec. 2-361. Types of separation. Separation of employees from Rockdale County shall be designated as one of the following and shall be accomplished in the manner indicated: Resignation, constructive resignation, layoff, disability, death, retirement, and dismissal. (Ord. No. 1980-15, ch. VIII, 1, 4-22-80) Sec. 2-362. County property. At the time of separation and prior to final payment, all records, assets and other items of county property in the employee's custody shall be transferred to his department head or elected official. Certification to this effect will be signed by the department head or elected official. Any amount due because of the shortage in the above shall be withheld from the employee's final compensation. In the case of a department head being terminated, the accounting shall be to the chairman of the board of commissioners. All accountings must be forwarded to the personnel director prior to final payment. The value of the materials will be determined by the department head or elected official. (Ord. No. 1980-15, ch. 2, 4-22-80)

Page 5333

Sec. 2-363. Rights of employees. Employees who separate shall receive payment for all earned salary, and those employees who have successfully completed the probationary period shall receive payment for all earned annual leave subject to deductions as outlined in section 2-362 of this article, and subject to any other outstanding indebtedness of the employee to the county for any reason. Those employees who have elected to participate in any credit union payroll deduction program must abide by any agreements they have signed. (Ord. No. 1980-15, ch. VIII, 3, 4-22-80) Sec. 2-364. Resignation. To resign in good standing, an employee shall give notice in writing to his department head at least ten (10) working days prior to the effective date of the employee's resignation. Normally, failure to comply with this rule shall be entered on the service record of the employee. An employee who resigns in good standing shall be eligible for rehire as a new employee. At the sole discretion of the county an employee who resigns in good standing may be eligible for reinstatement with beginning employee status, provided such reinstatement occurs within thirty (30) calendar days from the date of the employee's separation. Such reinstatement eligibility shall not be considered to be a right. Such reinstatement is subject to the normal probationary period. (Ord. No. 1980-15, ch. VII, 4, 4-22-80) Sec. 2-365. Constructive Resignation. Any employee who without valid reason fails to report to work for three (3) consecutive workdays without authorized leave shall be separated from the payroll and reported as a constructive resignation. (Ord. No. 1980-15, ch. VIII, 5, 4-22-80) Sec. 2-366. Layoff. For the purposes of definition, any involuntary separation not involved in delinquency, misconduct or inefficiency shall be considered a layoff. Any layoff shall be conducted in accordance with the following rules:

Page 5334

(1) Employees shall be laid off on the basis of the following three (3) factors, to be weighed in descending order: Length of service with the county, criticalness of skill, and past performance of the employee. It is provided, however, that deviation from the use of length of service with the county as the sole determining factor will require written explanation to the personnel director by the department head or elected official and final approval by the chairman of the board of commissioners. (2) If a regular employee is scheduled to be laid off, a demotion to a lower class shall be offered if a vacancy exists, or if a probationary employee is filling a lower county position, provided the regular employee is qualified or able to be trained to fill the position in the lower class. If no such position is available, the employee shall be laid off without cause. (3) Prior to a reduction in force, the names and job titles of all regular employees scheduled for layoff shall be submitted to the chairman of the board of commissioners by the personnel director for approval. Until the names submitted are approved and confirmed for layoff, no layoff shall be consummated. (4) Regular employees to be laid off shall be notified in writing by the chairman of the board of commissioners at least fourteen (14) calendar days prior to the effective day of the layoff. (Ord. No. 1980-15, ch. VIII, 6, 4-22-80) Sec. 2-367 Disability. In cases of disability other than as a result of an on-the-job injury, the department head or elected official or the personnel director may direct any employee to be examined by a physician designated by the personnel director. When a disability of any kind is discovered which impairs the effectiveness of an employee, or impairs the effectiveness of others, the following action shall be taken: (1) If the disability is correctable, the employee shall be allowed a specified length of time as determined by the department head or elected official to have it corrected. If the employee fails to take steps to have it corrected within the specified time, the employee shall be subject to disciplinary action or termination.

Page 5335

(2) If, in the opinion of the examining physician, the disability cannot be corrected, the department head shall: a. Attempt to place the employee in another position at which the employee can perform satisfactorily. If that cannot be accomplished successfully, the department head shall: b. Take steps to separate the employee from county service through dismissal without prejudice. (Ord. No. 1980-15, ch. VIII, 7, 4-22-80) Sec. 2-368. Loss of job requirements. Any employee who is unable to do a job because of a loss of the necessary license, or who fails to obtain certification as a job requirement, or who fails to meet other job requirements shall be terminated. (Ord. No. 1980-15, ch. VIII, 7, 4-22-80) Sec. 2-369. Death. When any employee dies while in the service of Rockdale County, all compensation due in accordance with section 2-363 of this article shall be paid to the legal representative of the employee's estate or any other properly designated individual. (Ord. No. 1980-15, ch. VIII, 9, 4-22-80) Sec. 2-370. Dismissal. A department head or elected official may dismiss an employee for cause as outlined in section 2-375 of article I, after reviewing such action with the personnel director. The employee shall be furnished notice of dismissal in writing, stating the reason for dismissal. Procedures for appeal are outlined in Sec. 2-383. It is recognized there will be occasions when immediate dismissal is required. A review of such action with the personnel director must be completed as soon as possible. (Ord. No. 1980-15, ch. VIII, 10, 4-22-80) Sec. 2-371. Department heads, appointive. When a department head is to be dismissed for any reason, the provisions of Georgia law creating the board of commissioners, as amended, shall supersede the provisions of this chapter, and shall govern with regard to the special powers and authorities of the

Page 5336

board of commissioners and of the chairman of the board of commissioners. Department heads, as part of management, are not eligible to use the appeal and grievance procedures contained in article J. (Ord. No. 1980-15, ch. VIII, 11, 4-22-80) Secs. 2-372 2-374. Reserved. ARTICLE I. DISCIPLINARY ACTION Sec. 2-375. Types of Disciplinary Action. A department head shall have the following alternatives for disciplinary action: (1) Verbal reprimand . A department head or elected official may administer a verbal reprimand to correct detrimental employee behavior. Department heads will keep a written record of verbal reprimands, and they may be made a part of employee's personnel files. Such records maintained by department heads should include time, date and a brief description of the problem and direction given the employee. (2) Written reprimand . A department head or elected official may submit a written reprimand to an employee when a verbal reprimand has not resulted in the expected improvement, or when more severe initial action is warranted. Copies shall be sent to the personnel director. The personnel director shall file a copy of the reprimand in the employee's personnel file, from which it may be removed after one (1) year, provided no additional reprimands are received by the employee. Such removal shall be at the direction of the department head or elected official. Written reprimands must contain specific time, date, place of offense, the signature of the employee, and a statement of expected corrective action to be taken by the employee. (3) Suspension . A department head or elected official may, for cause, suspend an employee in his department with or without pay. A written statement specifically setting forth reasons for suspension and duration of the suspension shall be furnished to the employee. Copies shall be sent to the personnel director and placed in the employee's personnel file. A copy shall also be sent to the

Page 5337

chairman of the board of commissioners, who may require that the suspension be extended or revoked. (4) Dismissal . A department head or elected official may dismiss an employee for cause as outlined in section 2-376 of this article. The employee shall be furnished notice of dismissal in writing, stating the reasons for dismissal. Copies shall be filed with the personnel director and in the employee's personnel file. Procedures for appeal of a dismissal are provided in article J, section 2-384. (Ord. No. 1980-15, ch. IX, 1, 4-22-80) Sec. 2-376. Reasons for disciplinary action. Listed below are some of the reasons which may be cause for disciplinary action ranging from a verbal warning to discharge. The list is not intended to include all offenses for which disciplinary action may be taken, but does include many of the most commonly encountered ones: (1) Being convicted of a felony or of a misdemeanor involving moral turpitude; immoral conduct or indecency. (2) Being absent without leave. (3) Excessive tardiness. (4) Abuse of sick leave. (5) Inefficiency, negligence or incompetence in the performance of duties, insubordination. (6) Careless, negligent or improper use of county time, property, or equipment. (7) Falsification of records or willfully giving false statements to supervisors, officials or the public. (8) Violation of county ordinances, administrative regulations or departmental rules. (9) Possession of or being under the influence of alcohol or illegal drugs when reporting for work, or partaking of such while on duty, except law enforcement personnel in the performance of their jobs.

Page 5338

Prescribed medication may be taken within the limits set by a physician as long as it is medically necessary, and provided that the employee has documented such medical necessity with his department head or elected official. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work place. (It is the policy of Rockdale County to maintain an alcohol and drug free workplace. Employees seeking treatment are encouraged to contact the Personnel Director for confidential counseling, referral, treatment, rehabilitation and follow-up.) (10) Soliciting of other employees or distributing literature to other employees during work hours, or otherwise interfering with the work of other county employees. (11) Theft or misappropriation of property of employees or the County. (12) Fighting at any time. (13) Illegal possession of weapons on County premises at any time. (14) Loansharking, gambling, lottery or any other game of chance on County premises at any time. (15) Disregard of safety rules or common safety practices. (16) Littering, or contributing to poor housekeeping, unsanitary, or unsafe conditions on County property. (Ord. No. 1980-15, ch. IX, 2, 4-22-80) Sec. 2-377. Personnel file. Personnel files are privileged information, and are only to be used for Rockdale County personnel actions. Any requests from outside agencies for such information will be forwarded to the personnel director for action. Employees and their supervisors are permitted to review their personnel files during working hours as required. (Ord. No. 1980-15, ch. IX, 3, 4-22-80)

Page 5339

Secs. 2-378 2-380. Reserved. ARTICLE J. GRIEVANCES AND APPEALS Sec. 2-381. Definition. A grievance is a complaint made by an employee concerning the interpretation of these rules, regulations, policies, departmental work rules, or disciplinary action affecting his employment with the county. (Ord. No. 1980-15, ch. X, 2, 4-22-80) Sec. 2-382. Policy. The most effective accomplishment of the work of the county requires prompt and equitable adjustment of employee grievances. It is the desire of the county to address grievances informally, and both employees and supervisors are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which will be resolved only after a formal appeal and review. No employee shall be disciplined or discriminated against in any way because of the proper use of the grievance procedure. (Ord. No. 1980-15, ch. X, 1, 4-22-80) Sec. 2-383. Appeals. Any regular employee in the classified service of the county who is suspended, demoted or dismissed shall have the right to appeal this action to the board of redress. (Ord. No. 1980-15, ch. X, 3, 4-22-80) Sec. 2-384. Grievance procedure. (a) An employee shall first present his grievance to his immediate supervisor, who shall make careful inquiry into the facts and circumstances of the complaint. The supervisor shall attempt to resolve the problem promptly and fairly. (b) An employee who is dissatisfied with the decision of his supervisor may submit his grievance, in writing, to the department head. The department head shall make a separate investigation and inform the employee, in writing, of his decision and the reason for it within ten (10) working days after the receipt of the employee's grievance.

Page 5340

(c) If the employee is dissatisfied with the decision reached by the department head, he may obtain a review of the matter by requesting it in writing, from the personnel director within seven (7) workdays of the decision in (b). The personnel director shall, if requested, review all evidence in the matter, interview the employee and all others who may provide a clear understanding of the circumstances, and provide a written report within fifteen (15) working days, to the chairman of the board of commissioners recommending that the chairman uphold or not uphold the action taken by the employee's supervisor or department head. (d) The Chairman shall have fifteen (15) working days to review the Personnel Director's written report and make a decision to uphold or not uphold the action taken by the employee's supervisor or Department head. If the chairman upholds the action previously taken by the department head or supervisor, the employee may, after being notified by the personnel director of the decision of the chairman, request a review by the board of redress. The request for review must be in writing and submitted by the employee within fourteen (14) workdays to the personnel director. The board of redress shall make such investigation and conduct such hearings as deemed necessary, and shall, within fifteen (15) working days after recepit of the employee's request for review inform the employee and the personnel director in writing, of the findings of the board. The decision of the board of redress shall be limited to the issue presented by the employee in step (a) and shall in all cases be final. (e) The employee shall have the right, at all levels of the procedure, to a closed hearing and may be represented at any such hearing. (Ord. No. 1980-15, ch. X, 4, 4-22-80) (f) Any grievance not appealed from a decision at one step of this procedure to the next step within the established time limits, shall be considered waived on the basis of the last decision and not subject to further appeal. Sec. 2-385. Board of redress. The board of redress shall consist of five (5) members. The members shall be appointed for terms of two years, one (1) being appointed by the Board of Commissioners, one (1) being appointed by the Tax Commissioner, one (1) being appointed by the Clerk of Courts, one (1) being appointed by the Judge of the Probate Court

Page 5341

of Rockdale County and one (1) being appointed by the appellant who shall serve pro tempore for the duration of the review of the grievance for which appointed only. The Chairman of the Board of Redress shall be elected by a consensus of the members and shall otherwise have the same duties and responsibilities as the other members of the Board. The members of the Board of Redress shall serve without compensation or remuneration except in unusual cases in which out-of-pocket expenses are incurred by the members, in which cases, the Chairman of the Board of Commissioners may, at his own discretion, authorize reimbursement. (Ord. No. 1980-15, ch. X, 5, 4-22-80) Sec. 2-386 2-388. Reserved. ARTICLE K. ATTENDANCE AND LEAVE Sec. 2-389. Hours of work. The hours of operation for each department shall be established by the department head or elected official with the approval of the chairman of the board of commissioners. Each department head or elected official shall schedule their fulltime personnel for a minimum forty-hour work week. (Ord. No. 1980-15, ch. XI, 1, 4-22-80) Sec. 2-390. Holidays. The following days are designated as holidays: New Year's Day, Martin Luther King's Birthday (third Monday in January), Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. One other personal holiday is granted each year to be taken at the discretion of an eligible employee with the approval of the supervisor, to celebrate the employee's birthday or mark a religious occasion or significant event. Reasonable prior notice with consideration for work schedules must be a priority. Other workdays may be declared holidays by the board of commissioners. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday, the holiday shall be observed on the following Monday. Holidays which fall during annual leave shall not be charged against annual leave. (Ord. No. 1980-15, ch. XI, 2, 4-22-80)

Page 5342

Sec. 2-391. Holidays for part-time employees. Part-time employees shall not be paid for observed holidays which fall on days when they are not scheduled to work. When an observed holiday falls on a day on which a part-time employee is scheduled to work, the part-time employee is eligible for holiday pay proportionate to the percentage of a workday which the employee is scheduled to work. (Ord. No. 1980-15, ch. XI, 3, 4-22-80) Sec. 2-392. Annual leave (vacation). (a) General . Vacations are for the purpose of rejuvenating both the physical and mental faculties, and all employees are urged to take vacations. No employee shall receive pay for earned vacation time not taken unless prior approval has been given by the personnel director, finance department and the chairman of the board of commissioners; and such approval shall not be given without compelling reason. During the month of March of each year, the Personnel Director shall send to each Department Head a list of employees in that department showing the amount of annual leave to which each employee is entitled. (b) Rate of Accrual . Eligible employees begin to accrue annual leave on employment, although leave may not be taken until the probationary period is successfully completed. During the first year of employment, vacation is earned at the rate of one-half day per month (or six (6) days per year). Employees with over one (1) year, but less than five (5) years of service earn vacation time at the rate of one (1) day per month (or twelve (12) days per year). Employees with over five (5) but less than ten (10) years of service earn vacation time at the rate of one and one-quarter (1) days per month (or fifteen (15) days per year). Employees with over ten (10) years of service but less than fifteen (15) years of service earn vacation time at the rate of one and one-half (1) days per month (or eighteen (18) days per year). Employees with over fifteen (15) years of service but less than twenty (20) years of service earn vacation at the rate of one and three quarters (1) days per month (or twenty one (21) days per year). Employees with over twenty (20) years of service earn vacation time at the rate of two (2) days per month (or twenty-four (24) days per year). 1 year = 6 days Over 1 to 5 yrs. = 12 days

Page 5343

Over 5 to 10 yrs. = 15 days Over 10 to 15 yrs. = 18 days Over 15 to 20 yrs. = 21 days Over 20 years = 24 days (c) Maximum allowable accumulation . Unused annual leave may be accumulated up to thirty (30) days at the end of each fiscal year. Subsequent earned leave must be taken or it is lost at the end of each fiscal year. (d) Payment for Unused Leave . When an employee leaves the service of the county, unused annual leave will be paid for unless proper notice of resignation was not given as provided in article H, sections 2-364 and 2-365. (e) Part-Time Employees . Part-time employees earn annual leave on a pro-rata basis. (f) Scheduling of Leave . Employee pay check stubs may reflect the amount of annual leave to which each employee is entitled. It is the responsibility of each department head or elected official to schedule the leave of his employees. When requests for the same time period preclude the awarding of the leave time requested, the more senior employee within the department will have first choice. (g) Leave Request . (1) Submittal of request . Under ordinary circumstances, each employee must present all requests for annual leave to his/her immediate supervisor in advance equivalent to the number of days requested. Leave requested for less than eight (8) hours must be submitted in advance at least the number of hours equivalent to the number of hours requested. (2) Annual leave requests without prior approval . a. If an emergency prevents prior approval of annual leave, the employee must contact his/her immediate supervisor by 9:00 a.m. to report the absence. If the immediate supervisor cannot be reached, the employee should contact and secure the approval of the supervisor next in line of authority. If a supervisor in the line of authority cannot be reached, the employee must contact the personnel director to secure approval.

Page 5344

b. When the employee returns to work, a request for leave must be submitted explaining the emergency of the situation. (Ord. No. 1980-15, ch. XI, 4, 4-22-80) Sec. 2-393. Sick leave. (a) General . Sick leave is an emergency benefit which allows eligible employees time off without loss of pay or benefits from normally scheduled work for personal or immediate family illness, injury or related medical care (care or treatment by a physician, dentist or other recognized health profession). No payment for unused sick leave is made when an employee leaves the service of the County. Immediate family is defined for this paragraph only, as the employee's spouse or dependent child living in the same household. (b) Rate of Accrual . Eligible employees earn sick leave at the rate of one (1) day per month or twelve (12) days per year. (c) Maximum Allowable Accumulation . Unused sick leave may be accumulated up to 120 days. After the maximum has accrued, excess sick leave will be forfeited. (d) Part-Time Employees . Part-time employees earn sick leave on a pro rata basis. (e) Reporting Sick Leave . The employee shall report to his supervisor the reason for his need for sick leave prior to scheduled work time if possible. If this is not possible, the employee is responsible for seeing that the absence is reported within thirty (30) minutes of the reporting time for work. Failure to do so may be cause for denial of sick leave with pay. Special consideration will be given to emergency situations. (f) Doctor's Certificate . A medical certificate signed by a licensed physician may be required by the department head to substantiate requests for sick leave in the event the absence consists of three (3) or more consecutive days, or sick leave of any duration if absence from duty occurs frequently or habitually, provided the employee has been notified in advance that a certificate will be required.

Page 5345

(g) When Sick Leave Is Exhausted . When sick leave is exhausted, employees may, with the prior approval of the department head, convert unused accumulated annual leave on a day-to-day basis. When all accumulated annual and sick leave has been used, then with prior approval of the department head and the personnel director, leave without pay may be granted. (Ord. No. 1980-15, ch. XI, 5, 4-22-80) Sec. 2-394. Worker's compensation. Employees are covered under the provisions of the Worker's Compensation Act of the State of Georgia. If an employee is injured while on the job, such injury must be reported to the supervisor immediately. The supervisor must report the injury to the personnel director on the day of occurrence. Employees who have been injured on the job and cannot perform their regular work, may be offered other work they can do in their own department or another department without loss of time or wages. If an employee who is injured on the job is unable to perform any work and this is substantiated by a doctor's report, he/she may draw Worker's Compensation, up to the limit stipulated by State Law, starting on the eighth day of disability; or he/she may receive full pay using accumulated sick leave and/or annual leave for the duration of the disability or until all accrued sick or annual leave has been used. If the employee has filed for and begins collecting Worker's Compensation while receiving full pay using accumulated sick leave and/or annual leave, Worker's Compensation checks must be endorsed and turned in to the personnel director's office for reimbursement to the County for wages paid the employee. In any case, no employee may collect more money under any provision or combination of provisions of this section than he/she would have received had the employee continued to work at his/her regular job. Sec. 2-395. Military leave. Any regular employee who leaves the service of the county to join the military forces of the United States or is inducted by selective service may, upon written request, and with the written approval of the chairman of the board of commissioners, prior to his/her induction

Page 5346

into the military, be placed on military leave without pay, such leave to extend through a ninety-day period after he is released from the military service. Such an employee shall be entitled to be restored to the position which he vacated, provided he makes application within ninety (90) days of the date of honorable discharge, or discharge under honorable conditions, and if mentally and physically capable of performing the work of his position. An employee who is a member of the National Guard or an organized military reserve unit of the United States will be allowed leave of absence with pay not to exceed thirty (30) calendar days during any calendar year to attend such training. (Ord. No. 1980-15, ch. XI, 7, 4-22-80) Sec. 2-396. Leave without pay. Leave of absence without pay may be granted to an employee, upon his/her department head's recommendation, by the chairman of the board of commissioners or the appropriate elected official, for a period not to exceed six (6) consecutive months. No accrual of privileges or benefits is allowed for an employee who is on leave of absence without pay. Consideration for leave without pay will be given for reasons such as personal illness or disability, illness or disability of a member of the employee's family, or continuing education. The needs of the county will be the controlling factor. (Ord. No. 1980-15, ch. XI, 8, 4-22-80) Sec. 2-397. Civil leave. An employee shall be given the time off with pay for jury duty or when subpoenaed to appear before any public body or commission. If an employee is released at least two and one-half (2) hours prior to the end of his assigned work period, he is expected to return to work. (Ord. No. 1980-15, ch. XI, 9, 4-22-80) Sec. 2-398. Bereavement leave. Bereavement leave of up to three (3) calendar days, at the discretion of the department head or elected official, shall be granted with pay for employees in the event of death in the immediate family. It is intended that county employees only use the time required, not that each employee will automatically receive the full three (3) days. For purposes of definition, immediate family includes spouse, parents, sons, daughters, brothers, sisters, and grandparents,

Page 5347

whether by blood or by law. In the event that more than three (3) calendar days are necessitated for bereavement leave, the employee will be allowed to charge such additional days against accumulated sick leave. Bereavement leave is afforded county employees in order that family affairs may be properly attended to, and that grief may be suffered privately. It follows, then, that unused bereavement leave is not accumulated or paid for in any fashion other than as described above. (Ord. No. 1980-15, ch. XI, 10, 4-22-80) SECTION 2 After final adoption by the Board of Commissioners, this ordinance shall be retroactive to July 1, 1989. SECTION 3 All ordinances or the Act or portions of the Act or parts thereof in conflict herewith are hereby repealed. First adopted this 12th day of September, 1989. Final adoption this 26th day of September, 1989. BOARD OF COMMISSIONERS /s/ Randolph Poynter /s/ Norman Wheeler /s/ Bud Sosebee Attest: /s/ Sarah R. Alexander Ex Officio Clerk Approved as to form: /s/ John Nix County Attorney

Page 5348

Publicly advertised: 8-31-89 9-7-89 9-14-89 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF ROCKDALE Personally appeared before the undersigned Jane O. Patterson who on oath says that she is Advertising Manager of The Rockdale Citizen, and that the attached advertisement was published in said newspaper on the following dates: Aug 31, Sept. 7, 14, 1989. /s/ Jane Patterson PUBLIC NOTICE LEGAL HOME RULE AMENDMENT Please take notice that pursuant to County Home Rule Authority under the Georgia Constitution Article IX, Se II, the Board of Commissioners has before it a proposal to amend House Bill 610, G. laws 1977, page 2817 an amendment to same by Home Rule on April 22, 1980 to a new section known as Section 13(e) Personnel Rules and Regulations. The proposed amendment is on file in the office of the Clerk of the Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. The proposal deals with certain amendments to the personnel rules and regulation affecting the employees, officers and agents to Rockdale County. This Notice is intended as only a synopsis of the proposed amendment. Your attention is invited to the complete copy of file in the Rockdale County Clerk of Superior Court office, Room 204, Rockdale County Courthouse. JEAM F. HAMBRICK Administrative Assistant Board of Commissioners

Page 5349

3tcAug31,S7,14thurs Sworn to and subscribed before me this 26th day of September, 1989. /s/ Margaret H. May Notary Public, Newton County, Georgia My Commission Expires May 18, 1993 Filed in the Office of the Secretary of State October 2, 1989. DEKALB COUNTY DEKALB COUNTY PENSION BOARD; BENEFICIARIES OF EMPLOYEES OR VESTED TERMINATED EMPLOYEES WHO DIE. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR AN IMMEDIATE BENEFIT FOR 10 YEARS CERTAIN TO THE BENEFICIARY OF AN EMPLOYEE OR VESTED TERMINATED EMPLOYEE WHO DIES AFTER 10 YEARS OF SERVICE BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows:

Page 5350

I. By deleting Paragraph 8.A. (1) of Section 8 in its entirety and substituting in lieu thereof the following: 8.A.Death Benefit: (1) Prior to Retirement: If a participant who has not retired dies prior to ten (10) years' service, his beneficiary shall receive a lump sum benefit equal to the participant's contribution, plus interest. If a participant who has not retired dies after ten (10) years' or more of service, the participant's beneficiary shall receive one hundred twenty (120) monthly payments in an amount equal to the monthly payment the participant would have been entitled to receive had he been qualified to take and had taken early retirement as of the date of his death. The computation of such monthly benefit shall include, without limitation, the reduction applicable in computing early retirement benefits of one-eighth per centum (1/8%) for each complete month, if any, by which his date of death precedes his normal retirement date. Nothing contained herein shall be construed to authorize early retirement for any participant under age 50, or otherwise, except in strict accordance with the provisions of this section 2.308 governing early retirement. The benefits described in this paragraph shall be in lieu of any termination benefit under this section 2.308. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.

Page 5351

IV. This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. V. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 24th day of October 1989, and again on the 14th day of November 1989, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public. VII. The provisions of this Ordinance are effective retroactive to July 1, 1987. ADOPTED by the DeKalb County Board of Commissioners, this 14th day of November 1989. /s/ Robert E. Lanier Presiding Officer Board of Commissioners DeKalb County, Georgia

Page 5352

APPROVED by the Chief Executive Officer of DeKalb County, this 20th day of November 1989. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on October 24, 1989 and on November 14, 1989. This 21st day of November 1989. /s/ David W. Joyner DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia

Page 5353

Sworn to and subscribed before me this 21st day of November, 1989. /s/ Jeannie G. Silvey Notary Public, Gwinnett County, Georgia My Commission Expires Oct. 9, 1990 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, Publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of October 19, October 26, and November 2, 1989. /s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News Sworn to and subscribed before me this 2nd day of November, 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on October 24, 1989, and November 14, 1989, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, so as to further amend said act to provide for an immediate benefit for 10 years certain to the beneficiary of an employee or vested terminated employee who dies after 10 years of service, and for other purposes.

Page 5354

The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public. This 9th day of October 1989. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 34-38328, 10/19-11/2 Filed in the Office of the Secretary of State December 1, 1989.

Page 5355

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

Page 5357

CITY OF FITZGERALD REVENUE BONDS; FITZGERALD WATER, LIGHT, AND BOND COMMISSION; PAYMENTS. ORDINANCE NUMBER 1118 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF FITZGERALD BY STRIKING SECTION 119 OF SUBPART A AND ENACTING A NEW SECTION 119 WHICH ESTABLISHES THE INTENT OF SECTION 119, AND ALL OTHER PROVISIONS OF THE CHARTER OF THE CITY OF FITZGERALD, TO BE IN CONFORMITY WITH THE PROVISIONS OF THE REVENUE BOND LAW OF THE STATE OF GEORGIA, AND WHICH CLARIFIES AND REDEFINES THE FORMULA FOR CALCULATING THE PAYMENT WHICH THE FITZGERALD WATER, LIGHT AND BOND COMMISSION SHALL MAKE EACH YEAR TO THE CITY OF FITZGERALD; TO PROVIDE FOR THE REPEAL OF ANY CHARTER PROVISIONS IN CONFLICT HEREWITH; TO PROVIDE FOR THE SEVERABILITY OF THIS ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia, as hereinafter set forth; NOW, THEREFORE, the Mayor and Council of the City of Fitzgerald, Georgia, do hereby enact this ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, as follows, to-wit: Section 1. Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, SEction 119, as amended, relating to profits from the operation of public utilities use in making repairs, improvements, additions, and restrictions, is hereby stricken in its entirety, and there is hereby enacted a new Section 119 which shall provide as follows: Section 119. Issuance of Revenue Bonds; Profits from operation of public utilities, use in making repairs, improvements, additions; restrictions.

Page 5358

(1) This Section 119 and other provisions of the Charter Laws of the City of Fitzgerald are intended to be in conformity with the provisions of the Revenue Bond Law, O.C.G.A. 36-82-60 et seq. , as it may be amended from time to time, so as to permit the City and the Water, Light and Bond Commission to effect a lien on and pledge of the revenues from the operations of the combined electrical distribution facilities, gas distribution facilities and water and sewerage facilities under the management and control of the commission and the City, as they now exist and as they may hereafter be added to, extended and improved (the Combined System). The City and the Commission, at all times during which the City shall have outstanding any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, as it may be amended from time to time (hereinafter referred to collectively as Undertakings), may, notwithstanding any provision hereof, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, on such bonds, the funding and maintaining of any required bond reserve fund in connection therewith, and the payment of reasonable and necessary costs of operating, maintaining and repairing the Combined System, including salaries, wages, payment of any contractual obligations incurred pertaining to operation, the cost of materials and supplies, rentals on leased property, real or personal, insurance, and such other charges as may properly be made for the purpose of operating, maintaining and repairing said Combined System in accordance with sound business practice, but without provision for depreciation, the revenues of said Combined System, all in accordance with the provisions of the Revenue Bond Law. In order to effect any such pledge of revenues, the City and the Commission shall comply with any provisions relating to such pledge contained in any ordinance or resolution adopted by the City and the Commission with respect to revenue bonds issued to finance any such Undertaking, and such provisions shall be deemed to constitute a contract among the City, the Commission and the holders of such revenue bonds as provided in the Revenue Bond Law. (2) subject to the foregoing paragraph of this Section 119, the City and the Commission shall calculate, allocate and apply revenues of the Combined System as follows: (a) The Commission shall determine the total amount of its gross revenues, which is defined as the gross receipts

Page 5359

received from the operation of the Combined System, but excluding income from interest, rent, and income from the sale of capital assets. (b) During the year 1989, six (6%) percent of the gross annual revenues as defined in paragraph (a) hereof, shall be paid by said Commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City and used by the Mayor and Council thereof. (c) During the year 1990 and each year thereafter, eight (8%) percent of the gross annual revenues as defined in paragraph (a) hereof, shall be paid by said Commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City and used by the Mayor and Council thereof. (d) The amount of money paid by the Commission to the Treasurer of the City of Fitzgerald shall be subject to any pledge of revenues of the Combined System contained in any ordinance or resolution adopted by the City and the Commission with respect to the issuance of revenue bonds. (e) Such payments by the said Commission to the City as described herein shall be made monthly, based upon the reasonable estimation by the Commission as to its annual expenses and income, and the payment for each year shall be adjusted upon receipt of the annual audit, if necessary, so that the total payments made to the City shall be as provided in this Section. Section 2. The provisions of this Ordinance shall be effective upon the approval by the Mayor after its second adoption. Section 3. If any Section of this Ordinance, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of first adoption: 12/26/88 Passed by the following vote: Yes 6 No 0 Date of second adoption: 1/9/89

Page 5360

Passed by the following vote: Yes 8 No 0 Approved: /s/ Gerald H. Thompson Mayor /s/ Attest: Louise Guardia The undersigned does hereby certify that she is the duly elected and acting Clerk of the Mayor and Council of the City of Fitzgerald and that the within and foregoing is a true and correct copy of amendment to charter laws of the City of Fitzgerald. In Witness Whereof the undersigned has hereunto set her hand and affixed the seal of the City of Fitzgerald on this the 19th day of January, 1989. /s/ Louise Guardia, Clerk (SEAL) GEORGIA, BEN HILL COUNTY. The undersigned affiant after being first duly sworn on oath states as follows: (1) My name is Gerald W. Pryor and I am Editor and Publisher of the Herald-Leader, the newspaper in which sheriff's advertisments for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge and I am competent to testify to the matters stated herein. (2) attached hereto is a true and correct copy of a notice which was published in the Herald-Leader once a week for three consecutive weeks beginning December 21, 1988, in respect to Ordinance No. 1118 which ordinance was given final approval on January 9, 1989.

Page 5361

/s/ Gerald W. Pryor Gerald W. Pryor Sworn to and subscribed before me this 19th day of January, 1989. /s/ Theresa K. Griffin Notary Public, Ben Hill County, GA My com. expires: 6-4-90 Date of Notarization: 1-19-89 NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF FITZGERALD Notice is hereby given that the Mayor and Council of the City of Fitzgerald shall consider and act upon a proposed amendment to the Charter of the City of Fitzgerald at two regular consecutive meetings. A synopsis of said proposed amendment is as follows: Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, will be amended by specifying that that section and all other provisions of the Charter are intended to be in conformity with the Revenue Bond Law, to provide that the City of Fitzgerald and the Fitzgerald Water, Light Bond Commission shall, at all times during which the City of Fitzgerald has outstanding any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, and the funding and maintaining of any required bond reserve fund in connection therewith, the combined revenues from the operations of all facilities, public works and utilities and to make certain changes in the formula for calculating the payments which the Fitzgerald Water, Light Bond Commission shall pay to the general fund of the City of Fitzgerald. A copy of the proposed amendments is on file in the office of the Clerk of the City of Fitzgerald and a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County for the purpose of examination and inspection by the

Page 5362

public. The Clerk of the City of Fitzgerald will furnish anyone, upon written request, a copy of said proposed agreement. Louise Guardia, City Clerk (12/21, 28, 1/4) Filed in the Office of the Secretary of State January 23, 1989. CITY OF ATLANTA MANDATORY RETIREMENT. AN ORDINANCE BY FINANCE COMMITTEE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA BY DELETING SECTION 3-506 AND INSERTING A NEW SECTION IN LIEU THEREOF TO ABOLISH MANDATORY RETIREMENT OF EMPLOYEES, BASED ON AGE, AND TO WAIVE CERTAIN VESTING PENALTIES RELATING TO EMPLOYEE PENSIONS AND REVOKE CERTAIN PENSION LAWS RELATING TO THE FOREGOING. WHEREAS, by Federal Public Law 99-592 mandatory retirement, based on age, has been abolished, except in certain instances where bona fide occupational qualifications may exist; and, WHEREAS, the City desires to abolish mandatory retirement, based on age, as to all its employees; NOW THEREFORE, be and it is hereby resolved that: Section 1: The Charter of the City of Atlanta is amended by striking in its entirety Section 3-506, Compulsory Retirement, policemen firemen , and inserting in lieu thereof, the following: Section 3-506, Retirement; Waiver of Penalties

Page 5363

(a) No employee of the City shall be required to retire from employment with the City, based upon the age of any such employee. (b) Any employee of the City who has completed at least five years of service with the City and who retires under any pension plan covering City employees shall be entitled to retire upon attaining sixty-five years of age without the application of any vesting penalties which may be set forth under any such pension plan. Section 2. A copy of this proposed amendment to the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq. approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that the Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto as Exhibit A and by reference, made a part hereof, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3. All charter provisions, ordinances or pension laws relating to employees of the City and subject to modification by the City, or parts thereof in conflict herewith, are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C. ADOPTED by City Council 1-17-89 APPROVED by the Mayor 1-24-89 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON

Page 5364

Personally appeared before me, the undersigned Notary Public, who after being duly sworn states under oath that she/he is the Legal Notice Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening) and The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution, (Saturday and Sunday) newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution in its editions of: Thurs., Dec. 29, 1988, Thursday, January 5, 1989 and Thursday, January 12, 1989. /s/ Patricia M. Boone Sworn to and subscribed before me, this 22d day of Feb., 1989. /s/ Bernadette Berry-McCoy Notary Public, Fulton County, Georgia My Commission Expires Dec. 27, 1992 ss: 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 City of Atlanta Charter amendment abolish mandatory retirement, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29th, 5th, 12th day of Dec. 1988 January 1989. /s/ Gerald W. Crane Co-Publisher /s/ (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 12th day of January 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL)

Page 5365

This 20th day of December, 1988. Larry M. Dingle Clerk of Council PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... ss: 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 City of Atlanta Charter amendment abolish mandatory retirement, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29th, 5th, 12th day of Dec. 1988 January 1989. /s/ Gerald W. Crane Co-Publisher /s/ (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 12th day of January 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL)

Page 5366

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to strike Article 3, Section 3-506 and insert, in lieu thereof, a new section abolishing mandatory retirement of City employees because of age and waiving certain penalties under City pension plans as to employees over 65 years of age; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 20th day of December, 1988. Larry M. Dingle Clerk of Council 34-27586,12/29-1/12 STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Earl Higgings, who, being first duly sworn, according to law, says that he is the Legal Ads 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 29th days of December, 1988, and on the 5, 12 days of January, 1989. As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 30th day of January, 1989

Page 5367

/s/ Dorothy Higgins Notary Public, Clayton County, Georgia My Commission Expires Jan. 14, 1991 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to strike Article 3, Section 3-506 and insert, in lieu thereof, a new section abolishing mandatory retirement of City employees because of age and waiving certain penalties under City pension plans as to employees over 65 years of age; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and Dekalb Counties, Georgia, for the purpose of examination and inspection by the public. This 20th day of December, 1988. Larry M. Dingle Clerk of Council Dec 29 1988 Jan 5 12 1989 Req-4 Filed in the Office of the Secretary of State March 1, 1989. CITY OF ATLANTA MAYOR; COMPENSATION ORDINANCE BY COUNCILMEMBER ROBB PITTS AN ORDINANCE ADOPTED UNDER AND BY THE VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS, 1965, p. 268 ET. SEQ.) AS

Page 5368

AMENDED, TO AMEND ARTICLE 3, CHAPTER 1, SECTION 3-104 OF THE CHARTER OF THE CITY OF ATLANTA, GEORIGA (GA. LAWS, 1973, p. 2188 ET. SEQ. APPROVED MARCH 16, 1973) AS AMENDED SO AS TO INCREASE COMPENSATION FOR THE OFFICE OF MAYOR, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows: SECTION 1: That Article 3, Chapter 1, Section 3-104, Compensation of the Charter of the City of Atlanta, Georgia, be and is hereby amended to read as follows: Section 2-104 Compensation The compensation for the Office of Mayor shall be $100,000 per annum. SECTION 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia, shall be filed in the Office of the Clerk of Council and in the offices of the Clerks of the Superior Court of Fulton County and the Superior Court of DeKalb County and that Notice of proposed amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the offical organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. SECTION 3: That this ordinance shall become effective January 1, 1990. SECTION 4: That all ordinances and parts of ordinances in conflict herewith be and are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C.

Page 5369

ADOPTED as amended by City Council 2-6-89 APPROVED by the Mayor 2-7-89 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn states under oath that she is the Legal Notice Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening) and The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution, (Saturday and Sunday) newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution in its editions of: Thursday, January 19, 1989; Thursday, January 26, 1989; Thursday, February 2, 1989. /s/ Patricia M. Boone Sworn to and subscribed before me, this 22d day of Feb, 1989. /s/ Bernadette Berry-McCoy Notary Public, Fulton County, Georgia My Commission Expires Dec. 27, 1992 EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to change Section 6-101 (g) and insert, in lieu thereof, a new subparagraph (g) and add a new subparagraph (h) to clarify prohibitions against the City of Atlanta to assess, levy and impose taxes against public property and confirming the City's authority to charge fees for actual services rendered in connection with such public properties; to repeal conflicting ordinances; and for other purposes.

Page 5370

A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January, 1989. Larry M. Dingle Clerk of Council PUBLISHER'S CERTIFICATE STATE OF GEORGIA }ss: 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 City of Atlanta Change Section 6-101, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of January February 1989. /s/ Gerald W. Crane Co-Publisher /s/ Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 2nd day of February, 1989.

Page 5371

/s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL) EXHIBIT A Notice of Proposed Amendment To The Charter Of The City of Atlanta Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to change Section 6-101(g) and insert, in lieu thereof, a new subparagraph (g) and add a new subparagraph (h) to clarify prohibitions against the City of Atlanta to assess, levy and impose taxes against public property and confirming the City's authority to charge fees for actual services rendered in connection with such public properties; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January, 1989 Larry M. Dingle Clerk of Council 94-28456, 1/19-2/2 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 Ads 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

Page 5372

in said paper on the 19, 26 days of Jan., 1989, and on the 2 days of Feb., 1989 As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 28 day of Feb., 1989 /s/ Kathy R. Pines Notary Public, Fulton County, Georgia My Commission Expires May 7, 1989 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended so as to change Section 6-101(g) and insert, in lieu thereof, a new subparagraph (g) and add a new subparagraph (h) to clarify prohibitions against the City of Atlanta to assess, levy and impose taxes against public property and confirming the City's authority to charge fees for actual services rendered in connection with such public properties; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January, 1988. LARRY M. DINGLE Clerk of Council Jan 10 26 Feb 2 1989req-7 Filed in the Office of the Secretary of State March 21, 1989.

Page 5373

CITY OF ATLANTA FEES FOR GARBAGE PICK-UP; EXEMPTION FROM TAX ASSESSMENTS. AN ORDINANCE BY FINANCE COMMITTEE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA BY DELETING SUBPARAGRAPH (g) OF 6-101 AND INSERTING A NEW SUBPARAGRAPH IN LIEU THEREOF AND TO ADD A NEW SUBPARAGRAPH (h) TO SAID 6-101 TO CLARIFY CHARGES THAT MAY BE IMPOSED AGAINST PUBLIC PROPERTY BY THE CITY OF ATLANTA; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the City of Atlanta is prohibited by Georgia Law from assessing and collecting taxes against public property; and WHEREAS, assessments, levies and taxes specified in subparagraph (f) of Section 6-101 of the Charter of the City of Atlanta may not be properly assessed or collected against such public property; and WHEREAS, the City of Atlanta desires to clarify its Charter provisions set forth in said Section 6-101 to exclude public property from assessments, levies and charges set forth in said subparagraph (f) thereof; NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA: Section 1. That subparagraph (g) of Section 6-101 of the Charter of the City of Atlanta is hereby deleted in its entirety and a new subparagraph (g) is inserted in lieu thereof to read as follows: (g) The governing body of the City of Atlanta in addition to being authorized to assess, levy and impose taxes for sanitary purposes, as set forth hereinabove in subparagraph (f), shall be authorized to charge fees for the collection, removal and/or disposal of all solid waste (except body wastes), ashes, street cleanings, dead animals, abandoned automobiles, and market and industrial wastes, such fees to be charged against the owners, or when not owner-occupied,

Page 5374

against the occupants, tenants or lessees of the premises from which the fee is collected, and from which such waste is removed and/or disposed. The amount of such fees may depend upon the amount, weight or volume of collections and whether collected from residential, commercial, industrial or other property. Section 2. That Section 6-101 of the Charter of the City of Atlanta is amended by adding thereto a new subparagraph (h) to read as follows: (h) All public property exempt from taxation by the City of Atlanta by law shall likewise be exempt from all assessments, levies and taxes specified under subpargraph (f), above. All fees for services charged against any such public property as specified in subparagraph (g), above, shall be due and payable when billed in due course by the City of Atlanta. Section 3. All charter provisions or ordinances or parts thereof in conflict herewith are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C. ADOPTED by City Council 2-6-89 APPROVED by the Mayor 2-7-89 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn states under oath that she is the Legal Notice Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening) and The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution, (Saturday and Sunday) newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under

Page 5375

oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution in its editions of: Thursday, January 19, 1989, Thursday, January 26, 1989 and Thursday, February 2, 1989 /s/ Patricia M. Boone Sworn to and subscribed before me, this 22d day of Feb., 1989. /s/ Bernadette Berry-McCoy Notary Public, Fulton County, Georgia My Commission Expires Dec. 27, 1992 EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to increase the compensation of the Office of Mayor of the City of Atlanta from $65,000 per annum to $100,000 per annum; to provide for publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January 1989. Larry M. Dingle Clerk of Council PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... } ss: COUNTY OF DEKALB.....

Page 5376

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 City of Atlanta Office of Mayor $65,000-$100,000 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of January February 1989. /s/ Gerald W. Crane Co-Publisher /s/ (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 2nd day of February 1989 /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL) EXHIBIT A Notice of Proposed Amendment To The Charter Of The City Of Atlanta Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to increase the compensation of the Office of Mayor of the City of Atlanta from $65,000 per annum to $100,00 per annum; to provide for publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and

Page 5377

in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January, 1989. Larry M. Dingle Clerk of Council 34-28457,1/19-2/2 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 Ads 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 19, 26 days of Jan., 1989, and on the 2 days of Feb., 1989 As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 28 day of Feb., 1989 /s/ Kathy R. Pines Notary Public, Fulton County, Georgia My Commission Expires May 7, 1989 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to increase the compensation of the Office of Mayor of the City of Atlanta from

Page 5378

$65,000 per annum to $100,000 per annum; to provide for publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 5th day of January, 1989. LARRY M. DINGLE Clerk of Council Jan. 19 26 Feb 2 1989req-7 Filed in the Office of the Secretary of State March 21, 1989. CITY OF ALBANY STREET IMPROVEMENTS. AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO AUTHORIZE ASSESSMENT OF TWO-THIRDS OF THE COST OF ALLEY PAVING AGAINST THE ABUTTING PROPERTY OWNERS; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk

Page 5379

BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: SECTION 1. Section 33 of the Charter of the City of Albany entitled Street Improvements, etc. is hereby amended by repealing the first four paragraphs of Section (A) and ordaining in lieu thereof the following: (A) Paving or repairing streets, sidewalks, alleys, or ways; construction of street lights, specifications; costs; payment of assessments. In addition to all other power and authority vested in it under existing law, the City of Albany shall have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage any of the streets or ways of the city, except alleys, and to repair, regrade, recurb, and/or remacadamize the pavement, curbing, grade or drainage, now existing or hereafter constructed, of any of said streets or ways, except alleys, and to assess fifty percent (50%) of the cost of the same against the owners of the property abutting on each of said streets and ways, one-fourth (1/4) of the cost of same against each of said owners on each side, according to the frontage owned by them thereon, the remaining fifty percent (50%) of the cost to be paid by the City of Albany. The City of Albany shall likewise have the power and authority by ordinance to grade, pave, macadamize, curb or otherwise improve for travel or drainage any of the alleys of the city, and to repair, regrade, recurb and/or remacadamize the pavement, curbing, grade or drainage now existing or hereafter constructed, of any of the alleys of the city and to assess two-thirds (2/3) of the cost of same against the owners of the property abutting on said alley, one-third (1/3) of the cost of same against each of the owners on each side, according to the frontage owned by them on said alley, the remaining one-third (1/3) of the cost to be paid by the City of Albany. Before the board of [city] commissioners shall adopt any ordinance providing for any of said improvements where part of the cost is to be assessed against the property owner as above provided, written notice of the date, time and place of the meeting of the public works committee of the board of [city] commissioners at which the proposed improvement project will be considered shall be given

Page 5380

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. Such notice shall be sent by certified mail, return receipt requested. If the ordinance providing for such improvements shall receive the unanimous vote of the board of [city] commissioners the consent of property owners shall not be required as a condition to performing any of such grading, paving, macadamizing, curbing, repairing, regrading, recurbing, remacadamizing, or otherwise improving said streets, alleys, or ways, or the assessment of property owners for part 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 percent (51%) or more of the property owners to be assessed shall be required. In determining whether the requisite fifty-one percent (51%) or more of the property owners to be assessed has been obtained, an affirmative expression of such consent must be received in writing, signed by the property owner. In lieu of using the actual cost of the work, the board of commissioners may by ordinance approve not less often than annually an estimated cost, and provide for the utilization of such estimated cost in lieu of actual cost in making assessments against property owners for all street or alley improvements done pursuant to street or alley improvement ordinances passed during, but no later than, the twelve (12) months immediately following adoption of said estimated cost, the remaining actual cost to be paid by the City of Albany. Such estimated cost shall be determined on the basis of the actual cost of similar work assessed during the twelve (12) months immediately preceding the adoption of such estimated cost, adjusted to reflect any increase or decrease in the cost of material and labor which may reasonably be anticipated. SECTION 2. Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. This ordinance shall not apply to any alley paving project approved prior to the effective date hereof.

Page 5381

SECTION 3. 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: February 28, 1989 Adopted: March 16, 1989 AFFIDAVIT OF PUBLICATION GEORGIA, DOUGHERTY COUNTY Personally appeared before the undersigned, an officer, authorized to administer oaths, Polly Buckner, who being sworn, says that (s) he is an Agent of The Albany Herald Publishing Company, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Calhoun County, and Baker County, and that the advertisement of Notice of Home Rule Ordinance Alley Paving Assessment, A TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for February 16, 23, and March 2, 1989. /s/ Polly Buckner Sworn to and subscribed before me at Albany, Georgia, this 23rd day of March, 1989. /s/ Tina S. Hamby Notary Public My Commission Expires January 11, 1992.

Page 5382

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 authorize assessment of two-thirds of the cost of alley paving against the abutting property owners. 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 Filed in the Office of the Secretary of State March 27, 1989. February 16, 23, March 2, 1989 CITY OF GAINESVILLE COMMISSION REDESIGNATED AS COUNCIL; COMMISSIONERS REDESIGNATED AS COUNCIL MEMBERS. Resolution to initiate the process to change Charter 2/21/89 Published 2/23/89 Published 3/02/89 Published 3/09/89 First Reading 3/21/89 Passed 4/04/89

Page 5383

HR 89-01 AN ORDINANCE AN ORDINANCE TO AMEND THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA SET OUT IN GEORGIA LAWS 1979, PAGES 3302 - 3372, INCLUSIVE, AND ALL ACTS AMENDATORY THEREOF, TO CHANGE THE TITLE OF THE GOVERNING BODY BY STRIKING FROM SAID CHARTER WHEREVER IT APPEARS THE WORD COMMISSION AND INSERTING IN LIEU THEREOF THE WORD COUNCIL AND TO STRIKE FROM SAID CHARTER WHEREVER IT APPEARS THE WORD COMMISSIONER AND INSERTING IN LIEU THEREOF THE WORDS COUNCIL MEMBER AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-1, ET SEQ.; PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. The Charter of the City of Gainesville is hereby mended by striking from said Charter wherever it appears the word Commission and inserting in lieu thereof the word Council, so that all references to Commission are changed to Council. SECTION II. The Charter of the City of Gainesville is hereby amended by striking from said Charter wherever it appears the word Commissioner and inserting in lieu thereof the word Council Member, so that all references to Commissioner are changed to Council Member. SECTION III. The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-35-1, et seq.

Page 5384

SECTION IV. This Ordinance shall become effective upon passage thereof by the City Commission. SECTION V. 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 Sherry R. Gray, 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 the Charter Laws of the City of Gainesville, Georgia are to be amended to change the title of the governing body by striking from the Charter wherever it appears the word Commission and inserting in lieu thereof the word Council and to strike from the Charter wherever it appears the word Commissioner and inserting in lieu thereof the words Council Member as authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Section 36-35-1, et seq.; 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: Feb. 23, 1989 March 2, 1989 March 9, 1989 THE TIMES /s/ By Sherry R. Gray Title Inside Class Sales

Page 5385

Sworn to and subscribed before me this 5th day of April, 1989. /s/ Joy E. McCain Notary Public, Hall County, Georgia My Commission Expires Feb. 20, 1993 (SEAL) AN ORDINANCE HR 89-01 An Ordinance to amend the Charter Laws of the City of Gainesville, Georgia set out in Georgia Laws 1979, pages 3302-3372, inclusive, and all acts amendatory thereof, to change the title of the Governing body by striking from said Charter wherever it appears the word COMMISSION and inserting in lieu thereof the word COUNCIL and to strike from said Charter wherever it appears the word COMMISSIONER and inserting in lieu thereof the words COUNCIL MEMBER as authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Annotated Section 36-35-1, ET SEQ.; 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. #108405 Feb. 23 March 02,09 Filed in the Office of the Secretary of State April 10, 1989.

Page 5386

CITY OF AUGUSTA RETIREMENT FUND; REAL ESTATE PURCHASES; PENSION FUND INVESTMENT COMMITTEE. ORDINANCE NO. 5525 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 COMMITTEE; APPLICATIONS FOR RETIREMENT OR RETURN OF CONTRIBUTIONS SO AS TO PROVIDE FOR THE SALE, TRANSFER, EXCHANGE AND ENCUMBRANCE OF REAL ESTATE PURCHASED WITH PENSION AND RETIREMENT FUNDS; TO INCREASE THE NUMBER OF INDIVIDUALS ON THE PENSION FUND INVESTMENT COMMITTEE SO AS TO INCLUDE THE CITY ADMINISTRATOR FOR THE CITY OF AUGUSTA AND THREE INDIVIDUALS FROM THE AUGUSTA BUSINESS COMMUNITY; 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 striking the same in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 71. Administration and investment of general retirement fund; pension fund investment committee; applications for retirement or return of contributions. The general retirement fund shall be kept in a separate account and a separate permanent record shall be kept by the comptroller of such fund and of the contributions of each employee thereto. No warrant shall be drawn upon such fund except as provided in this division. The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee,

Page 5387

which committee shall consist of the chief executive officer of the City, the comptroller of the City, the chairman of the finance committee of the City, the City Administrator and three individuals from the Augusta community to be appointed by the Mayor of the City of Augusta, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and in addition thereto, in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa) AA (Aa), or A(a), or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 56-1016 of the Code of Georgia of 1933, as amended by an Act approved March 8, 1960 (Ga.L.1960, pp. 289), 479). The amount of the pension fund which may be invested in the bonds and debentures of any one corporation may not exceed ten (10) percent of the total amount of such fund then outstanding. 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. Title to all property in the general retirement fund acquired with the pension and retirement funds shall be titled and held in the name of the Comptroller of the City Council of Augusta in his representative capacity as custodian of the said general retirement fund of the City Council of Augusta and his successors in office. No real property may be acquired with said funds or sold, transferred, exchanged, leased, mortgaged or conveyed as security for any indebtedness or otherwise encumbered without the prior approval of the pension fund investment committee and the Finance and Appropriations Committee of the City Council of Augusta. Any sale, transfer, exchange, lease or mortgage of any such real property shall be governed by the procedures provided by Georgia law applicable to other real property owned by municipalities within the State of Georgia. All deeds of conveyance, leases, mortgages, deeds of

Page 5388

trust, security deeds, and other documents transferring any interest in or otherwise encumbering any such property must be executed by the Comptroller in his representative capacity as aforesaid and shall be countersigned by the Mayor as chief executive officer of the City. Such execution shall constitute conclusive evidence that the document was executed in accordance with the provisions hereof. Withdrawals from the fund shall be made only by vouchers signed by the comptroller or deputy comptroller and countersigned by the chief executive of the City as designated by the City Council of Augusta. There shall be maintained in the office of the comptroller a record of the age, length of service and contributions of each future employee. All applications for retirement or the return of contributions shall be made in writing on forms prescribed by the comptroller and filed in his office. In the case of an application for retirement for disability the chief executive of the City as designated by the City Council of Augusta shall immediately designate a physician to examine the applicant and no such retirement shall be allowed unless the physician so appointed files with the chief executive of the City as designated by the City Council of Augusta his affidavit that he has examined the applicant and found him totally and permanently incapable of pursuing any gainful occupation; provided, that the applicant if aggrieved by the decision of the City's physician may designate a physician on his own part who together with the City's physician shall designate a third and the decision of the majority of said three (3) physicians shall be final. All applications for retirement shall be acted upon by the chief executive of the City as designated by the City Council of Augusta, the chairman of the finance and appropriations committee of the City and the comptroller of the City. The last named shall be the secretary of the committee and shall keep a careful record of all its proceedings. Upon certification by the secretary that a majority of the pension committee has determined that the applicant is entitled to retirement on a pension of a given amount the comptroller shall include his name on the pension list and

Page 5389

shall draw monthly vouchers for the payment of his pension. The City Council may adopt further reasonable rules and regulations for the purpose of carrying out the provisions of this division. (Laws 1949, p. 1070; Laws 1968, p. 2457; Laws 1975, p. 2936). Section II. 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 III. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the common seal thereof, this 3 17 day of April, 1989. Approved this 3 17 day of April, 1989. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA ATTEST: /s/ Rachel D. Brewer CLERK OF COUNCIL CERTIFICATE I, RACHEL D. BREWER, Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5525 adopted by the City Council of Augusta in meeting of the 3 17th day of April. /s/ Rachel D. Brewer CLERK OF COUNCIL

Page 5390

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 Mar 10, 1989, Mar 17, 1989, Mar 24, 1989, 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 24 day of March, 1989 /s/ Deborah K. Lowry My Commission Expires Sept. 13, 1992 Notary Public, Columbia County, Georgia PUBLIC NOTICE Notice is hereby given that there shall be introduced before CITY COUNCIL OF AUGUSTA, GEORGIA, on Monday, April 3rd, 1989, and again on Monday, April 17th, 1989, an ordinance to amend Section 71 of the Charter of the City of Augusta, Georgia,

Page 5391

titled Administration and Investment of General Retirement Fund; Pension Fund Investment Committee; Application for Retirement or Return of Contributions, so as to provide for the sale, transfer, exchange and encumbrance of real estate purchased with pension and retirement funds; to increase the number of individuals on the Pension Fund Investment Committee so as to include the City Administrator for the City of Augusta and three individuals from the Augusta business community; 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 6th day of March, 1989. PAUL H. DUNBAR, II City Attorney 1500 First Union Bank Building Augusta, Georgia 30910 March 10, 17th, 24th, 1989 Filed in the Office of the Secretary of State May 1, 1989. CITY OF FITZGERALD REVENUE BONDS; FITZGERALD WATER, LIGHT, AND BOND COMMISSION; PAYMENTS. ORDINANCE NUMBER 1121 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF FITZGERALD BY STRIKING SECTION 119 OF SUBPART A AND ENACTING A NEW SECTION 119 WHICH ESTABLISHES THE INTENT OF SECTION 119, AND ALL OTHER PROVISIONS OF THE CHARTER OF THE CITY OF FITZGERALD, TO BE IN CONFORMITY WITH THE PROVISIONS OF THE REVENUE BOND

Page 5392

LAW OF THE STATE OF GEORGIA, AND WHICH CLARIFIES AND REDEFINES THE FORMULA FOR CALCULATING THE PAYMENT WHICH THE FITZGERALD WATER, LIGHT AND BOND COMMISSION SHALL MAKE EACH YEAR TO THE CITY OF FITZGERALD; TO PROVIDE FOR THE REPEAL OF ANY CHARTER PROVISIONS IN CONFLICT HEREWITH; TO PROVIDE FOR THE SEVERABILITY OF THIS ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS, it is necessary and desirable to amend the Charter of the City of Fitzgerald, Georgia, as hereinafter set forth; NOW, THEREFORE, the Mayor and Council of the City of Fitzgerald, Georgia, do hereby enact this ordinance to amend the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, as follows, to-wit: Section 1. Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, SEction 119, as amended, relating to profits from the operation of public utilities use in making repairs, improvements, additions, and restrictions, is hereby stricken in its entirety, and there is hereby enacted a new Section 119 which shall provide as follows: Section 119. Issuance of Revenue Bonds; Pledge of Revenues; Determination of Gross Revenues; Payment to the City. (1) This Section 119 and other provisions of the Charter Laws of the City of Fitzgerald are intended to be in conformity with the provisions of the Revenue Bond Law, O.C.G.A. 36-82-60 et seq. , as it may be amended from time to time, so as to permit the City and the Water, Light and Bond Commission to effect a lien on and pledge of the revenues from the operations of the combined electrical distribution facilities, gas distribution facilities and water and sewerage facilities under the management and control of the commission and the City, as they now exist and as they may hereafter be added to, extended and improved (the Combined System). The City and the Commission, at all times during which the City shall have outstanding any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, as it may be amended from time to time (hereinafter referred to collectively as Undertakings), may, notwithstanding

Page 5393

any provision hereof, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, on such bonds, the funding and maintaining of any required bond reserve fund in connection therewith, and the payment of reasonable and necessary costs of operating, maintaining and repairing the Combined System, including salaries, wages, payment of any contractual obligations incurred pertaining to operation, the cost of materials and supplies, rentals on leased property, real or personal, insurance, and such other charges as may properly be made for the purpose of operating, maintaining and repairing said Combined System in accordance with sound business practice, but without provision for depreciation, the revenues of said Combined System, all in accordance with the provisions of the Revenue Bond Law. In order to effect any such pledge of revenues, the City and the Commission shall comply with any provisions relating to such pledge contained in any ordinance or resolution adopted by the City and the Commission with respect to revenue bonds issued to finance any such Undertaking, and such provisions shall be deemed to constitute a contract among the City, the Commission and the holders of such revenue bonds as provided in the Revenue Bond Law. (2) subject to the foregoing paragraph of this Section 119, the City and the Commission shall calculate, allocate and apply revenues of the Combined System as follows: (a) The Commission shall determine the total amount of its gross annual revenues, which is defined as the gross receipts received from the operation of the Combined System, but excluding income from interest, rent, sale of capital assets, and income from sale of electricity to any customer whose connected loan is 900 kilowatts or more and income from sale of natural gas to any one customer whose annual consumption is 34,000 MCF (MCF is abbreviation for thousand cubic feet) or more. (b) During the year 1989, six (6%) percent of the gross annual revenues as defined in paragraph (a) hereof, shall be paid by said Commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City and used by the Mayor and Council thereof.

Page 5394

(c) During the year 1990 and each year thereafter, eight (8%) percent of the gross annual revenues as defined in paragraph (a) hereof, shall be paid by said Commission to the treasurer of the City of Fitzgerald to be placed in the general funds of said City and used by the Mayor and Council thereof. (d) The amount of money paid by the Commission to the Treasurer of the City of Fitzgerald shall be subject to any pledge of revenues of the Combined System contained in any ordinance or resolution adopted by the City and the Commission with respect to the issuance of revenue bonds. (e) Such payments by the said Commission to the City as described herein shall be made monthly, based upon the reasonable estimation by the Commission as to its annual expenses and income, and the payment for each year shall be adjusted upon receipt of the annual audit, if necessary, so that the total payments made to the City shall be as provided in this Section. Section 2. The provisions of this Ordinance shall be effective upon the approval by the Mayor after its second adoption. Section 3. If any Section of this Ordinance, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Date of first adoption: March 27, 1989 Passed by the following vote: Yes 9 No 0 Date of second adoption: April 10, 1989 Passed by the following vote: Yes 8 No 0 Approved: /s/ Gerald A. Thompson Mayor /s/ Attest: Louise Guardia Clerk

Page 5395

The undersigned does hereby certify that she is the duly elected and acting Clerk of the Mayor and Council of the City of Fitzgerald and that the within and foregoing is a true and correct copy of Amendment to Charter Laws of the City of Fitzgerald. In Witness Whereof the undersigned has hereunto set her hand and affixed the seal of the City of Fitzgerald on this the 13th day of April, 1989. /s/ Elaine Pool Deputy Clerk (SEAL) GEORGIA, BEN HILL COUNTY. The undersigned affiant after being first duly sworn on oath states as follows: (1) My name is Gerald W. Pryor and I am Editor and Publisher of the Herald-Leader, the newspaper in which sheriff's advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge and I am competent to testify to the matters states herein. (2) Attached hereto is a true and correct copy of a notice which was published in the Herald-Leader once a week for three consecutive weeks beginning March 22, 1989, in respect to Ordinance No. 1121 which ordinance was given final approval on April 10, 1989. /s/ Gerald W. Pryor Gerald W. Pryor Sworn to and subscribed before me this 20th day of April, 1989. /s/ Therese K. Griffin Notary Public, Ben Hill County, GA. My com. expires: 6/4/90 Date of Notarization: 4/20/89

Page 5396

Notice of Proposed Amendment To Charter of the City of Fitzgerald Notice is hereby given that the Mayor and Council of the City of Fitzgerald shall consider and act upon a proposed amendment to the Charter of the City of Fitzgerald at two regular consecutive meetings. A synopsis of said proposed amendment is as follows: Section 119 of Subpart A of the Charter Laws of the City of Fitzgerald, Georgia, Georgia Laws 1914, Page 781, as amended, will be amended by specifying that that section and all other provisions of the Charter are intended to be in conformity with the Revenue Bond Law, to provide that the City of Fitzgerald and the Fitzgerald Water, Light Bond Commission shall, at all times during which the City of Fitzgerald has outstanding any revenue bonds for water, gas, electricity, sewerage or any other purpose permitted by the Revenue Bond Law, pledge to the punctual payment of such bonds, the interest thereon, the redemption premium, if any, and the funding and maintaining of any required bond reserve fund in connection therewith, the combined revenues from the operations of all facilities, public works and utilities and to make certain changes in the formula for calculating the payments which the Fitzgerald, Water, Light Bond Commission shall pay to the general fund of the City of Fitzgerald. A copy of the proposed amendment is on file in the office of the Clerk of the City of Fitzgerald and a copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Ben Hill County for the purpose of examination and inspection by the public. The Clerk of the City of Fitzgerald will furnish anyone, upon written request, a copy of said proposed amendment. Louise Guardia, City Clerk (3/22, 29, 4/5) Filed in the Office of the Secretary of State May 3, 1989.

Page 5397

CITY OF EAST POINT PUBLIC UTILITIES. HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga.L. 1965, p. 298, Section 3) TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF EAST POINT, GEORGIA APPROVED AUGUST 19, 1912 (Ga.L. 1912, p. 862, et seq. ), AND THE SEVERAL ACTS AMENDATORY THEREOF, IS HEREBY FURTHER AMENDED BY THE CREATION OF A PUBLIC WORKS DEPARTMENT; THE CREATION OF AN INSPECTION DEPARTMENT; THE CREATION OF AN ELECTRIC DEPARTMENT; THE CREATION OF A WATER FILTRATION DEPARTMENT; THE CREATION OF A DEPARTMENT OF PUBLIC UTILITIES; THE ESTABLISHMENT OF DUTIES FOR THE ABOVE; THE ESTABLISHMENT OF ADMINISTRATIVE PROCEDURES FOR THE ABOVE; THE REPEAL OF CONFLICTING LAWS AND ORDINANCES; AND OTHER PURPOSES AND MEASURES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME, THAT: Section 1. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq. ), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq. ), by striking the provisions of Section 4-106 (Ga.L. 1972, p. 2151, Section 69; Ga.L. 1974, p. 2497, Section 13) in its entirety and inserting in lieu thereof a new Section 4-106, which shall provide as follows: Sec. 4-106. Public Works Division The Public Works Division shall be a division of the Department of Public Utilities and shall have such personnel, powers, and duties as the City Manager shall provide for. Section 2. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912

Page 5398

(Ga.L. 1912, p. 862, et seq. ), and the several Acts amendatory thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq. ), by striking the provisions of Section 4-109 (Ga.L. 1972, p. 2151, Section 73; Ga.L. 1974, p. 2497, Section 13; Ord. No. 742-81, Section 2, 5-18-81) in its entirety and inserting in lieu thereof a new Section 4-109, which shall provide as follows: Sec. 4-109. Inspection Division The Department of Public Utilities shall have as one of its divisions an Inspection Division which shall be under the supervision of the Director of the Department of Public Utilities. The Inspection Department shall be headed by an Inspection Coordinator who shall be the immediate supervisor for all Inspection Department staff persons. Said staff persons shall consist of a Sanitation Inspector, an Electrical Inspector, a Plumbing Inspector, and a Business License Inspector. (a) The Inspection Coordinator shall be responsible for the day-to-day supervision of all staff persons in the Inspection Department and shall be directly responsible to, and under the direction and supervision of, the Director of the Department of Public Utilities. (b) The Inspection Coordinator shall hold regular meetings with all members of the Inspection Division to assess the Department's work schedule and to assess measures, means, and procedures to effectively and efficiently handle and coordinate the affairs of the Inspections Division. (c) The Inspection Coordinator shall be responsible for receiving all plans and specifications for review as they relate to physical improvements to structures within the corporate limits of the City. Any modifications, deviations, or the like, shall be forwarded directly to the Inspection Coordinator who shall then disseminate the appropriate plans and specifications to the various members of the Inspection Division as necessary. (d) In reviewing plans and/or specifications, the Inspection Coordinator shall, upon receiving any plans or specifications, sign same and indicate upon the face of the document the date same was received for review. The time frame in which review

Page 5399

of such plans and specifications will be made shall be established by the Inspection Coordinator. Upon review of such plans and specifications by the various Inspectors among the specialized areas of the Inspections Department, the approval per plan sheet shall be signed by the involved and consulted Inspector(s) and any rejection of the plan and/or plan document shall be provided to the Inspection Coordinator in writing. The Inspection Coordinator shall then forward the necessary review documents to the applicant. (e) If all members of the Inspection Division have approved a set of plans and/or specifications, their names and types of inspection must be specified on the plans and/or specifications. The Inspection Coordinator shall forward the signed forms, along with a memorandum, to the Director of the Department of Public Utilities indicating that the plans and specifications have been approved per signed review by the necessary staff persons of the Inspection Department. The memorandum must include a recommendation from the Inspection Department that the plans and/or specifications are recommended for approval or denial. (f) The Inspection Coordinator and the Director of the Department of Public Utilities, with the approval of the City Manager, may establish set policies and procedures whereby plans and/or specifications might be approved by the Inspection Coordinator without involvement by the Director of the Department of Public Utilities. (g) The Inspection Coordinator shall attend the Planning and Zoning Commission meetings. The Inspection Division and Engineering Staff of the Department of Public Utilities, along with the Director of the Department of Public Utilities, must review all plans for variances, rezoning, etc., that are submitted to the Planning and Zoning Commission. (h) At each meeting of the Planning and Zoning Commission, at least one member of the Department of Public Utilities Engineering Staff and the Inspection Coordinator shall be present. (i) There shall be a board known as the Board of Inspectors and Engineers which shall function under the immediate

Page 5400

supervision of the Inspection Coordinator and shall consist of the Sanitation Inspector(s), the Business License Inspector(s), the Electric Utilities Engineer(s)/Coordinator(s), and the Public Works Engineer(s). Each member shall take and subscribe to an oath before some officer, authorized by law to administer oaths, to faithfully and honestly discharge the duties of the City Engineer and City Building Inspector as stated in the Code of Ordinances of the City of East Point. Each member of the Board of Inspectors and Engineers shall remain on that board until he or she relinquishes his or her office or is otherwise removed from office by the City Manager or Director of the Department of Public Utilities. (j) The duties of the Board of Inspectors and Engineers shall be to review permits, building plans and specifications, matters to be considered by the Planning and Zoning Commission for presentation to the Mayor and City Council, and such like matters as may be stated in the Code of Ordinances of the City of East Point which the City Engineer or City Building Inspector may approve. (k) In reviewing documents for approval, the Inspection Coordinator shall, upon receiving any plans or specifications, sign same and indicate upon the face of the document the date same was received for review. The time frame in which review of such documents will be made shall be established by the Inspections Coordinator. Upon review of such documents by the various members of the Board of Inspectors and Engineers, the approval per plan sheet per specified area shall be signed by the involved and consulted members of the Board of Inspectors and Engineers and any rejection of the documents shall be provided to the Inspection Coordinator in writing. The Inspection Coordinator shall then forward the necessary review documents to the applicant. If such plans or specifications are rejected, an applicant may resubmit a corrected set of plans or specifications for another review by those Board members rejecting the previous documents. (l) Upon approval of the documents by each appropriate Board member(s), the Inspection Coordinator shall mark the completed set of documents with a stamp which reads, Approved by the Board of Inspectors and Engineers, and

Page 5401

then shall notarize the document(s) indicating the appropriate signatures have approved this set of documents. Section 3. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq. ), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq. ), by striking the provisions of Section 4-117 (Ga.L. 1972, p. 2151, Section 91; Ga.L. 1974, p. 2497, Section 16) in its entirety and inserting in lieu thereof a new Section 4-117, which shall provide as follows: Sec. 4-117. Electric Division The Electric Division shall be a division of the Department of Public Utilities and shall have such personnel, powers, and duties as the City Manager shall provide for. Section 4. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq. ), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth. Said charter of 1912 is hereby amended by adding thereto a new Section 4-118 which shall read as follows: Sec. 4-118. Water Filtration Division The Water Filtration Division shall be a division of the Department of Public Utilities and shall have such personnel, powers, and duties as the City Manager shall provide for. Section 5. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq. ), and the several Acts amendatory thereof, is hereby further amended as hereinafter set forth. Said charter of 1912 is hereby amended by adding thereto a new Section 4-119 which shall read as follows: Sec. 4-119. Department of Public Utilities. The Department of Public Utilities shall consolidate the Inspection Department, Electric Department, Water Filtration

Page 5402

Department, and Public Works Department as divisions of the Department of Public Utilities. (a) The Department of Public Utilities shall consist of a Director and such other officers and employees as the City Manager shall provide for. The Director of the Department of Public Utilities shall oversee the functions of the Inspection Division, Electric Division, Water Division, and Public Works Division and shall facilitate the needs of the Planning and Zoning Commission, Board of Inspectors and Engineers, and such other officers, employees, boards, departments, and divisions as the General Assembly, City Council, or City Manager shall provide for. The Director of the Department of Public Utilities shall assure the close coordination of services of the above and other departments and divisions as the need for such may arise. The Director of the Department of Public Utilities shall be responsible for or assist in the preparation of utility rules, regulations, and procedures; contracts; rates; bond issues; land acquisitions; and other such projects the City Manager may provide for; (b) Each division of the Department of Public Utilities shall have, as deemed necessary by the Director of the Department of Public Utilities, a supervisor responsible for the daily operations of each division and the coordination of services within the Department of Public Utilities and with the public. The supervisor of each division shall be required to attend a weekly staff meeting with the Director of the Department and other division supervisors to assure coordination within the Department; (c) Staff members shall consist of financial reports, personnel matters, crisis management, risk management, departmental forecasts, public relations, requests to be taken to the City governing authority, and such other items as may affect the coordination of divisions. Section 6. Severability. In the event any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect, as if the section,

Page 5403

subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional was 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 7. All charter provisions, ordinances, and parts of ordinances in conflict herewith are hereby expressly repealed. Section 8. This Ordinance shall become effective upon adoption. First Reading 4/17/89 Second Reading 5/1/89 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 1 day of May, 1989. /s/ Bruce L. Bannister BRUCE BANNISTER Mayor /s/ Attest: Evelyne K. Reeves Evelyne K. Reeves City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, EVELYNE K. REEVES, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with

Page 5404

respect to that Municipal Home Rule Ordinance adopted May 1, 1989, I have in 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 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 Major and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended. This 1 day of May, 1989. /s/ Evelyne K. Reeves Clerk, City of East Point Sworn to and subscribed before me this 1st day of May, 1989. /s/ Jo A. McNorton Notary Public, Fulton County, Georgia My Commission Expires Jan. 23, 1990 TO WHOM IT MAY CONCERN: I, EVELYNE K. REEVES, City Clerk of the City of East Point, do hereby certify that I am the keeper of the seal, minutes, and records of said City; and 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 City Clerk of the City of East Point, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of the City this the 1 day of May, 1989.

Page 5405

/s/ Evelyne K. Reeves EVELYNE K. REEVES City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... } ss: 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 13, 20, 27th days of April, 1989. /s/ Gerald W. Crane, Publisher (by) 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 27th day of April, 1989. /s/ Dave Hamrick Notary Public My commission expires March, 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 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, so as to provide for the creation of a Public Works Department; for the creation of an

Page 5406

Inspection Department; for the creation of an Electric Department; for the creation of a Water Filtration Department; for the creation of a Department of Public Utilities, for the establishment of duties for same, for the establishment of administrative procedures for same, for the repeal of 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, 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, April 3, 1989, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday May 1, 1989. Evelyne K. Reeves City Clerk 8123, 4/13-4/27 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS who, being duly sworn, according to law, says that HE is the LEGAL ADS 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 13, 20, 27 day(s) of APRIL, 1989, and on the days of, 19, As provided by law.

Page 5407

/s/ Earl Higgins Subscribed and sworn to before me this 28 day of APRIL, 1989 /s/ Frances K. Beck Notary Public, Fulton County, Georgia. My Commission Expires April 12, 1993 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 on Ordinance to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, so as to provide for the creation of a Public Works Department; for the creation of an Inspection Department; for the creation of an Electric Department; for the creation of a Water Filtration Department; for the creation of a Department of Public Utilities, for the establishment of duties for same, for the establishment of administrative procedures for same, for the repeal of conflicting laws and ordinances, and for the 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, April 3, 1989, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday, May 1, 1989.

Page 5408

EVELYNE K. REEVES City Clerk Apr 13 20 27 1989-2 Filed in the Office of the Secretary of State May 12, 1989. CITY OF ATLANTA COMPENSATION OF COUNCILMEMBERS AND PRESIDENT OF COUNCIL. A SUBSTITUTE ORDINANCE BY COMMITTEE ON COUNCIL AN ORDINANCE ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1985 (GA. LAWS, 1965, P. 298 ET. SEQ.) AS AMENDED, TO AMEND ARTICLE 2, CHAPTER 1, SECTION 2-104 AND CHAPTER 1, SECTION 2-203, OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS, 1973, P. 2188 ET. SEQ., APPROVED MARCH 16, 1973) AS AMENDED SO AS TO INCREASE COMPENSATION FOR MEMBERS OF COUNCIL AND THE PRESIDENT OF COUNCIL; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the compensation for councilmembers has not changed since May 20, 1985, and WHEREAS, a raise in compensation will apply to the Members of Council beginning in 1990, and WHEREAS, if the compensation is not changed this year it cannot be changed for the next four years, and WHEREAS, The Atlanta Chamber of Commerce has recommended that Councilmembers rate of compensation be raised and this charter amendment seeks to implement the Chamber recommendations.

Page 5409

THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA as follows: SECTION 1: That Article 2, Chapter 1, Section 2-104, Compensation of the Charter, be amended to read as follows: Section 2-104 Compensation The Compensation for the Office of Councilmember shall be $22,000 per annum. SECTION 2: That Article 2, Chapter 1, Section 2-203, Compensation of the Charter, be amended to read as follows: Section 2-203 Compensation The compensation for the Office of President of Council shall be $25,000 per annum. SECTION 3: That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. Laws, 1973, p. 2188, approved March 16, 1983), as amended shall be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Court of Fulton County and Dekalb County and that Notice of proposed amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A, and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. SECTION 4: That this ordinance shall not become effective until January 2, 1990. SECTION 5: That all ordinances or parts of ordinances in conflict are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C.

Page 5410

ADOPTED by City Council 3-20-89 APPROVED by the Mayor 3-28-89 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... } ss: 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 City of Atlanta Charter Amendment salary $22,000.00 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 2, 9, 16th day of March 1989. /s/ Gerald W. Crane Co-Publisher (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 16th day of March 1989 /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL) NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973,

Page 5411

p. 2188, approved March 16, 1973), as amended, so as to amend Article 2, Chapter 1, Sections 2-104 and 2-203 so as to provide that the salary of councilmembers be increased to $22,000 per annum and that the president of council's salary be increased to $25,000 per annum; to repeal conflicting ordinances and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public. This the 24th day of February, 1989. Larry M. Dingle Clerk of Council 34-29891,3/2-3/16 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Earl Higgins who, being duly sworn, according to law, says that he is the Legal Advertising Manager of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 2, 9, 16 day(s) of March, 1989, and on the days of , 19, As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 3rd day of May, 1989 /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993

Page 5412

NOTICE EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article 2, Chapter 1, Sections 2-104 and 2-203 so as to provide that the salary of councilmembers be increased to $22,000 per annum and that the president of council's salary be increased to $25,000 per annum; to repeal conflicting ordinances and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public. This the 24th day of February, 1989. Larry M. Dingle Clerk of Council Mar 2, 6, 16 1989 Req. 2 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the March 2, 9, and 16, 1989 issue of the Atlanta Constitution.

Page 5413

/s/ LaMarva E. Ivory LaMarva E. Ivory Sworn to and subscribed before me, this 6th day of April, 1989. /s/ Julia Santos Notary Public, Fulton County, Georgia My Commission Expires Oct. 28, 1990 Filed in the Office of the Secretary of State May 16, 1989. CITY OF ARAGON COMPENSATION OF MAYOR AND CITY COUNCIL. THE CITY OF ARAGON AN ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ARAGON WHEREAS, the Charter for the City of Aragon, as amended, (Georgia Law 1971, p. 3770) provides that the compensation for the Mayor and each member of the City Council shall be set by the Mayor and City Council not to exceed a maximum of $100.00 per month for the Mayor and $50.00 per month for each member of the City Council; and WHEREAS, it is the desire of the Mayor and City Council to raise the compensation of the Mayor and the members of the City Council; and WHEREAS, Section 36-35-4 of the Official Code of Georgia provides that the governing authority of each municipal corporation is authorized to fix the compensation of the members of its municipal governing authority; and

Page 5414

WHEREAS, notice was published in the Rockmart Journal and Cedartown Standard once a week for three consecutive weeks immediately preceding the week of March 20, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL FOR THE CITY OF ARAGON, AND IT IS HEREBY ORDAINED AND ESTABLISHED BY SAID AUTHORITY AS FOLLOWS: 1. Section 6 of the Charter for the City of Aragon is hereby amended so that said section shall read as follows: Section 6. The compensation of the Mayor shall be set by the Mayor and City Council not to exceed a maximum of $150.00 per month. The compensation of the City Council shall likewise be set by the Mayor and City Council not to exceed $75.00 per month, each. The Mayor and Councilmen shall not be paid for attending council meetings unless they are present at such meeting. 2. The compensation of the Mayor is hereby set to be $150.00 per month, effective January 1, 1990, in accordance with Section 36-35-4 of the Official Code of Georgia. 3. The compensation of the City Council is hereby set to be $75.00 per month, each, effective January 1, 1990, in accordance with Section 36-35-4 of the Official Code of Georgia. ALL LAWS OR PARTS OF LAWS IN CONFLICT HEREWITH ARE HEREBY REPEALED. Adopted and approved, this 20th day of March, 1989. /s/ Frank Rayburn Mayor, City of Aragon, Georgia

Page 5415

APPROVED: /s/ Lori Baldwin Clerk, City of Aragon CITY OF ARAGON, GEORGIA. I, LORI BALDWIN, the Clerk for the City of Aragon, Georgia, do hereby certify that Exhibit A attached hereto is a true and correct copy of an ordinance concerning Section 6 of the Charter for the City of Aragon which fixes the compensation of members of the City Council and the Mayor. This 17th day of April, 1989. /s/ Lori A. Baldwin LORI BALDWIN, Clerk City of Aragon NOTICE OF INTENT Notice is hereby given that action will be taken at the regular March meeting of the City Council for the City of Aragon to amend the act creating a new charter for the City of Aragon (Georgia Law 1971, p. 3770) so as to authorize that the compensation of the Mayor not exceed a maximum of One Hundred Fifty Dollars ($150.00) per month, to authorize that the compensation of the City Council Members not exceed Seventy-Five Dollars ($75.00) per month, and for other purposes. This 1st day of March, 1989. /s/ Frank Rayburn Mayor, City of Aragon AFFIDAVIT OF PUBLICATION State of Georgia, } ss: County of Polk

Page 5416

I David Royal do solemnly swear that I am the Editor of THE CEDARTOWN STANDARD, published at Cedartown, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice of Intent was inserted in THE CEDARTOWN STANDARD in space of Legals on dates as follows: March 2, 9, and 16, 1989. Subscribed and sworn to before me /s/ David Royal This 23rd day of March 1989 /s/ Emily Jeanette Weaver Notary Public NOTICE OF INTENT Notice is hereby given that action will be taken at the regular March meeting of the City Council for the City of Aragon to amend the act creating a new charter for the City of Aragon (Georgia Law 1971, p. 3770) so as to authorize that the compensation of the Mayor not exceed a maximum of One Hundred Fifty Dollars ($150.00) per month, to authorize that the compensation of the City Council Members not exceed Seventy-Five Dollars ($75.00) per month, and for other purposes. This 1st day of March, 1989. /s/ Frank Rayburn Mayor, City of Aragon March 2, 9, and 16, 1989 #64 Filed in the Office of the Secretary of State June 5, 1989.

Page 5417

CITY OF THOMASVILLE STREET PAVING ASSESSMENTS. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE, WHICH WAS ESTABLISHED BY AN ACT APPROVED OCTOBER 3, 1889, ENTITLED AN ACT TO INCORPORATE THE TOWN OF THOMASVILLE AS THE CITY OF THOMASVILLE, (GA. LAWS 1888-1889, PAGES 854-864, INCLUSIVE), AS AMENDED BY SEVERAL SUBSEQUENT ACTS, BY AMENDING SUBPARAGRAPH (A) OF SECTION 91 OF ARTICLE XV OF THE CHARTER, AS CODIFIED, SECTION 91 BEING CAPTIONED STREET IMPROVEMENTS AUTHORIZED, ASSESSMENTS, ORDINANCE, PRESUMPTION OF ACCEPTANCE, ASSESSMENT OF ABUTTING REAL ESTATE, PUBLIC PROPERTY, LIEN, WHEN AND HOW PAYABLE, INSTALLMENT OPTION, SO AS TO ADD BY ORDINANCE A METHOD FOR THE ASSESSMENT OF SECOND STREET PAVING COSTS ON CORNER LOT AND TO PROVIDE THAT THIS ORDINANCE SHALL IN NO WISE CHANGE THE EXISTING CHARTER OR FORM OF GOVERNMENT OF THE CITY OF THOMASVILLE IN ANY MANNER, EXCEPT AS TO THAT MATTER DESCRIBED ABOVE; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. The Board of Commissioners of the City of Thomasville, having been made aware in a number of instances that certain inequities may take place in connection with assessments for street paving costs on corner lots, particularly in situations where a corner lot has been assessed already one time as a part of a street paving project and is subject to a second street paving project on the other street on which the lots abuts, has caused the city engineer and city attorney to conduct a study into the problems. A thorough and exhaustive study on the subject has been carried out, and the findings therefrom have been communicated to the Board of Commissioners. After extensive discussion and due deliberation, the Board of Commissioners has determined that some relief should be afforded to the owners of corner lots which are the subjects of second street paving assessments.

Page 5418

SECTION I THEREFORE, BE IT ORDAINED BY THE Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the City of Thomasville, (Ga. Laws 1888-1889, Pages 854-864, Inclusive), as amended by several subsequent acts, be, and the same is hereby amended by adding a paragraph to subparagraph (a) of Section 91, captioned Street Improvements Authorized, Assessments, Ordinance, Presumption of Acceptance, Assessment of Abutting Real Estate, Public Property, Lien, When and How Payable, Installment Option, of Article XV, caption Street Improvements, such new paragraph to read as follows: A corner lot, which is the subject of a second street paving assessment, one street on which the lot abuts having already been paved pursuant to the provisions of this article and one-third the cost thereof having been assessed against the lot, shall be assessed only for such footage of the lot abutting the second street so paved as shall be in excess of seventy-five feet. Under such circumstances, the assessable frontage for the street improvement project will be the total of the collective abutting real estate on the street to be improved less the corner lot footage to which this provision is applicable. Provided, however, that the requirements of this section applicable to railway companies' rights of way shall remain in effect. Provided further, that in determining the majority in frontage of the owners of any block for which a petition for paving has been received as contemplated in Section 90, above, only that frontage of a corner not assessable shall be counted. SECTION II BE IT FURTHER ORDAINED that the provisions of this Ordinance shall become effective on and after July 1, 1989. SECTION III BE IT FURTHER ORDAINED that all portions of the Charter or amendments thereto or all Ordinances in conflict herewith be and the same are hereby repealed.

Page 5419

SECTION IV BE IT FURTHER ORDAINED that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect. SECTION V BE IT FURTHER ORDAINED that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Incorporated, and that the corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance. This ordinance was introduced and read at a lawful meeting of the Board of Commissioners of the City of Thomasville held April 10, 1989, and read the second time, passed, and adopted in like meeting held April 24, 1989. /s/ Earl Williams MAYOR /s/ Carl L. Rowland CLERK NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF THOMASVILLE BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF THOMASVILLE, GEORGIA Notice is hereby given that an ordinance will be introduced and read for final adoption on Monday, April 24, 1989, to amend the charter of the City of Thomasville, which was established by an act

Page 5420

approved October 3, 1889, entitled An Act to Incorporate the Town of Thomasville as the City of Thomasville, (Georgia Laws 1888-1889, Pages 854-864, inclusive), as amended by several subsequent acts, by amending subparagraph (a) of Section 91 of Article XV of the charter as codified, Section 91 being captioned Street Improvements Authorized, Assessments, Ordinance, Public Property, Lien, When and How Payable, Installment Option so as to add by ordinance a method for the assessment of second street paving costs on corner lots; to provide that this ordinance shall not change the existing charter or form of government of the City of Thomasville in any manner except to change the method and terms of payment of paving assessments and to change the interest rate on the unpaid balance of paving assessments; to provide the effective date of the ordinance; to repeal all ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the Clerk of the City of Thomasville, and is on file in the office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 24th day of March, 1989. CARL ROWLAND CITY CLERK-TREASURER WILLIAM C. SANDERS CITY ATTORNEY Run:3/24, 31 4/7,14 Proof of Publication Before me, A Notary Public, personally appeared Dan Sutton the Advertising Manager for the Times-Enterprise, a newspaper published in the State of Georgia, County of Thomas, city of Thomasville. The above sworn state that Amend Charter was published for Alexander Vann with the Times-Enterprise as follows: On The 24, 31 day of March, 1989

Page 5421

On The 7, 14 day of April, 1989 /s/ Dan Sutton Affiant Sworn to and subscribed before me this 10 day of May, A.D., 1989. /s/ Kay Walker Notary Public Filed in the Office of the Secretary of State June 27, 1989. CITY OF ATLANTA ZONING; HISTORIC ZONES. AN ORDINANCE ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. L. 1965, P. 298, ET. SEQ.) AS AMENDED, TO AMEND APPENDIX I, POWERS, SUBSECTION 43 OF THE CHARTER OF THE CITY OF ATLANTA (GA. L. 1973, P. 2188, ET SEQ. APPROVED 16 MARCH 1973) AS AMENDED, BY ADDING PROVISIONS RELATING TO HISTORIC PRESERVATION, SO AS TO ADD NEW LANGUAGE TO SAID SUBSECTION 43 OF APPENDIX I AUTHORIZING THE CITY COUNCIL TO IDENTIFY, NOMINATE, DESIGNATE, AND REGULATE HISTORIC ZONES OR AREAS, WHETHER SUCH ZONES OR AREAS ARE INDIVIDUAL BUILDINGS, STRUCTURES, OR SITES, OR ARE COMBINATIONS THEREOF; AND SO AS TO AUTHORIZE AND EMPOWER THE ATLANTA URBAN DESIGN COMMISSION TO PROMULGATE ADMINISTRATIVE RULES AND DESIGN CRITERIA, TO MAKE RECOMMENDATIONS ABOUT, HOLD PUBLIC HEARINGS REGARDING, AND OTHERWISE ADMINISTER REGULATIONS GOVERNING HISTORIC ZONES OR AREAS, AND TO PROHIBIT OR AUTHORIZE PERMITS FOR CONSTRUCTION, DEMOLITION, OR ALTERATION OF HISTORIC ZONES OR AREAS; SO AS TO AUTHORIZE APPEALS FROM FINAL DECISIONS

Page 5422

OF THE ATLANTA URBAN DESIGN COMMISSION TO SUPERIOR COURT; SO AS TO PROVIDE FOR THE FILING OF THIS AMENDMENT AND PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITH RESPECT TO SUCH PROPOSED AMENDMENTS IN ACCORDANCE WITH THE PROVISIONS OF THIS CHARTER AND STATE LAW; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES. BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, AS FOLLOWS: SECTION 1. That Appendix I, Powers, Subsection 43 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq., approved March 16, 1973) as amended, is hereby amended by striking the words and such ordinances may be adopted pursuant to any general or special act existing of the time of adoption; and by adding new language set forth below, so that, as amended, such subsection shall read as follows: ...(43) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances. This power to regulate land use shall include authority to identify, nominate, designate, and regulate historic zones or areas, whether such zones or areas are individual buildings, structures, or sites, or are combinations of buildings, structures or sites, so as to promote the public health, safety, and morality, and the educational, aesthetic, cultural, economic and general welfare of the City of Atlanta, by preserving and protecting historic buildings, structures, and sites, or combinations thereof. It shall also include authority to empower the Atlanta Urban Design Commission to: prepare inventories and conduct studies and surveys; prepare and promulgate administrative design criteria for historic zones or areas; apply for and use public or private funds; hold public hearings; review urban design aspects, including works of art, of public projects and private projects impacting public property; identify, nominate and make recommendations regarding historic zones or areas; prohibit or authorize, conditionally or otherwise, construction, demolition, or alteration within or of designated historic zones or areas and issue permits relative thereto; and in connection therewith, may form a three (3) person panel of real estate economic experts to render decisions and advice regarding

Page 5423

economic hardships effecting historic properties, administer Atlanta's historic preservation regulations; promulgate administrative rules governing the Commission's operating procedures; and perform other similar historic preservation and urban design functions. It shall also include authority to provide for appeals of final decisions of the Urban Design Commission to Superior Court. SECTION 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq., approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Court of Fulton County and Dekalb County and that a Notice of Proposed Amendment to Charter of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. SECTION 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C. ADOPTED as amended by Council June 05, 1989 APPROVED by the Mayor June 12, 1989 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning),

Page 5424

The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on May 18, 25 and June 1, 1989. /s/ LaMarva Ivory Harrell LaMarva Ivory Harrell Sworn to and subscribed before me, This 26th day of June, 1989 /s/ Bernadette Berry-McCoy Notary Public, Fulton County, Georgia My Commission Expires Dec. 27, 1992 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... } ss: 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 Amend Appendix I Historic Preservation a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18, 25, 1st day of May June 1989. /s/ Gerald W. Crane Co-Publisher (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Page 5425

Sworn to and subscribed before me this 26th day of June 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL) NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta, (Georgia L. 173, p. 2188, et. seq., approved March 16, 1973), as amended, so as to Amend Appendix I, Powers, Subsection 43 of the charter of the City of Atlanta (Ga. L. 1973, P. 2188, Et. seq., approved 16 March 1973) as amended, by adding provisions relating to Historic Preservation, so as to add new language to said subsection 43 of appendix I authorizing The City Council to identify, nominate, designate, and regulate historic zones or areas, whether such zones or areas are individual buildings, structures, or sites, or are combinations thereof; and so as to authorize and empower the Atlanta Urban Design Commission to promulgate administrative rules and design criteria, to make recommendations about, and hold public hearings, and otherwise to administer regulations governing historic zones or areas, and to prohibit or authorize permits for construction, demolition, or alteration of historic zones or areas; so as to authorize appeals from final decisions of the Atlanta Urban Design Commission to Superior Court, so as to provide for the filing of this amendment and publication in a newspaper of general circulation with respect to such proposed amendments in accordance with the provisions of this charter and State Law; to repeal conflicting Laws and Ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public. This 2nd day of May, 1989.

Page 5426

Larry Dingle Clerk of Council City of Atlanta 34-32629, 5/18-6/1 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART who, being duly sworn, according to law, says that SHE is the AGENT 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 18TH, 25TH day(s) of MAY, 1989, and on the 1ST days of JUNE, 1989, As provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 7TH day of JUNE, 1989 /s/ Frances K. Beck Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA NOTICE is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta, (Georgia L. 173, p. 2188, et seq., approved March 16, 1973), as amended, so as to Amend Appendix I, Powers, Subsection 43 of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, Et seq., approved 16 March 1973) as amended, by adding provisions relating to Historic Preservation, so as to add new language to said subsection 43 of appendix I authorizing The City Council to identify, nominate, designate, and regulate historic zones or areas, whether such zones or areas

Page 5427

are individual buildings, structures, or sites, or are combinations thereof; and so as to authorize and empower the Atlanta Urban Design Commission to promulgate administrative rules and design criteria, to make recommendations about, and hold public hearings, and otherwise to administer regulations governing historic zones or areas, and to prohibit or authorize permits for construction, demolition, or alteration of historic zones or areas; so as to authorize appeals from final decisions of the Atlanta Urban Design Commission to Superior Court; so as to provide for the filing of this amendment and publication in a newspaper of general circulation with respect to such proposed amendments in accordance with the provisions of this charter and State Law; to repeal conflicting Laws and Ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Court of Fulton and Dekalb Counties, Georgia, for the purposes of examination and inspection by the public. This 2nd day of May, 1989. LARRY DINGLE Clerk of Council City of Atlanta Filed in the Office of the Secretary of State July 5, 1989. May 18 25 June 1 1989 CITY OF EAST POINT CITY MANAGER. HOME RULE ORDINANCE AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga.L. 1965, p. 298, Section 3) TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF EAST POINT, GEORGIA APPROVED AUGUST 19, 1912 (Ga.L. 1912, p. 862, et seq. ), AND THE

Page 5428

SEVERAL ACTS AMENDATORY THEREOF, IS HEREBY FURTHER AMENDED BY PROVIDING FOR THE POWER TO CONTRACT FOR THE SERVICES OF A CITY MANAGER. THE REPEAL OF CONFLICTING LAWS AND ORDINANCES; AND OTHER PURPOSES AND MEASURES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME, THAT: Section 1. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq. ), and the several amendatory Acts thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq. ), by striking the provisions of Section 3-101 in its entirety and inserting in lieu thereof a new Section 3-101, which shall provide as follows: Sec. 3-101. City manager appointment; qualification; compensation. The city council shall select and appoint a city manager for the City of East Point, who shall, subject to the control, direction, and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of East Point and responsible for the efficient administration of all departments of said municipal government. The city council may appoint the city manager by an affirmative vote of a majority of all its members and fix his compensation. The city council may enter into an employment contract with the city manager upon such terms and conditions as, in their opinion, are in the best interest of the City; provided, however, that no such employment contract shall be deemed to bind succeeding councils so as to prevent free legislation in matters of municipal government. In the absence of an employment contract specifying otherwise, said appointment shall be for an indefinite term. The city manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the City or State at the time of his appointment but may reside outside the City while in office only with the approval of the council. On request he shall be eligible to participate in a pension plan for employees but shall have all of the benefits offered to all other employees of the City.

Page 5429

Section 2. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq. ), and the several Acts amendatory thereof, is hereby further amended as hereinafter set forth pursuant to the Municipal Home Rule Act of 1965 (Ga.L. 1965, p. 298, et seq. ), by striking the provisions of Section 3-102 in its entirety and inserting in lieu thereof a new Section 3-102, which shall provide as follows: Sec. 3-102. Removal. (a) In the absence of an employment contract specifying otherwise, the mayor and council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reason for removal and may suspend the city manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the city manager. (2) Within five (5) days after a copy of the resolution is delivered to the city manager, he may file with the council a written request for a hearing. This hearing shall be held at a council meeting not earlier than fifteen (15) days and not later than thirty (30) days after the request is filed. The city manager may file with the council a written reply not later than five (5) days before the hearing. (3) The council may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of all its members at any time after five (5) days from the day when a copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one. (b) In the absence of an employment contract specifying otherwise, the city manager shall continue to receive his salary until the effective date of a final resolution of removal and at this time he shall be given not less than sixty (60) days severance pay

Page 5430

unless such removal is for the alleged commission of a crime, misfeasance, or nonfeasance in office. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. Section 3. Severability. In the event any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional was 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 adoption. First Reading 5/15/89 Second Reading 6/5/89 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 5 day of June, 1989. /s/ Bruce L. Bannister Bruce L. Bannister Mayor Attest: /s/ Evelyne K. Reeves Evelyne K. Reeves City Clerk

Page 5431

CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, EVELYNE K. REEVES, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance adopted June 5, 1989, I have in 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 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 Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended. This 7 day of June, 1989. /s/ Evelyne K. Reeves Clerk, City of East Point Sworn to and subscribed before me this 7th day of June, 1989. /s/ Jo A. McNorton Notary Public, Fulton County, Georgia My Commission Expires Jan. 23, 1990

Page 5432

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Dawn Stuart who, being duly sworn, according to law, says that She is the Agent 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 25th day of May, 1989, and on the 1st days of June, 1989, As provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 12th day of June, 1989 /s/ Cassandra Jean Harkness Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993 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 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, so as to provide for the power to contract for the services of a city manager, for the repeal of 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

Page 5433

Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed Ordinance. The Ordinance was considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, June 5, 1989, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday June 5, 1989. Evelyne K. Reeves City Clerk May 25 June 1 1989Req-4 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... } ss: COUNTY OF FULTON..... Personally appeared before the undersigned, a notary public within and for said county and State, GERALD W. CRANE, publisher of the 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 MAY, 1989 and issue of JUNE 1, 1989. /s/ Gerald W. Crane, Publisher (by) Pat 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 6th day of JUNE, 1989

Page 5434

/s/ David Hamrick Notary Public My commission expires March, 1991 (SEAL) PUBLIC NOTICE Pursuant to the Municipal Home Rule Act of 1965, as amended, notice is hereby given that the Mayor and Council of City of East Point propose to consider for adoption an Ordinance to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga.L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, so as to provide for the power to contract for the services of a city manager, for the repeal of 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 was considered the first time in the regular meeting of the Mayor and Council of the City of East Point on Monday, June 5, 1989, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of East Point on Monday June 5, 1989. Evelyn K. Reener City Clerk 8133-5/25,6/1 Filed in the Office of the Secretary of State July 24, 1989.

Page 5435

CITY OF ALBANY CITY MANAGER; EMERGENCY PURCHASES. 89-153 AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO AUTHORIZE THE CITY MANAGER TO MAKE EMERGENCY PURCHASES OF PARTS AND LABOR NECESSARY FOR EQUIPMENT REPAIRS WITHOUT FIRST OBTAINING APPROVAL OF THE BOARD OF CITY COMMISSIONERS AND WITHOUT ADVERTISING AND OBTAINING COMPETITIVE BIDS; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. I do hereby certify that this is a true and correct copy. /s/ Joann Pope City Clerk 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. Subsection (14) of Section 4 of the Charter of the City of Albany is amended by adding an additional paragraph at the end of said subsection (14) to read as follows: Notwithstanding the foregoing provisions of this subsection (14) or the provisions of subsection (8) of this section, the City Manager shall have authority to make emergency purchases of parts and materials and to contract for labor necessary for the repair and maintenance of all mechanical systems and equipment, up to an amount not to exceed $10,000.00, without first obtaining approval of the Board of City Commissioners, and without first advertising for and receiving competitive bids or proposals.

Page 5436

SECTION 2. Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. SECTION 3. All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ William Larry Bays Mayor ATTEST: /s/ Joann Pope CITY CLERK Adopted: July 25, 1989 Adopted: August 8, 1989 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, Sandi Solis who, having been sworn, states that (s) he is Classified 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: June 30, July 7 and July 14, 1989. /s/ Sandi Solis

Page 5437

Sworn to and subscribed before me this 11th day of August, 1989, in the presence of: /s/ Mary Anne Poole Notary Public My Commission Expires October 6, 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 authorize the City Manager to make purchases of parts and labor necessary for equipment repairs for amounts not exceeding $10,000.00 without first obtaining approval of the Board of Commissioners and without advertising and obtaining competitive bids. 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 June 30, July 7, 14, 1989 5675 Filed in the Office of the Secretary of State August 14, 1989. CITY OF MACON MACON FIRE AND POLICE EMPLOYEES RETIREMENT PLAN. AN ORDINANCE OF THE CITY OF MACON AMENDING PARAGRAPH (1) OF ARTICLE IV OF THE MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM AS

Page 5438

SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED APRIL 16, 1969 (GA. LAWS 1969, PAGE 2801, SECTIONS 1 AND 2), AS AMENDED BY AN ACT APPROVED APRIL 3, 1972 (GA. LAWS 1972, PAGE 3821), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION 1, ARTICLE V, CHAPTER 5, SECTION 5-502, PARAGRAPH (a) CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE HOME RULE ACT OF 1965, 1965 GA. LAWS, PAGE 289, ET. SEQ., SO AS TO PROVIDE FOR AN INCREASE IN THE NORMAL RETIREMENT BENEFIT UNDER THE PLAN OF TWO (2%) PERCENT OF AVERAGE COMPENSATION FOR EACH YEAR OF SERVICE AFTER TWENTY-FIVE (25) YEARS NOT TO EXCEED SEVENTY PERCENT (70%) OF AVERAGE COMPENSATION; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia and it is hereby so ordained by the authority of same as follows: Paragraph (1) of Article IV of the Macon Fire and Police Department Employees Retirement System is hereby deleted in its entirety and a new Paragraph (1) is substituted in lieu thereof to read as follows: ARTICLE IV RETIREMENT BENEFITS (1) Normal Retirement Benefit. An employee shall, upon retirement on his normal retirement date, receive a monthly retirement benefit equal to one-twelfth () of fifty (50) percent of his average compensation. An employee with more than twenty-five (25) years of service shall have included in the computation of his normal retirement benefit an additional two percent (2%) of average compensation for each year of service in excess of twenty-five (25) years; provided, however, that the total amount of average compensation to be considered shall not exceed seventy percent (70%). The first of said monthly retirement payments shall be made on his normal retirement date and subsequent such payments shall be made on the first day of each calendar month thereafter during the employee's lifetime. The minimum normal

Page 5439

retirement benefit to be paid under this section shall be three hundred dollars ($300.00) per month. All charter provisions, ordinances or parts of ordinances in conflict herewith are hereby repealed. SO ORDAINED this 18th day of July, 1989. /s/ David T. Carter President, City Council APPROVED this 28th day of July, 1989. /s/ William Lee Robinson Mayor SO ORDAINED this 1st day of August, 1989. /s/ David T. Carter President, City Council APPROVED this 6th day of August, 1989. /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 July 18, 1989. Witness my hand and seal of the City of Macon this July 19, 1989. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE July 19, 1989

Page 5440

RETURNED FROM MAYOR'S OFFICE July 31, 1989 11:50 AM 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 August 1, 1989. Witness my hand and seal of the City of Macon this August 2, 1989. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE August 2, 1989 RETURNED FROM MAYOR'S OFFICE August 10, 1989 3:27 PM August 10, 1989 I, Steven G. Durden, do hereby certify that the attached copy of ordinance #O-89-0025 amending the Fire and Police Employees Retirement System to provide for an increase in the normal retirement benefit under the plan of two (2%) percent of average compensation for each year of service after twenty five (25) years not to exceed seventy percent (70%) of average compensation is true and correct copy of said ordinance on file in the City Clerk's office, City Hall, Macon, Georgia. /s/ Steven G. Durden Steven G. Durden City Clerk STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, LOUISE L. WILSON, WHO DEPOSES AND SAYS SHE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER

Page 5441

THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/24, 07/1, 07/8 SIGNED /s/ Louise L. Wilson SWORN TO AND SUBSCRIBED BEFORE ME THIS 08 DAY OF JULY, 1989 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1996 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 (a) of the Code of Macon, Georgia (1978), as amended, so as to provide for an increase in the normal retirement benefit under the plan of two percent of average compensation for each year of service after twenty-five years not to exceed seventy percent (70%) of average compensation. Lisa L. Bullard Assistant City Attorney City of Macon 6/24, 7/1, 8, 1989 - 13752 (84562) Filed in the Office of the Secretary of State August 17, 1989

Page 5442

CITY OF ATLANTA COMPREHENSIVE DEVELOPMENT PLANS. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA SO AS TO PROVIDE THAT THE ANNUAL UPDATING AND REVISION OF THE CITY'S COMPREHENSIVE DEVELOPMENT PLANS SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION AND APPROVAL OF THE AUTHORIZING LEGISLATION; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Be It Ordained By The Council Of The City Of Atlanta, Georgia, As Follows: Section 1. The Charter of the City of Atlanta, Georgia is hereby amended so as to cause the annual updating and revision of the City's comprehensive development plans to become effective immediately upon adoption and approval of the authorizing legislation rather than becoming effective for the calendar year of adoption. To that end, it is hereby further ordained as follows: The last sentence of Section 3-603 (a) of the Charter, which sentence presently provides, Such plans shall be effective for the calendar year of adoption., is hereby deleted in its entirety and the following sentence is hereby inserted in lieu thereof, Such plans shall become effective immediately upon adoption and approval of the authorizing legislation. Section 2. A copy of this proposed amendment to the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq. approved March 16, 1973), as amended shall be filed in the Office of the Clerk of Council and in the offices of the Clerks of the Superior Courts of Fulton and Dekalb Counties and that the Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto as Exhibit A and by reference, made a part hereof, be published

Page 5443

once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. Section 3. All ordinances or parts of ordinances in conflict herewith, are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C. ADOPTED by City Council July 17, 1989 APPROVED by the Mayor July 24, 1989 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, County of Fulton. Before me, the undersigned, a Notary Public, this day personally came DAWN T. STUART who, being duly sworn, according to law, says that SHE is the AGENT of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 29TH day(s) of JUNE, 1989, and on the 6TH 13TH days of JULY, 1989, As provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 18TH day of JULY, 1989 /s/ Frances K. Beck Notary Public, Fulton County, Georgia My Commission Expires April 12, 1993

Page 5444

EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article 3, Chapter 6, Section 3-603 (a) so as to provide that the annual updating and revision of the City's comprehensive development plans shall become effective immediately upon adoption and approval of the authorizing legislation; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and Dekalb Counties, Georgia, for the purpose of examination and inspection by the public. This 20th day of June, 1989. Larry M. Dingle Clerk of Council June 29 July 6 13 1989-4 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Atlanta Constitution on June 29th, July 6th and July 13th.

Page 5445

/s/ LaMarva Ivory Harrell LaMarva Ivory Harrell Sworn to and subscribed before me, This 2 day of August, 1989 /s/ Julia Santos Notary Public, Fulton County, Georgia My Commission Expires Oct. 28, 1990 EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article 3, Chapter 6, Section 3-603 (a) so as to provide that the annual updating and revision of the City's comprehensive development plans shall become effective immediately upon adoption and approval of the authorizing legislation; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and Dekalb Counties, Georgia, for the purpose of examination and inspection by the public. This 20th day of June, 1989. Larry M. Dingle-Clerk of Council PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... COUNTY OF DEKALB..... ss: 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

Page 5446

Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposal Amendment annual updating of Comp. dev. a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29, 6, 13th day of June July 1989. /s/ Gerald W. Crane Co-Publisher /s/ (by) Linda L. Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 13th day of July 1989. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires Jan. 1, 1990 (SEAL) NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, (Ga. Laws 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article 3, Chapter 6, Section 3-603(a) so as to provide that the annual updating and revision of the City's comprehensive development plans shall become effective immediately upon adoption and approval of the authorizing legislation; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council of the City of Atlanta and offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public.

Page 5447

This 20th day of June, 1989. Larry M. Dingle Clerk of Council 34-34007, 6/18-7/13 Filed in the Office of the Secretary of State September 7, 1989. CITY OF GAINESVILLE EMPLOYEES' RETIREMENT PLAN. HR 89-02 AN ORDINANCE AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED RETIREMENT SYSTEM AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA SECTION 36-34-2 AND 36-35-3; BY AMENDING SECTION 3.69(b) ENTITLED RETIREMENT ELIGIBILITY TO PROVIDE A RETIREMENT AGE FOR EMPLOYEES WHO JOIN THE RETIREMENT SYSTEM WITHIN A FIVE YEAR PERIOD PRECEDING THE EMPLOYEE'S 60TH BIRTHDAY OR ANY TIME SUBSEQUENT TO THE EMPLOYEE'S 60TH BIRTHDAY; TO AMEND SECTION 3.69 ENTITLED RETIREMENT ELIGIBILITY BY ADDING A SUBPARAGRAPH (e) TO PROVIDE A BENEFIT DISTRIBUTION

Page 5448

RULE; BY AMENDING SUBPARAGRAPH (a) OF SECTION 3.70 ENTITLED RETIREMENT BENEFITS TO PROVIDE FOR THE AMOUNT OF RETIREMENT BENEFITS TO BE PAID A PARTICIPANT IN THE PLAN; BY AMENDING SUBPARAGRAPH (b) OF SECTION 3.70 ENTITLED RETIREMENT BENEFITS TO PROVIDE PRE-RETIREMENT INSERVICE DEATH BENEFITS; BY AMENDING SECTION 3.70 ENTITLED RETIREMENT BENEFITS TO ADD SUBPARAGRAPH 3.70(j) TO DEFINE ACTUARIAL EQUIVALENT; BY AMENDING SECTION 3.70 ENTITLED RETIREMENT BENEFITS TO ADD SUBPARAGRAPH 3.70(k) TO PROVIDE THAT BENEFITS ARE SUBJECT TO THE LIMITATIONS UNDER SECTION 415 OF THE INTERNAL REVENUE CODE; BY AMENDING SECTION 3.71 ENTITLED EMPLOYEES LEAVING SERVICE BEFORE RETIREMENT TO ADD SUBPARAGRAPH 3.71(c) TO PROVIDE RULES FOR EMPLOYEES TRANSFERRING FROM A CLASSIFIED MONTHLY SALARIED EMPLOYEE TO A CLASSIFIED WEEKLY EMPLOYEE; BY AMENDING SECTION 3.71 ENTITLED EMPLOYEES LEAVING SERVICE BEFORE RETIREMENT TO ADD SUBPARAGRAPH 3.71(d) TO PROVIDE RULES FOR EMPLOYEES TRANSFERRING FROM A WEEKLY TO A MONTHLY BASIS; BY AMENDING SECTION 3.72 ENTITLED EMPLOYEES SUBJECT TO ARTICLE TO DEFINE EMPLOYEES WHO ARE NOT SUBJECT TO THE PROVISIONS OF THIS ARTICLE; TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. Filed in Clerk's Office 7-05-89 Published 7/07/89 Published 7/14/89 Published 7/21/89 First Reading 8/01/89 Passed 8/15/89 SECTION I. Section 3.69(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (b) Normal retirement age is defined as the completion of 25 years of service or attaining age 60, whichever occurs first; however, an employee may continue employment after normal retirement age and will receive credit for salary and service up to the date of actual retirement. For an employee who joins the retirement system within the five year period preceding his 60th birthday, or at anytime subsequent

Page 5449

to his 60th birthday, such employee's normal retirement age will be the fifth anniversary of the date he joined the retirement system. An employee's normal retirement date will be the first day of the month coinciding with or next following the attainment of his normal retirement age. SECTION II. Section 3.69 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (e), which shall read as follows: (e) Payment of any benefit provided under this retirement system shall commence no later than the April 1 of the calendar year following the later of (i) the calendar year in which the employee attains 70-1/2 or (ii) the calendar year in which the employee terminates his employment with the City. The payment of benefits hereunder shall be made in accordance with I.R.S. Code Section 401(a)(9) and regulations thereunder. SECTION III. Section 3.70(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 3.70. Retirement, Disability and Death Benefits (a) An employee retiring under the provisions of this act shall receive monthly benefits for the remainder of his life in a sum of money equal to two and one-fourth percent (2-1/4%) times his average monthly salary, times his years of service not to exceed thirty (30) years, for benefit calculation purposes. Average monthly salary shall be defined as the five (5) highest consecutive calendar years during an employee's period of service divided by sixty (60). Annual salary in excess of $200,000, as indexed under Internal Revenue Service Code Section 415(d), shall not be

Page 5450

considered in computing benefits. This formula for benefit is demonstrated by the following example: Employee had total salary for employee's highest paid five (5) consecutive years of sixty thousand dollars ($60,000.00). The average monthly salary can be obtained by dividing this sixty thousand dollars ($60,000.00) by sixty (60) months yielding an average monthly salary of one thousand dollars ($1,000.00) a month. If said employee had thirty (30) years of service or more, his or her benefit would be sixty-seven and one-half percent (67-1/2%) of one thousand dollars ($1,000.00) (his or her average monthly salary) or six hundred seventy-five dollars ($675.00) per month. SECTION IV. Section 3.70(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (b-1) Should an employee die prior to retirement or other termination of employment with the City, but after he has completed at least ten (10) years of continuous service, a monthly benefit shall be payable to his eligible spouse, if any, for the remainder of his or her life. For purposes of this Section 3.70(b), eligible spouse shall mean the husband or wife to whom the employee had been married for at least one year on the date of his death. The monthly amount of the benefit payable to such eligible spouse shall be equal to fifty percent (50%) of the benefit calculated as for normal retirement, reflecting the average salary and the service up to the date of death of the employee, and shall commence as of the first day of the month coinciding with or next following the employee's death. If the actuarial equivalent lump sum value of such benefit payable to the eligible spouse is less than the aggregate amount the employee had contributed to the retirement fund as of the date of his death, then the monthly benefit payable to the eligible spouse shall be equal to the amount paid into the fund by the

Page 5451

employee converted to an actuarially equivalent monthly lifetime benefit. Should an eligible spouse entitled to a benefit in accordance with this subparagraph (b-1) die without having received in monthly benefits a sum equal to the amount the employee had paid into the retirement fund, then the difference between the amount paid into the fund by the employee and the amount received by the eligible spouse in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the Trustees, to the heirs at law of the deceased spouse, or to any person, firm or corporation designated by the spouse in writing before his or her death. (b-2) Should any employee die without an eligible spouse or with less than ten (10) years of continuous service with the City, the amount he has contributed to the retirement fund shall be paid to his heirs at law, or to any person, firm or corporation designated by such employee in writing before his death. SECTION V. Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (j), which shall read as follows: (j) For purposes of this Section 3.70 and of Section 3.71, actuarial equivalent shall mean equality in value of the aggregate amount expected to be received under different forms of payment, based on the 1984 Unisex Pension Mortality Table, with interest at 8% per annum. SECTION VI. Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (k), which shall read as follows:

Page 5452

(k) Any benefit computed under the provisions of this act shall be subject to the limitation as defined in Section 415 of the Internal Revenue Code of 1986, as amended, and regulations thereunder. SECTION VII. Section 3.71 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (c), which shall read as follows: (c) In the case of an employee's transfer from a classified monthly salaried employee to a classified weekly employee, the following rules shall apply: (1) If the employee has not attained his normal retirement age as of the date of transfer, (i) he shall continue to receive service for all employment with the City for the sole purpose of determining his eligibility for a benefit, (ii) he shall cease to have any right to make contributions to the retirement fund and (iii) he shall not be entitled to receive a refund of his contributions to the fund while an employee of the City. (2) If the employee has attained his normal retirement age as of the date of transfer, (i) he shall cease to have any right to make contributions to the retirement fund and (ii) his benefit payable upon his subsequent retirement shall be calculated as for delayed retirement reflecting the average salary and the service up to the date of transfer, with the results increased to the actuarial equivalent benefit at his actual retirement date. SECTION VIII. Section 3.71 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (d), which shall read as follows:

Page 5453

(d) In the case of an employee's transfer from a classified weekly employee to a classified monthly salaried employee, the following rules shall apply: (i) he shall receive service for all employment with the City for the sole purpose of determining his eligibility for a benefit, (ii) he shall not be required or permitted to make contributions to the retirement fund for his period of employment prior to his date of transfer and (iii) his salary prior to his date of transfer shall not be considered in computing any benefit to which he may be entitled until this article. SECTION IX. Section 3.72 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Employees subject to the provisions of this article shall be all classified monthly employees of the City of Gainesville and the City Manager; provided, however, that any person hired under the previous retirement system who was over age thirty-five (35) and was not eligible to join the retirement system, shall elect in writing, at such employee's option, whether to be subject to the provisions of this retirement system. Subject to the provisions of Section 3.71(c) of this article, classified weekly employees and nonclassified occasional and temporary employees working for weekly or hourly wages are not subject to the provisions of this article. For any employee who was not eligible to join the retirement system for periods prior to January 1, 1988, because his date of employment with the City was on or after his attainment of the age of fifty-five (55) or more and who completes an hour of service on or after January 1, 1988, the following provisions shall apply: (i) he shall not receive service for such period of employment, (ii) he shall not be required or permitted to make contributions to the retirement fund for such period of employment prior to January 1, 1988 and (iii) his salary prior to January 1, 1988

Page 5454

shall not be considered in computing any benefit to which he may be entitled under this article. SECTION X. The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-34-2 and 36-35-3. SECTION XI. This Ordinance shall become effective upon passage thereof by the City Commission. SECTION XII. All Ordinances and parts of Ordinances in Conflict herewith are hereby repealed. PUBLISHER'S AFFIDAVIT State of Georgia County of Hall I hereby certify that the following Ordinance HR. 89-02 was published on the following dates: Published 7/07/89 Published 7/14/89 Published 7/21/89 Ad # 127854 THE TIMES /s/ By: Faye Brooks Title: Secretary/Advertising Sworn to and subscribed before me this 21st day of August 1989.

Page 5455

/s/ Joy E. McCain Notary Public, Hall County, Georgia My Commission Expires Feb. 20, 1993 006-Public Notice AN ORDINANCE HR 89-02. An Ordinance to amend Article 6 of the Charter Laws of the City of Gainesville, Georgia entitled Retirement System as authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Section 36-34-2 and 36-35-3; by amending Section 3.69(b) entitled Retirement Eligilibity to provide a retirement age for employees who join the Retirement System within a five year period preceding the employees 60th birthday or any time subsequent to the employees 60th birthday; to amend Section 3.69 entitled Retirement Eligilibity by adding a subparagraph (e) to provide a benefit distribution rule; by amending subparagraph (a) of Section 3.70 entitled Retirement Benefits to provide for the amount of retirement benefits to be paid a participant in the plan; by amending subparagraph (b) of Section 3.70 entitled Retirement Benefits' to provide pre-retirement in-service death benefits; by amending Section 3.70 entitled Retirement Equivalent; by amending Section 3.70 entitled Retirement Benefits to add subparagraph 3.70(k) to provide that benefits are subject to the limitations under Section 415 of the Internal Revenue Code; by amending Section 3.71 entitled Employees Leaving Service Before Retirement to add subparagraph 3.71(c) to provide rules for employees transferring from a Classified Monthly Salaried Employee to a Classified Weekly Employee; by amending Section 3.71 entitled Employees Leaving Service Before Retirement to add subparagraph 3.71(d) to provide rules for employees transferring from a weekly to a monthly basis; by amending Section 3.72 entitled Employees Subject To Article to define employees who are not subject to the provisions of this Article; to provide for a repealing clause; to provide for an effective date; and to provide for other purposes. #127854 July 07,14,21. Filed in the Office of the Secretary of State November 3, 1989.

Page 5456

CITY OF GAINESVILLE MAYOR AND COUNCIL MEMBERS; COMPENSATION. HR 89-03 AN ORDINANCE AN ORDINANCE TO AMEND SECTIONS 2.12(a), (b), and (c) OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE THE COMPENSATION OF THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF GAINESVILLE, GEORGIA AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-4; TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. Filed with Clerk of Court 8/01/89 Published 8/03/89 Published 8/10/89 Published 8/17/89 First Reading 9/05/89 Passed 9/19/89 BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Section 2.12(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 2.12 Compensation: expense allowance; reimbursement. A. Compensation. (1) For attending each official meeting of the Council, the four (4) Council Members shall receive four hundred dollars ($400.00) per month, and the Council Member serving as

Page 5457

Mayor shall receive five hundred dollars ($500.00) per month; (2) For attending each scheduled, special, or called meeting of the Council, each Council Member shall receive as additional compensation fifty-nine dollars ($59.00) per diem, payable monthly, not to exceed six (6) meetings per month. (a) This per diem rate shall be adjusted upward or downward to correspond with the per diem rate provided by law for members of the General Assembly as set out in O.C.G.A. 45-7-4, et seq., as amended. SECTION II. Section 2.12(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (b) Expense Allowance. To help defray the day-to-day costs necessary to properly carry out their duties as Council Members outside of regular meetings, the four (4) Council Members (exclusive of the Mayor) shall receive an expense allowance of seventy-five dollars ($75.00) per month and the Council Member serving as Mayor shall receive an expense allowance of one hundred dollars ($100.00) per month. SECTION III. Section 2.12(c) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (c) Reimbursement. In addition to other compensation and allowances, each Council Member shall be reimbursed from City funds for actual transportation costs

Page 5458

while traveling by public carrier, the legal mileage rate from his residence for use of a personal automobile, and the actual costs of lodging, meals and sundry items incurred while attending to City matters outside of Hall County, Georgia. SECTION IV. 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 V. The effective date of this Ordinance is January 1, 1990. SECTION VI. 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 Brad E. Zimmerman, 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 the Charter Laws of the City of Gainesville, Georgia are to be amended was published once a week for three (3) weeks on the following days: August 3, 1989 August 10, 1989 August 17, 1989 THE TIMES
Page 5459

/s/ By: Brad E. Zimmerman Title: Controller Sworn to and subscribed before me this 25th day of September, 1989. /s/ Mary C. Gibbs Notary Public, Hall County, Georgia My Commission Expires Dec. 11, 1989 ORDINANCE NO. H.R. 89-03 An ordinance to amend sections 2.129(a), (b), and (c) of the charter laws of the City of Gainesville, Georgia to increase the compensation of the Mayor and Council Members of the City of Gainesville, Georgia as authorized by the Charter of the City of Gainesville, Georgia and official code of Georgia annotated section 36-35-4; to provide for a repealing clause; to provide for an effective date; and to provide for other purposes. #131072 Aug. 3,10,17. Filed in the Office of the Secretary of State November 3, 1989. CITY OF BROOKLET NEW CHARTER. CHARTER ARTICLE 1. INCORPORATION AND POWERS Section 1.10. Name. This city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style

Page 5460

Brooklet, Georgia, and by that name shall have perpetual succession. See 1906 Charter Section 1, as amended. 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 in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of Clerk of the City and to be designated, as the case may be: Official Map of the corporate limits of the City of Brooklet, Georgia. Photographic, typed, or other copies of such map or description certified by the Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. See 1906 Charter Section 2, as amended. 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. See 1906 Charter Section 13, as amended. Section 1.13 Examples of Powers. (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent

Page 5461

the pollution of natural streams which flow within the corporate limits of the city; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building Regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, heating and air conditioning codes; and to regulate all housing and building trades; (5) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; See 1906 Charter Section 18, as amended. (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 Office Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations;

Page 5462

(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (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 therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city 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 commitment of such person to any jail, or to provide for commitment of such persons to any county

Page 5463

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; See 1906 Charter Section 27, as amended. (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 rated, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;

Page 5464

(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; See 1906 Charter Sections 19 and 21, as amended. (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency; See 1906 Charter Sections 23 and 24, as amended. (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribed the rates, fares, regulations and standards and conditions

Page 5465

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 structure 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; (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, nd 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 an maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; See 1906 Charter Section 26, as amended. (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending for a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection ad 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,

Page 5466

aluminum, cardboard, paper, and other recyclable materials, and to 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 sue 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; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. See 1906 Charter Sections 15, 16, 17, and 20, as amended. (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) 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 granted 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.

Page 5467

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 a provided by pertinent laws of the State of Georgia. ARTICLE 2. 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 five (5) council members. The mayor and council members shall be elected in the manner provided by this charter. See 1906 Charter Section 3, as amended. Section 2.11. City Council Terms and Qualifications for Office. The members of the city council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have attained the age of 21 years; be a citizen of the United States of America and a resident of the state of Georgia having resided in the City of Brooklet for a minimum of sixty (60) days prior to the election in the City of Brooklet of mayor or members of the city council; and shall continue to reside therein during his period of service and be registered and qualified to vote in municipal elections of this city. See 1906 Charter Sections 4 and 4a, as amended. Section 2.12. Designation of Council Post. In order to provide for the staggered election of councilmen, the council of the town of Brooklet is hereby divided into five councilmen posts:

Page 5468

The position presently occupied by Councilman.....is hereby designated Councilman Post No. 1. The position presently occupied by Councilman.....is hereby designated Councilman Post No. 2. The position presently occupied by Councilman.....is hereby designated Councilman Post No. 3. The position presently occupied by Councilman.....is hereby designated Councilman Post No. 4. The position presently occupied by Councilman.....is hereby designated Councilman Post No. 5. At the election to be held in odd numbered years and biennially thereafter, the mayor and the councilman for Posts Nos. 1 and 2 shall be elected for a two year term of office. At the election to be held in even numbered years and biennially thereafter, councilmen for Post Nos. 3,4 and 5 shall be elected for a two-year term of office and biennially thereafter. Sec 1967 Charter and 1906 Charter Section 4a, as amended. Section 2.13. Vacancy; Filling of Vacancies. (a) Vacancies. The office of mayor or council members shall become vacant upon the incumbent's death, resignation, forfeiture of office ore removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Filling of Vacancies. A vacancy in the office of mayor or council members shall be filled for the remainder of the unexpired term, if any, as provided for in this chapter.

Page 5469

Section 2.14. Compensation and Expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. See 1906 Charter Section 14, as amended. Section 2.15. Holding Other Office; Voting When Personally Interested. (a) Except as authorized by law, the mayor or any council member shall not hold any other city office or city employment during the term for which he has 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 is personally interested. Section 2.15. Inquiries and Investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the City Council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I. Section 2.17. Eminent Domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public building, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any public improvements inside

Page 5470

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. Oath of Office. The oath of office to be administered to newly elected members of council shall be as follows: I do solemnly swear that I will faithfully perform the duties of my office of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia, and of the United States of America. Section 2.19. Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three (3) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the major and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council members in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extend required by law and notice to the public of special meetings shall be made fully as is reasonably possible twenty-four (24) hours prior to such meetings. Section 2.20. Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provision of this charter

Page 5471

and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairmen of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum: Voting. Three (3) council members not including the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any members of the city council shall have the right to reqeust a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution or motion. Section 2.22. Ordinance Form; Procedures. (a) Every proposed ordinance should 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 Brooklet 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; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

Page 5472

Section 2.23. Action Requiring an Ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.24. Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three (3) council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: 1. the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and

Page 5473

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 27. (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 signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known an cited officially as The Code of the City of Brooklet, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and may 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 currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

Page 5474

Section 2.27. Election of Mayor; Forfeiture; Compensation. The mayor shall be elected and serve for a term of two (2) years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have resided in the City of Brooklet six months previous to the election; shall be at least twenty-one (21) years of age; shall be a citizen of the United States; and shall be a citizen of the State of Georgia. He shall continue to reside in this city during the period of his service. He shall forfeit his office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as provided for council members. The mayor shall at the first council meeting following election and after taking the oath of office to well and truly perform the duties of his office, which oath shall be taken before any officer of said State being authorized by law to administer an oath. At the first regular meeting of the council, the mayor shall administer to each of the newly elected council members a similar oath, and the oath of the mayor and council members shall be entered upon the minutes of the council. See 1906 Charter Sections 4 and 12, as amended. Section 2.26. Mayor Pro Tem. At the first meeting of the City council in January of each year, the city council shall elect a council member to serve as Mayor Pro Tem. Such election shall be by majority vote. The Mayor Pro Tem shall assume the duties and powers of the Mayor during the Mayor's disability or absence, if such disability or absence shall be declared by majority vote of city council. See 1906 Charter Section 8, as amended. Section 2.27. Powers and Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (c) have the power to administer oaths and to take affidavits;

Page 5475

(d) sign as a matter of course on behalf of the city all written and approved contract, ordinances and other instrument executed by the city which by law are required to be in writing; (e) vote on matters before the city council and not be counted toward a quorum as any other council member; (f) prepare and submit to the city council a recommended annual budget; and (g) fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE 3. ELECTIONS AND REMOVAL Section 3.10. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended. Section 3.11. Regular Elections; Time of Holding. On the first Wednesday of December of each year, and on that day annually thereafter, there shall be a municipal general election. The terms of office shall be in accord with this Charter and shall begin at the time of taking the oath of office which shall be at the January council meeting of the year following the election. See 1906 Charter Section 4, as amended. Section 3.12 Non-Partisan Elections. Political parties shall not conduct primaries for city offices nad all names of candidates for city offices shall be listed without party designations. Section 3.13 Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected.

Page 5476

Section 3.14. Special Elections; Vacancies. In the event that the office of mayor or a council member, by reason of death, resignation or other cause, the mayor shall order an election to fill such vacancy for the unexpired term of such official. A minimum of ten (10) days notice, in writing, shall be given of such election by posting notices in at least three (3) public places in the City. In the event that the office of mayor is vacated, the call for election shall be issued by the Mayor Pro Tem, and if there is no Mayor Pro Tem, the call shall be issued by the council. Person elected to fill such vacancy shall fill such vacancy for the unexpired term only. With all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3, Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. See 1906 Charter Section 7, as amended. Section 3.15. Other Provisions. Except as otherwise provided by this charter, the city council shall, buy ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. Section 3.16. Removal of Officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) incompetence, misfeasance, or malfeasance, in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) knowingly violating any express prohibition of this charter; (5) abandonment of office or neglect to perform the duties thereof;

Page 5477

(6) failure for any other cause to perform the duties of office as required by this charter or by state law; or (b) Removal of an officer pursuant to subsection of this section shall be accomplished by one of the following methods: (1) By the vote of three (3) council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Bulloch County. Such appear shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Bulloch County Georgia following a hearing on a complaint seeking such removal brought by any resident of the City of Brooklet. ARTICLE 4. ADMINISTRATIVE AFFAIRS Section 4.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the function 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 qualification.

Page 5478

(c) All appointive offices and directors of departments shall receive compensation as determined by council. (d) There shall be a director of each department or agency who shall be its principal office. Each director shall, subject to the direction and supervision of the mayor and council, be responsible for the administration and direction of the affairs and operations of his department or agency. Section 4.11. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commission and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall be ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the 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) No member of a board, commission or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (f) Any member of a board, commission or authority may be removed from office for cause by a vote of three (3) members of the city council.

Page 5479

(g) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. Section 4.12. City Attorney. The mayor and council may appoint a city attorney, and shall provide for the payment of such attorney for services rendered to the City. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; 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 by him by virtue of his position as city attorney. Section 4.13. City Clerk. At the first regular meeting in January of each year, the mayor and council shall elect a clerk, a city marshal and such other officers as they shall deem necessary. The mayor and council shall set the fees and salaries, set the amount of bond to be given by each, prescribe the duties of each. All said officers shall hold their offices for one (1) year and until their successors are elected and qualified, provided however, that any of said officers may be removed at any time by a majority vote of the mayor and council for neglect of duty, incapacity, or misconduct in office. 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. See 1906 Charter Section 9, as amended.

Page 5480

Section 4.14. City Treasurer. The mayor and council shall appoint a city treasurer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provision 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 by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city treasurer may be the same person as the city clerk. Section 4.15. City Accountant. The mayor and council shall appoint a city accountant to perform the duties of an accountant. The mayor and council shall provide for the payment of such accountant for services rendered to the city. The city accountant shall perform the duties as prescribed by mayor and council. Section 4.16. Personnel Policies. The city council shall adopt rules and regulations consistent with this charter concerning: the method of employee selection and probationary periods of employment; the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be elected; such dismissal hearings as due process may require; and such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

Page 5481

ARTICLE 5 FINANCE Section 5.10. 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 of 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 purposes as determined by the city council in its discretion. See 1906 Charter Section 15, as amended. Section 5.11. Millage Rate; Due Dates; Payment Methods. The city council shall establish a millage rate for the city property tax, a due date, and a time period within which these taxes must be paid. See 1906 Charter Section 15, as amended. Section 5.12. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callilngs 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 5.18. See 1906 Charter Section 18, as amended. Section 5.13. Licenses; Permits; Fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulation

Page 5482

lating the activity, and if unpaid, shall be collected as provided in Section 5.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessities. See 1906 Charter Section 18, as amended. Section 5.14. Franchises. The city council shall have the power to grant franchises for the use of this city's street and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefore. 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 5.15. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary an health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 5.18. Section 5.16. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 5.18.

Page 5483

Section 5.17. 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 of govern its local affairs. Section 5.18. Collection of Delinquent Taxes and Fees. The city council may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 5.10 through 5.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failures to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. See 1906 Charter Section 16, as amended. Section 5.19. 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 5.20. 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 5.21. 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.

Page 5484

Section 5.22. 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 5.23. Preparation of Budgets. The city council may provide an ordinance on detailed 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 5.24. Budget. Prior to the beginning of each fiscal year, the mayor and council shall adopt a budget. The budget as finally adopted must provide for all expenditures required by state law or by other provisions of this charger and for all debt service requirements for the ensuring fiscal year. If the city council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated 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. Following the adoption of the budget, the city council shall levy such taxes as are necessary. The taxes and tax rates set 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 budget for defraying the expenses of the general government of this city. Section 5.25. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

Page 5485

Section 5.26. Independent 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 governments may be accepted as satisfying the requirement of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 5.27. Contracting Procedures. No contract with the city shall be binding on the city unless: (a) it is in writing; (b) it is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.23. Section 5.28. Sale of City Property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as 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 adoption of a resolution by city council, but 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 swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the

Page 5486

city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE 6 JUDICIAL BRANCH Section 6.10 Creation; Name. There shall be a court to be known as the Municipal Court of the City of Brooklet. Section 6.11. Judge of the Municipal Court of the City of Brooklet. (a) The municipal court shall be presided over by the Judge of the City of Brooklet. The Judge shall be appointed by mayor and council. The Judge may also be removed for cause by a vote of three (3) members of the city council. Compensation of the judge shall be determined by mayor and council. (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. (c) Before assuming office, the 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 2.22. Section 6.12. Convening. The municipal court shall be convened at regular intervals as determined by mayor and council. Section 6.13. 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.

Page 5487

(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not excess two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00), or imprisonment for ninety (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 authority to establish bail and recognizance to ensure the presence of these charged with violations before said court, and shall have discretional authority to accept cash or personal or real property as surety for the appearance of persons charged with violation. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (e) The municipal court shall have the same authority as superior courts to complete the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (f) The municipal court may comply the presence of all parties necessary to a prior 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.

Page 5488

(g) The judge of the municipal court shall be authorized to issue warrants for the arrest of person 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. (h) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 6.14. 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 Bulloch County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 6.15. Rules of 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. ARTICLE 7 GENERAL PROVISIONS Section 7.10 Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

Page 5489

Section 7.11. Existing Ordinances, Resolutions, Rules and Regulations. All ordinances, resolutions, rules and regulations now in force in the city, not inconsistent with this Charter hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.12. First Election Under This Charter. The first municipal election shall be the first Wednesday in December at which the appropriate council seats as designated in Section 2.12 shall be elected. All persons giving notice of candidacy for a City council seat shall designate the post being sought. Future elections post positions shall be conducted as is provided by this Charter. Section 7.13. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect as if the personnel and officers were appointed, hired, or elected under this charter. Section 7.14. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. Section 7.15. Construction. (a) Section captions in this charter are informative only and are not to be considered as 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.

Page 5490

Section 7.16. Severability. If any article, section, subsection, paragraph, sentence or part hereof 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 charger that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17. Repealer. An Act incorporating the City of Brooklet in the County of Bulloch, approved August 21, 1906 (Ga. L. 1906 p. 548) is hereby repealed in it entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. Section 7.18. Effective Date. This charter shall become effective on July 30, 1989. ADOPTED: MARCH 15, 1989. STATE OF GEORGIA COUNTY OF BULLOCH AFFIDAVIT BEFORE ME, the undersigned officer duly authorized to administer oaths, comes F. GATES PEED, attorney for the City of Brooklet, being duly sworn states that the Home Rule was read before the City Council on February 15, 1989 and March 15, 1989. /s/ F. Gates Peed Sworn to and subscribed before me this 5th day of January, 1990.

Page 5491

/s/ Tammy L. Newton Notary Public, Bulloch County, Georgia My Commission Expires Aug. 14, 1991 GEORGIA, BULLOCH COUNTY AFFIDAVIT Before me, the undersigned officer duly authorized to administer oaths, comes, Wanda L. Hughes, an employee of The Statesboro Herald, who states that the following facts are true and correct to the best of her knowledge and belief: The attached notice was published in The Statesboro Herald on January 25, February 1, and February 8, 1989 in accordance with instructions given by F. Gates Peed, Legal Council for the City of Brooklet, Georgia. This 4th day of August, 1989. /s/ Wanda L. Hughes Sworn to and subscribed before me this 4th day of August, 1989. /s/ Helen M. Mathis Notary Public PUBLIC NOTICE The Mayor and Council of the Town of Brooklet by authority in the Official Code of Georgia, Annotated Section 36-35-3 and in accord with the Home Rule Powers propose to amend the 1906 Charter of the Town of Booklet. A copy of the proposed amendment is on file in the office of the City Clerk of Brooklet and in the office of the Clerk of the Superior Court of Bulloch County, Georgia. Said proposed amendment is available at those locations for examination and inspection by the Public if desired. By written request, the City Clerk of the Town of Brooklet will frnish a copy of said amendment.

Page 5492

The proposed amendment is for the purpose of modernizing and updating the Charter in its entirety and to redefine certain areas of authority of the City. However, the amendment in no way changes the type of city government or the method of election of city officials. At the next scheduled meeting of the Town Council, which shall be held at 7:30 p.m. on February 15, 1989, at the City Hall of the Town of Brooklet, there shall be a public hearing for the purpose of public comment on the proposed amendment. All inquiries should be addressed to City Clerk at the Brooklet City Hall. No. 8432 02-08-89. Filed in the Office of the Secretary of State November 3, 1989. CITY OF MARIETTA MAYOR PRO TEM; COMPENSATION; PROBATION OFFICE; BOARD OF LIGHTS AND WORKS. COUNCIL BILL NO. 296689 ORDINANCE NO. 4728 AN ORDINANCE Amending the Charter of the City of Marietta, Georgia pursuant to the Georgia Municipal Home Rule Act (O.C.G.A. Chapter 36-35). BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, THAT: Section 1. The Charter of the City of Marietta, Georgia, is hereby amended by deleting Section 2.7 thereof and inserting in its place a new Section 2.7 to read as follows: Section 2.7. Mayor Pro Tem; Presiding Officer.

Page 5493

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 a majority of the Council, may fill the same at any regular meeting of the Council or in vacation. In the event of the death of 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 a majority vote of the Council. The Mayor Pro Tem shall be paid, in addition to his Council salary, a salary of $100 per month. Section 2. The Charter of Marietta, Georgia, is further amended by striking Section 6.8 thereof and inserting in its place 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 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 Ten Dollars ($10), as set by the Municipal Court Judge. Section 3. The Charter of Marietta, Georgia, is further amended by striking Section 5.1 thereof and inserting in its place 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

Page 5494

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. 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 5. All Ordinances or parts of Ordinances in conflict with this ORdinance are hereby repealed. Section 6. This Ordinance shall become effective upon the signature or without the signature of the Mayor, subject to Georgia laws 1983, page 4119. DATE: August 9, 1989 (FIRST READING)

Page 5495

APPROVED: /s/ Vicki Chastain Vicki Chastain, Mayor ATTEST: /s/ Lillian C. Harris Lillian Harris, City Clerk DATE: 9/13/89 (SECOND READING) APPROVED: /s/ Vicki Chastain Vicki Chastain, Mayor ATTEST: /s/ Patsy Bryan Patsy Bryan, Deputy 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 keeper of the records of said municipality, and as such do hereby certify that the attached copy of Ordinance No. 4728, is a true and correct copy as same appears of record as approved by the Governing Body on August 9, 1989 and September 13, 1989. WITNESS my hand and Seal of the City of Marietta, Georgia, this 8th day of November, 1989.

Page 5496

/s/ Lillian C. Harris Lillian C. Harris City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF COBB Before me the undersigned, a Notary Public, this day came Otis A. Brumby, Jr., personally known to me who being first duly sworn according to law, says that he is of Times-Journal, Inc. Publisher of The Marietta Daily Journal, the official newspaper of which Sheriff's advertisements in and for said County are published and a newspaper of general circulation with its principal place of business in said county, and that there has been deposited three insertions M-8 7:28, 8:4, 11, once a week for three successive weeks. /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me this 3 day of November, 1989 /s/ Bobbie Bleven Notary Public, Georgia, State at Large My Commission Expires March 5, 1993 M-008 PUBLIC NOTICE Notice is hereby given that the governing authority of the City of Marietta intends to amend (1) Section 2.7 of the City Charter so as to provide compensation to the Mayor Pro Tem in the amount of $100.00 per month, (2) Section 6.8 so as to provide the Municipal Court Judge with supervision over the probation office and to provide for the collection of a monthly probation fee from any individual placed on probation and (3) Section 5.1 so as to provide for two non-resident members of the Marietta Board of Lights and Waterworks. A copy of the proposed amendment is on file in the

Page 5497

office of the Clerk of the City of Marietta and in the office of the Clerk of the Superior Court of Cobb County. 7:28, 8:4, 11 Filed in the Office of the Secretary of State November 13, 1989. CITY OF GRAYSON MUNICIPAL COURT. CHARTER AMENDMENT ORDINANCE Mayor and Council of the City of Grayson hereby ordain: That the Charter of the City of Grayson, Georgia, (Ga. L. 1901, p. 662), as amended, is hereby amended by adding the following language to the charter which shall be designated as Section 16. Section 16 Municipal Court Section 16.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Grayson. Section 16.11. Selection of Officer to Preside Over Court (a) At the discretion of the city council, the mayor may preside over the municipal court. The city council is authorized to appoint a mayor pro tempore or a member of the city council to hold and preside over such municipal court in the absence or disqualification of the mayor. While presiding over the court, said mayor pro tempore or member of the city council shall have such power, authority, and jurisdiction as is given by the charter to its mayor. (b) The city council may, if it so chooses, appoint a chief judge to preside over the court in lieu of the mayor and such part-time, full-time or stand-by judges as are deemed necessary. The method

Page 5498

of selection and terms of such judges shall be provided by ordinance. (c) 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 judge appointed, if also a member of the governing authority of the City of Grayson, shall be a resident of Gwinnett County for any period in which said judge presides over the municipal court. (d) Compensation of the judges shall be fixed by ordinance. (e) Judges may be removed for cause by a vote of the city council. (f) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal. Section 16.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 16.13. 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 six months or both such fine and imprisonment or may fix punishment by, imprisonment, or alternative sentencing as now or hereafter provided by law.

Page 5499

(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 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 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 officer presiding over the court 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 the 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 and executed by any officer as authorized by this carter or by law. (h) The presiding officer 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 presiding officer 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

Page 5500

authorize the abatement of nuisances and prosecution of traffic violations. Section 16.14. 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 Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 16.15. Rules for Court. With the approval of the city council, the presiding officer of the court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total 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. Section 16.16. Laws in Conflict. All laws and parts of laws in conflict with this section are hereby repealed including, but not limited to, those provisions in Section 12, 13, and 14 of the Charter which limit penalties which may be imposed for violations of ordinances and laws of the City of Grayson to amounts different than those contained in this section or otherwise restrict the Mayor, Council, Municipal Court or other officials from imposing penalties or sanctions consistent with this section. This Ordinance amending the Municipal Charter is adopted pursuant to O.C.G.A. Section 36-35-3 and shall become law effective upon its approval at a second regular consecutive meeting of the Mayor and Council and following publication as required by law. IT IS SO ORDAINED. 1st Adoption Approved and adopted by Mayor and Council of the City of Grayson, Georgia this 19th day of October, 1989.

Page 5501

/s/ James A. Hinkle Mayor /s/ Michael Ayers Council Member /s/ D. A. Mudd Council Member /s/ Buddy E. Brownlee Council Member Council Member Attest: /s/ Jeanie L. Thomas Clerk 2nd Adoption Approved and adopted this second time by the Mayor and Council of the City of Grayson this 19th day of October, 1989. /s/ James A. Hinkle Mayor /s/ Mike Ayers Council Member City Seal /s/ D. A. Mudd Council Member

Page 5502

/s/ Buddy E. Brownlee Council Member Attest; /s/ Jeanie L. Thomas Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-7863-Public Notice-To Amend the Municipal Charter of the City of Grayson was published on October 6, 13, 14, 1989. /s/ T. Jones Thomas D. Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 3rd day of October, 1989. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia Public Notice The public is hereby notified that an amendment to the Municipal Charter of the City of Grayson has been proposed for final adoption at the next meeting of the Grayson City Council, October 19, 1989. The amendment will empower the City of Grayson to establish a municipal court for the purpose of enforcing ordinances and regulations adopted by the City.

Page 5503

The proposed amendment had been filed in the office of the Clerk of the City of Grayson and in the office of the Clerk of the Superior Court of Gwinnett County. It is available for public inspection in either location. Oct. 6-3tc Filed in the Office of the Secretary of State November 29, 1989.

Page I

APPELLATE COURTS SUPREME COURT OF GEORGIA As of May 1, 1990 HAROLD G. CLARKE..... Chief Justice GEORGE T. SMITH.....Presiding Justice CHARLES L. WELTNER..... Justice RICHARD BELL..... Justice WILLIS HUNT, JR...... Justice ROBERT BENHAM..... Justice NORMAN S. FLETCHER..... Justice JOLINE BATEMAN WILLIAMS..... Clerk NATHANIEL J. MIDDLETON..... Deputy Clerk LYNN M. HOGG.....Deputy Clerk WM. SCOTT HENWOOD..... Reporter FAYE S. ABBOTT.....Assistant Reporter COURT OF APPEALS OF GEORGIA As of February 28, 1990 GEORGE H. CARLEY..... Chief Judge WILLIAM LeROY McMURRAY, JR......Presiding Judge HAROLD R. BANKE.....Presiding Judge BRASWELL D. DEEN, JR......Presiding Judge A. W. BIRDSONG, JR...... Judge JOHN W. SOGNIER..... Judge MARION T. POPE, JR...... Judge DOROTHY TOTH BEASLEY..... Judge CLARENCE COOPER..... Judge VICTORIA McLAUGHLIN..... Clerk GAIL ARCENEAUX..... Special Deputy Clerk WM. SCOTT HENWOOD..... Reporter FAYE S. ABBOTT.....Assistant Reporter SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of May 1, 1990 ALAPAHA CIRCUIT HONS. W. D. KNIGHT, Chief Judge, P.O. Box 846, Nashville, GA 31639 BROOKS E. BLITCH III, Judge, P.O. Box 335, Homerville, GA 31634 BOB ELLIS, JR., D.A., P.O. Box 125, Nashville, GA 31639 AtkinsonFirst Monday in April and October BerrienFirst Monday in February and August ClinchThird Monday in March and September CookSecond Monday in January and July LanierFourth Monday in April and October

Page II

ALCOVY CIRCUIT HONS. MARVIN W. SORRELLS, Chief Judge, P.O. Box 805, Monroe, GA 30655 JOHN M. OTT, D.A., Newton County Courthouse, Covington, GA 30209 NewtonSecond and third Mondays in January, April, July, and October WaltonFirst and second Mondays in February, May, August, and November APPALACHIAN CIRCUIT HONS. BOBBY C. MILAM, Chief Judge, P.O. Box 576, Blue Ridge, GA 30513 ELIZABETH GLAZEBROOK, Judge, P.O. Box 545, Jasper, GA 30143 ROGER G. QUEEN, D.A., Gilmer County Courthouse, Ellijay, GA 30540 FanninSecond Monday in May and November GilmerSecond Monday in April and October PickensSecond Monday in March and September ATLANTA CIRCUIT HONS. PHILIP F. ETHERIDGE, Chief Judge, 801 Fulton County Courthouse, Atlanta, GA 30303 LUTHER ALVERSON, Judge, 205 Fulton County Courthouse, Atlanta, GA 30303 JOEL J. FRYER, Judge, 907 Fulton County Courthouse, Atlanta, GA 30303 FRANK M. ELDRIDGE, Judge, 615 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM W. DANIEL, Judge, 601 Fulton County Courthouse, Atlanta, GA 30303 ISAAC JENRETTE, Judge, 512 Fulton County Courthouse, Atlanta, GA 30303 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 405 Fulton County Courthouse, Atlanta, GA 30303 ED JOHNSON, Judge, 407 Fulton County Courthouse, Atlanta, GA 30303 LEAH SEARS-COLLINS, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 LEWIS R. SLATON, D.A., Third Floor, Fulton County Courthouse, Atlanta, GA 30303 FultonFirst Monday in January, March, May, July, September, and November ATLANTIC CIRCUIT HONS. JOHN R. HARVEY, Chief Judge, P.O. Box 1018, Pembroke, GA 31321-1018 JAMES EMORY FINDLEY, Judge, P.O. Box 910, Reidsville, GA 30453 DAVID L. CAVENDER, Judge, P.O. Box 713, Hinesville, GA 31313 DUPONT KIRK CHENEY, D.A., P.O. Box 9, Hinesville, GA 31313 BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April and October

Page III

AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Chief Judge, 305 City-County Building, Augusta, GA 30911 FRANKLIN H. PIERCE, Judge, 305 City-County Building, Augusta, GA 30911 ALBERT McELVEEN PICKETT, Judge, 311 City-County Building, Augusta, GA 30911 BERNARD J. MULHERIN, SR., Judge, 320 City-County Building, Augusta, GA 30911 JOHN H. RUFFIN, JR., Judge, 320 City-County Building, Augusta, GA 30911 MICHAEL C. EUBANKS, JR., D.A., A-121 City-County Building, Augusta, GA 30911 BurkeFourth Monday in April and October ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September, and November BLUE RIDGE CIRCUIT HONS. FRANK C. MILLS III, Chief Judge, Cherokee County Courthouse, Suite 20, Canton, GA 30114 RICHARD S. (STAN) GAULT, Judge, 160 Forsyth County Courthouse, Cumming, GA 30130 GARRY T. MOSS, D.A., P.O. Box 428, Canton, GA 30114 CherokeeSecond Monday in January, May, and September ForsythSecond Monday in March, July, and November BRUNSWICK CIRCUIT HONS. GORDON KNOX, JR., Chief Judge, P.O. Box 236, Hazlehurst, GA 31539 WILLIAM R. KILLIAN, Judge, P.O. Box 1553, Brunswick, GA 31521 A. BLENN TAYLOR, JR., Judge, P.O. Box 879, Brunswick, GA 31521 JAMES R. TUTEN, JR., Judge, P.O. Box 1473, Brunswick, GA 31521 GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup, GA 31545 ApplingSecond and third Monday in February; third and fourth Monday in October CamdenFirst Monday in April and November GlennSecond Monday in January, May and September Jeff DavisFirst and second Mondays in March; fourth Monday in September; first Monday in October WayneThird and fourth Mondays in April and November CHATTAHOOCHEE CIRCUIT HONS. E. MULLINS WHISNANT, Chief Judge, P.O. Box 1340, Columbus, GA 31993 WILLIAM J. (BILL) SMITH, Judge, P.O. Box 1340, Columbus, GA 31993 KENNETH B. FOLLOWILL, Judge, P.O. Box 1340, Columbus, GA 31993 MRS. RUFE E. McCOMBS, Judge, P.O. Box 1340, Columbus, GA 31993 DOUGLAS C. PULLEN, D.A., P.O. Box 1340, Columbus, GA 31993 ChattahoocheeFourth Monday in March and September HarrisSecond Monday in January, May, and September MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October, and December TalbotSecond Monday in March and November; third Monday in August TaylorSecond Monday in February, June, and October

Page IV

CHEROKEE CIRCUIT HONS. JERE F. WHITE, Chief Judge, P.O. Box 1047, Cartersville, GA 30120 TOM POPE, Judge, P.O. Box 1117, Calhoun, GA 30701 SHEPERD LEE HOWELL, Judge, Bartow County Courthouse, Cartersville, GA 30120 DARRELL E. WILSON, D.A., P.O. Box 907, Cartersville, GA 30120 BartowFirst Monday in February and August; fourth Monday in April; Third Monday in October GordonFirst Monday in March, June, and December; second Monday in September CLAYTON CIRCUIT HONS. JOE C. CRUMBLEY, Chief Judge, 309 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 WILLIAM H. BILL ISON, Judge, 315 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 STEPHEN E. BOSWELL, Judge, 209 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 KENNETH KILPATRICK, Judge, 215 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 ROBERT E. KELLER, D.A., 200 Clayton County Courthouse Annex, Jonesboro, GA 30236 ClaytonFirst Monday in February, May, August, and November COBB CIRCUIT HONS. WATSON L. WHITE, Chief Judge, 30 Waddell St., Marietta, GA 30090-9643 GRANT BRANTLEY, Judge, 30 Waddell St., Marietta, GA 30090-9643 DOROTHY A. ROBINSON, Judge, 30 Waddell St., Marietta, GA 30090-9643 HARRIS HINES, Judge, 30 Waddell St., Marietta, GA 30090-9643 GEORGE H. KREEGER, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CAUTHORN, Judge, 250 Hardage Dr., Marietta, GA 30064 ROBERT E. FLOURNOY, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CHARRON, D.A., 30 Waddell St., Marietta, GA 30090-9643 CobbSecond Monday in January, March, May, July, September, and November CONASAUGA CIRCUIT HONS. COY H. TEMPLES, Chief Judge, P.O. Box 732, Dalton, GA 30722 CHARLES A. PANNELL, JR., Judge, P.O. Box 596, Dalton, GA 30722 WILLIAM T. BOYETT, Judge, P.O. Box 2582, Dalton, GA 30722 JACK PARTAIN III, D.A., P.O. Box 953, Dalton, GA 30722-0953 MurraySecond Monday in February and August WhitfieldSecond Monday in January and July

Page V

CORDELE CIRCUIT HONS. WHITFIELD R. FORRESTER, Chief Judge, P.O. Box 701, Cordele, GA 31015 G. MALLON FAIRCLOTH, Judge, P.O. Box 873, Cordele, GA 31015 JOHN C. PRIDGEN, D.A., P.O. Box 5510, Cordele, GA 31015 Ben HillSecond and third Mondays in January; first and second Mondays in April; third and fourth Mondays in June; and third and fourth Mondays in September and Monday following CrispThird and fourth Mondays in February and Monday following; second, third, and fourth Mondays in May and November; second and third Mondays in August DoolyFourth Monday in January; and Monday following the third and fourth Mondays in April, July, and October WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Mondays in December COWETA CIRCUIT HONS. DEWEY SMITH, Chief Judge, P.O. Box 623, Carrollton, GA 30117 WILLIAM F. LEE, JR., Judge, P.O. Box 8, Newnan, GA 30264 ALLEN B. KEEBLE, Judge, Troup County Courthouse, LaGrange, GA 30240 WILLIAM GRADY HAMRICK, JR., D.A., P.O. Drawer Z, LaGrange, GA 30241 CarrollSecond Monday in January; first Monday in April and October; third Monday in June CowetaFirst Monday in March; first Tuesday in September HeardThird Monday in March and September MeriwetherThird Monday in February, May, August, and November TroupFirst Monday in February, May, August, and November DOUGHERTY CIRCUIT HONS. ASA D. KELLEY, JR., Chief Judge, P.O. Box 1827, Albany, GA 31703-5301 LORING ALBERT GRAY, Judge, P.O. Box 1827, Albany, GA 31703-5301 BRITT R. PRIDDY, D.A., P.O. Box 1827, Albany, GA 31703-5301 DoughertySecond Monday in January, March, May, July, September, and November DOUGLAS CIRCUIT HONS. ROBERT J. NOLAND, Chief Judge, P.O. Box 578, Douglasville, GA 30133 ROBERT J. BOB JAMES, Judge, P.O. Box 794, Douglasville, GA 30133 FRANK C. WINN, D.A., 205 Douglas County Courthouse, Douglasville, GA 30134 DouglasSecond Monday in April and October DUBLIN CIRCUIT HONS. WILLIAM MALCOLM TOWSON, Chief Judge, P.O. Box 2069, Dublin, GA 31040 DUBIGNION (DUB) DOUGLAS, Judge, P.O. Box 2117, Dublin, GA 31040 RALPH WALKE, D.A., P.O. Box 2029, Dublin, GA 31040 JohnsonThird Monday in March, June, September, and December LaurensFourth Monday in January, April, July, and October TreutlenThird Monday in February and August TwiggsSecond Monday in January, April, July, and October

Page VI

EASTERN CIRCUIT HONS. FRANK S. CHEATHAM, JR., Chief Judge, 212 Chatham County Courthouse, Savannah, GA 31499 EUGENE H. GADSDEN, Judge, 203 Chatham County Courthouse, Savannah, GA 31499 PERRY BRANNEN, JR., Judge, 204 Chatham County Courthouse, Savannah, GA 31499 JAMES HEAD, Judge, 209 Chatham County Courthouse, Savannah, GA 31499 SPENCER LAWTON, JR., D.A., P.O. Box 2309, Savannah, GA 31402 ChathamFirst Monday in March, June, September, and December FLINT CIRCUIT HONS. WILLIAM H. CRAIG, Chief Judge, Henry County Courthouse, McDonough, GA 30253 E. BYRON SMITH, Judge, Lamar County Courthouse, Barnesville, GA 30204 TOMMY FLOYD, D.A., Henry County Courthouse, McDonough, GA 30253 ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August HenrySecond, third, and fourth Mondays in January, April, July, and October LamarFirst and second Mondays in March, June, and December; second and third Mondays in September MonroeThird and fourth Mondays in February, May, and November; first and second Mondays in August GRIFFIN CIRCUIT HONS. ANDREW J. WHALEN, JR., Chief Judge, P.O. Box 627, Griffin, GA 30224 BEN J. MILLER, Judge, P.O. Box 307, Thomaston, GA 30286 PASCHAL A. ENGLISH, JR., Judge, Fayette County Government Annex, Fayetteville, GA 30214 FLETCHER SAMS, D.A., P.O. Box 1498, Fayetteville, GA 30214 FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June, and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT HONS. HOMER M. STARK, Chief Judge, P.O. Box 8, Lawrenceville, GA 30246 K. DAWSON JACKSON, Judge, 75 Langley Dr., Lawrenceville, GA 30245 JAMES A. HENDERSON, Judge, Gwinnett Justice and Administration Center, 75 Langley Dr., Lawrenceville, GA 30245 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, GA 30245 RICHARD T. WINEGARDEN, Judge, 75 Langley Dr., Lawrenceville, GA 30245 TOM LAWLER III, D.A., 75 Langley Dr., Lawrenceville, GA 30246 GwinnettFirst Monday in January, March, May, July, and November; second Monday in September HOUSTON CIRCUIT HONS. L.A. McCONNELL, JR., Chief Judge, 300 Houston County Courthouse, Perry, GA 31069 GEORGE FRANCIS NUNN, JR., Judge, 300 Houston County Courthouse, Perry, GA 31069 EDWARD D. LUKEMIRE, D.A., 1009 Jernigan St., Perry, GA 31069 HoustonFirst Monday in January, March, May, July, September, and November

Page VII

LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. LOGGINS, Chief Judge, P.O. Box 464, Summerville, GA 30747 JOE B. TUCKER, Judge, Catoosa County Courthouse, Ringgold, GA 30736 JON BOLLING WOOD, Judge, P.O. Box 1185, LaFayette, GA 30728 RALPH VAN PELT, JR., D.A., P.O. Box 1025, LaFayette, GA 30728 CatoosaFirst Monday in March; second Monday in September ChatoogaFirst Monday in February and August DadeFirst Monday in April; second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT HONS. C. CLOUD MORGAN, Chief Judge, 310 Bibb County Courthouse, Macon, GA 31201 WALKER P. JOHNSON, JR., Judge, 310 Bibb County Courthouse, Macon, GA 31201 TOMMY DAY WILCOX, Judge, 310 Bibb County Courthouse, Macon, GA 31201 BRYANT CULPEPPER, Judge, 310 Bibb County Courthouse, Macon, GA 31201 WILLIS SPARKS III, D.A., 3rd Floor, Grant Building, Macon, GA 31201 BibbFirst Monday in February, April, June, August, October, and December CrawfordThird and fourth Mondays in March and October PeachFirst and second Mondays in March and August; third and fourth Mondays in November MIDDLE CIRCUIT HONS. WALTER C. McMILLAN, JR., Chief Judge, P.O. Box 1015, Sandersville, GA 31082 MARVIN B. HARTLEY, JR., Judge, P.O. Box 869, Lyons, GA 30436 RICHARD A. MALONE, D.A., P.O. Drawer 1409, Swainsboro, GA 30401 CandlerFirst and second Mondays in February and August EmanuelSecond Monday in January, April, July, and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August, and November WashingtonFirst Monday in March, June, September, and December MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, Chief Judge, P.O. Box 485, Clarkesville, GA 30523 ROBERT B. STRUBLE, Judge, P.O. Box 758, Toccoa, GA 30577 MIKE CRAWFORD, D.A., P.O. Box 738, Clarkesville, GA 30523 HabershamJanuary 1 and July 1 RabunJanuary 1 and July 1 StephensJanuary 1 and July 1 TownsJanuary 1 and July 1 UnionJanuary 1 and July 1 NORTHEASTERN CIRCUIT HONS. J.D. SMITH, Chief Judge, P.O. Box 46, Gainesville, GA 30503 RICHARD WAYNE STORY, Judge, P.O. Box 1778, Gainesville, GA 30503 JOHN GIRARDEAU, Judge, P.O. Box 49, Gainesville, GA 30503 ANDY FULLER, D.A., P.O. Box 1690, Gainesville, GA 30503 DawsonFirst Monday in February and August HallFirst Monday in May and November; second Monday in January and July LumpkinFourth Monday in February and August WhiteFirst Monday in April and October

Page VIII

NORTHERN CIRCUIT HONS. WILLIAM F. GRANT, Chief Judge, P.O. Box 1009, Elberton, GA 30635 GEORGE H. BRYANT, Judge, P.O. Box 950, Hartwell, GA 30643 LINDSAY A. TISE, JR., D.A., P.O. Box 633, Hartwell, GA 30643 ElbertThird Monday in January; fourth Monday in July FranklinThird Monday in March and September HartThird Monday in February and August MadisonThird Monday in April and October OglethorpeThird Monday in May and November OCMULGEE CIRCUIT HONS. HUGH P. THOMPSON, Chief Judge, P.O. Drawer 1050, Milledgeville, GA 31061 WILLIAM A. PRIOR, JR., Judge, P.O. Box 728, Madison, GA 30650 JOHN LEE PARROTT, Judge, P.O. Box 500, Eatonton, GA 31024 JOE BRILEY, D.A., P.O. Box 361, Gray, GA 31032 BaldwinSecond Monday in January, April, July, and October GreeneFourth Monday in January, April, August, and November HancockFourth Monday in March and September JasperSecond Monday in February, May, August, and November JonesFirst Monday in February and August; third Monday in April and October MorganFirst Monday in March, June, September, and December PutnamThird Monday in March, June, September, and December WilkinsonFourth Monday in February; first Monday in April and October; third Monday in August OCONEE CIRCUIT HONS. HUGH LAWSON, Chief Judge, P.O. Box 269, Hawkinsville, GA 31036 PHILLIP R. WEST, Judge, P.O. Box 1058, Eastman, GA 31023-1058 JIM WIGGINS, D.A., P.O. Box 1027, Eastman, GA 31023 BleckleyFirst Monday in March; second Monday in July and November DodgeThird Monday in February, May, August, and November MontgomeryFirst Monday in February, May, August, and November PulaskiSecond and third Mondays in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Mondays in October WheelerSecond Monday in February and October; third Monday in June OGEECHEE CIRCUIT HONS. FAYE SANDERS MARTIN, Chief Judge, P.O. Box 803, Statesboro, GA 30458 WILLIAM J. NEVILLE, Judge, P.O. Box 1453, Statesboro, GA 30458 J. LANE JOHNSTON, D.A., P.O. Box 973, Statesboro, GA 30458 BullochFirst Monday in February, May, August, and November EffinghamFirst Monday in June and December JenkinsFirst Monday in March and September ScrevenSecond Monday in January; first Monday in April, July, and October

Page IX

PATAULA CIRCUIT HONS. PHILLIP SHEFFIELD, Chief Judge, P.O. Drawer 190, Blakely, GA 31723 LOWREY S. STONE, Judge, P.O. Drawer 687, Blakely, GA 31723 CHARLES M. FERGUSON, D.A., P.O. Box 331, Cuthbert, GA 31740 ClayThird Monday in March and November EarlyThird Monday in January and July MillerFourth Monday in February and October QuitmanFourth Monday in March and September RandolphFirst Monday in May and November SeminoleSecond Monday in April and October TerrellFirst Monday in June and December PIEDMONT CIRCUIT HONS. JAMES L. BROOKS, Chief Judge, P.O. Box 8, Jefferson, GA 30549 THADDEUS PENN McWHORTER, Judge, P.O. Box 685, Winder, GA 30680 TIM MADISON, D.A., P.O. Box 268, Winder, GA 30680 BanksFirst and second Mondays in April and October BarrowFirst and second Mondays in February and August; first Monday in May and November JacksonFirst and second Mondays in March; first Tuesday and third Monday in September ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, JR., Chief Judge, P.O. Box 289, Conyers, GA 30207 ROBERT F. MUMFORD, D.A., 212 Rockdale County Courthouse, Conyers, GA 30207 RockdaleFirst Monday in January, April, July, and October ROME CIRCUIT HONS. ROBERT G. WALTHER, Presiding Judge, Room 224, 12 E. 4th Ave., Rome, GA 30161 WALTER J. MATTHEWS, Judge, Room 107, 12 E. 4th Ave., Rome, GA 30161 LARRY SALMON, Judge, Room G-7, 12 E. 4th Ave., Rome, GA 30161 STEVE LANIER, D.A., 12 East Fourth Avenue, Rome, GA 30161 FloydSecond Monday in January, March, July, and September; first Monday in May and November SOUTH GEORGIA CIRCUIT HONS. A. WALLACE CATO, Chief Judge, P.O. Box 65, Bainbridge, GA 31717 WILLARD H. CHASON, Judge, P.O. Box 729, Cairo, GA 31728 J. BROWN MOSELEY, D.A., P.O. Box 1843, Bainbridge, GA 31717 BakerThird Monday in January and July CalhounLast Monday in May and November DecaturFirst Monday in February, May, August, and November GradyThird Monday in March and September MitchellSecond Monday in January and July; third Monday in April and October

Page X

SOUTHERN CIRCUIT HONS. GEORGE A. HORKAN, JR., Chief Judge, P.O. Box 682, Moultrie, GA 31776-0682 ROY MILLER LILLY, Judge, P.O. Box 71, Thomasville, GA 31799 H. ARTHUR McLANE, Judge, P.O. Box 1349, Valdosta, GA 31603 H. LAMAR COLE, D.A., P.O. Box 99, Valdosta, GA 31603-0099 BrooksFirst Monday in April and November ColquittFirst Monday in February and August EcholsFirst Monday in February and August LowndesFirst Monday in March and the first Tuesday immediately following the first Monday in September ThomasFirst Monday in April and October SOUTHWESTERN CIRCUIT HONS. WILLIAM F. BLANKS, Chief Judge, P.O. Box 784, Americus, GA 31709 THAD GIBSON, Judge, P.O. Box 784, Americus, GA 31709 JOHN R. PARKS, D.A., P.O. Box 1328, Americus, GA 31709 LeeFourth Monday in April and October MaconSecond Monday in May and November SchleySecond Monday in February and August StewartThird Monday in March and September SumterFourth Monday in February, May, and August; Monday following the fourth Thursday in November WebsterSecond Monday in January and July STONE MOUNTAIN CIRCUIT HONS. CURTIS V. TILLMAN, Chief Judge, 306 DeKalb County Courthouse, Decatur, GA 30030 HILTON FULLER, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030 JAMES H. (JIM) WEEKS, Judge, 304 DeKalb County Courthouse, Decatur, GA 30030 DAN COURSEY, JR., Judge, 303 DeKalb County Courthouse, Decatur, GA 30030 CAROL W. HUNSTEIN, Judge, 504 DeKalb County Courthouse, Decatur, GA 30030 ROBERT JOSEPH CASTELLANI, Judge, 402 DeKalb County Courthouse, Decatur, GA 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030 JONATHAN C. PETERS, Judge, 900 DeKalb County Courthouse, Decatur, GA 30030 ROBERT P. MALLIS, Judge, DeKalb County Courthouse, Decatur, GA 30030 BOB WILSON, D.A., 7th Floor, DeKalb County Courthouse, Decatur, GA 30030 DeKalbFirst Monday in January, March, May, July, September, and November TALLAPOOSA CIRCUIT HONS. ARTHUR W. FUDGER, Chief Judge, P.O. Box 186, Buchanan, GA 30113 F. MARION CUMMINGS, Judge, 106 Polk County Courthouse, Cedartown, GA 30125 W.A. (BILL) FOSTER III, D.A., Paulding County Courthouse, Dallas, GA 30312 HaralsonThird Monday in March and November PauldingThird Monday in February and October PolkThird Monday in January and September

Page XI

TIFTON CIRCUIT HONS. W.J. FOREHAND, Chief Judge, P.O. Box 1465, Tifton, GA 31794 JOHN D. CROSBY, Judge, P.O. Box 891, Tifton, GA 31794 DAVID E. PERRY, D.A., P.O. Box 1252, Tifton, GA 31793 IrwinThird and fourth Mondays in February; second and third Mondays in May and November TiftFirst Monday in March and September; first and second Mondays in June and December TurnerSecond and third Mondays in January and July; second Monday in April and October WorthFourth Monday in January, April, July, and October TOOMBS CIRCUIT HONS. ROBERT L. STEVENS, Chief Judge, P.O. Box 27, Thomson, GA 30824 E. PURNELL DAVIS II, Judge, P.O. Box 66, Warrenton, GA 30828 DENNIS CARL SANDERS, D.A., P.O. Box 966, Thomson, GA 30824 GlascockThird Monday in February, May, August, and November LincolnFourth Monday in January and July; third Monday in April and October McDuffieSecond Monday in March, June, September, and December TaliaferroFourth Monday in February, May, August, and November WarrenThird Monday in January; first Monday in April, July, and October WilkesFirst Monday in February, May, August, and November WAYCROSS CIRCUIT HONS. ELIE L. HOLTON, Chief Judge, P.O. Box 1205, Douglas, GA 31533 CLARENCE D. BLOUNT, Judge, Ware County Courthouse, Waycross, GA 31501 JOSEPH B. NEWTON, Judge, P.O. Box 1507, Waycross, GA 31502 DONNIE DIXON, D.A., 201 State Street, Waycross, GA 31501 BaconThird Monday in April; second Monday in October BrantleyFourth Monday in January; second Monday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May and December WareFirst Monday in April; second Monday in November WESTERN CIRCUIT HONS. JAMES BARROW, Chief Judge, P.O. Box 167, Athens, GA 30603 JOSEPH J. GAINES, Judge, P.O. Box 8045, Athens, GA 30603 HARRY N. GORDON, D.A., 193 E. Hancock Ave., Athens, GA 30601 ClarkeSecond Monday in January, April, July, and October OconeeSecond Monday in March and September

Page XII

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Ad valorem taxation of conservation use property, agricultural and timber lands, standing timber, and residential transitional property 2437 Divorce actions; venue and jurisdiction 2430 Education trust fund; assistance to students and parents; postsecondary education 2433 Emerging crops loan fund; authorized 2445 Emerging crops loan fund; financial assistance to farmers 2441 Indemnification of licensed emergency rescue specialists; killed or permanently disabled 2432 Municipal courts; jurisdiction of state offenses 2440 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Public officials; holding office after felony conviction involving moral turpitude 2443 Sovereign immunity and official immunity 2435 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-3-1; amended 1903 Code Section 1-3-4.1; amended 1397 Code Section 1-4-8; enacted 175 Code Section 1-4-8; enacted 1061 Code Section 2-3-5; amended 872 Code Section 2-3-20; enacted Vetoed HB 1889 Code Section 2-3-21; enacted Vetoed HB 1889 Code Section 2-3-22; enacted Vetoed HB 1889 Code Section 2-3-23; enacted Vetoed HB 1889 Code Section 2-5-51; redesignated as Code Section 2-8-51 8 Code Section 2-7-99; amended 1253 Code Section 2-7-156; amended 5 Code Section 2-7-170; revised 8 Code Section 2-8-35; revised 8 Code Section 2-8-37; revised 8 Code Section 2-8-75; revised 8 Code Title 2, Chapter 8A; enacted 1696 Code Section 2-10-52; amended 320 Code Section 2-10-58; amended 320 Code Section 2-12-10; revised 8 Code Section 2-14-41; amended 373 Code Section 2-14-42; amended 373 Code Section 2-14-43; amended 373 Code Section 2-14-44; amended 373 Code Section 2-14-45; amended 373 Code Sections 2-14-120 through 2-14-123; enacted 338 Code Section 3-3-7; revised 8 Code Section 4-4-5; amended 572 Code Section 4-11-2; amended 1650 Code Section 4-11-3; amended 1650 Code Section 4-11-5.1; enacted 1686 Code Section 4-11-9.1; enacted 1650 Code Title 4, Chapter 11, Article 2; enacted 328

Page XIII

Code Section 5-6-35; amended Vetoed SB , 238 Code Section 7-1-241; amended 301 Code Section 7-1-242; amended 301 Code Section 7-1-394; revised 8 Code Section 7-1-484; revised 8 Code Section 7-1-650; amended 300 Code Section 7-1-681; amended 362 Code Title 7, Chapter 1, Article 4A; enacted 739 Code Section 7-1-911; amended 362 Code Section 7-1-912; amended 362 Code Section 7-1-941; amended 176 Code Section 7-1-942; amended 176 Code Section 7-1-943; amended 176 Code Section 7-1-951; amended 176 Code Section 7-5-4; amended 1 Code Section 8-2-1; amended 1212 Code Section 8-2-2; enacted 1212 Code Section 8-2-3; enacted 1212 Code Section 8-2-20; amended 1364 Code Section 8-2-25; amended 1364 Code Section 8-3-79; revised 8 Code Section 8-3-171; amended 1039 Code Section 8-3-172; amended 1039 Code Section 8-3-176; revised 8 Code Section 8-3-176; amended 1039 Code Section 8-3-176.1; enacted 2024 Code Section 8-3-177; amended 1039 Code Section 8-3-177; amended 45 Code Section 8-3-180; amended 1039 Code Section 8-3-186; amended 1039 Code Section 8-3-199; amended 45 Code Title 8, Chapter 3, Article 4; amended 1284 Code Section 8-3-301; revised 8 Code Section 9-2-61; amended 876 Code Section 9-9-84; enacted 573 Code Section 9-13-13; amended 298 Code Section 9-13-161; amended 1731 Code Section 10-1-266; amended 647 Code Section 10-1-268; amended 1434 Code Section 10-1-269; amended 647 Code Section 10-1-393; amended 1653 Code Section 10-1-510; enacted 164 Code Section 10-1-628; enacted 1004 Code Section 10-1-641; amended 1004 Code Section 10-1-651; amended 1004 Code Section 10-1-662; amended 1004 Code Section 10-1-665; enacted 1004 Code Section 10-1-666; enacted 1004 Code Section 10-1-667; enacted 1004 Code Section 10-1-668; enacted 1004 Code Title 10, Chapter 1, Article 27; amended 1560 Code Section 10-1-780; enacted 1013

Page XIV

Code Section 10-1-781; enacted 1013 Code Section 10-1-782; enacted 1013 Code Section 10-1-783; enacted 1013 Code Section 10-1-784; enacted 1013 Code Section 10-1-785; enacted 1013 Code Section 10-1-786; enacted 1013 Code Section 10-1-787; enacted 1013 Code Section 10-1-788; enacted 1013 Code Section 10-1-789; enacted 1013 Code Section 10-1-790; enacted 1013 Code Section 10-1-791; enacted 1013 Code Section 10-1-792; enacted 1013 Code Section 10-1-793; enacted 1013 Code Section 10-1-794; enacted 1013 Code Section 10-4-10; amended 340 Code Section 10-4-106; amended 137 Code Section 10-5-2; amended 1332 Code Section 10-5-2; amended 1534 Code Section 10-5-3; amended 1534 Code Section 10-5-5; amended 1534 Code Section 10-5-7; amended 1534 Code Section 10-5-9; amended 1534 Code Section 10-5-9; amended 1332 Code Section 10-5-11; amended 1534 Code Section 10-5-12; amended 1534 Code Section 10-5-12; amended 1332 Code Section 10-5-13; amended 1534 Code Section 10-5-14; amended 1332 Code Section 10-5-14; amended 1534 Code Section 10-5-23; amended 1534 Code Section 10-5-24; amended 1534 Code Section 12-2-1; amended 223 Code Section 12-3-3; revised 8 Code Section 12-3-193; amended 872 Code Section 12-3-233; amended 872 Code Section 12-3-312; amended 872 Code Section 12-3-401; amended 872 Code Section 12-3-472; amended 6 Code Section 12-3-502; revised 8 Code Sections 12-3-520 through 12-3-534; enacted 1062 Code Sections 12-3-550 through 12-3-554; enacted 1079 Code Section 12-5-23.1; enacted 1207 Code Section 12-5-27.1; revised 8 Code Section 12-5-27.1; amended 1203 Code Section 12-5-29; amended 1218 Code Section 12-5-29.1; enacted 1216 Code Section 12-5-30.2; enacted 1201 Code Section 12-5-52; amended 1211 Code Section 12-5-281; revised 8 Code Section 12-5-372; amended 326 Code Section 12-5-375; amended 326 Code Section 12-5-451; revised 8

Page XV

Code Section 12-5-453; revised 8 Code Section 12-7-6; revised 8 Code Title 12, Chapter 8, Article 2; amended 412 Code Section 12-8-23; revised 8 Code Section 12-8-23.1; amended 1222 Code Section 12-8-25.2; amended 1222 Code Section 12-8-27; amended 223 Code Section 12-8-27; revised 8 Code Section 12-8-28.1; revised 8 Code Section 12-8-44; revised 8 Code Section 12-8-62; amended 1427 Code Section 12-8-65.1; enacted 1427 Code Section 12-8-65.2; enacted 1427 Code Section 12-8-65.3; enacted 1427 Code Section 12-8-65.4; enacted 1427 Code Section 12-8-66; amended 1427 Code Section 12-8-102; amended 1983 Code Section 12-8-112.1; amended 1983 Code Section 12-11-10; amended 1256 Code Section 12-11-11; amended 1256 Code Section 12-12-26; amended 285 Code Title 12, Chapter 15; enacted 861 Code Section 13-8-2; amended 1676 Code Section 13-8-2.1; enacted 1676 Code Section 14-2-140; amended 257 Code Section 14-2-201.1; amended 257 Code Section 14-2-302; amended 257 Code Section 14-2-402; amended 257 Code Section 14-2-824; amended 257 Code Section 14-2-915; amended 257 Code Section 14-2-920; amended 257 Code Section 14-2-921; amended 257 Code Section 14-2-932; amended 257 Code Section 14-2-933; amended 257 Code Section 14-2-941; amended 257 Code Section 14-2-1006.1; amended 257 Code Section 14-2-1021; amended 257 Code Section 14-2-1105; amended 257 Code Section 14-2-1105.1; amended 257 Code Section 14-2-1106; amended 257 Code Section 14-2-1131; amended 257 Code Section 14-2-1132; amended 257 Code Section 14-2-1326; amended 257 Code Section 14-2-1327; amended 257 Code Section 14-2-1403.1; amended 257 Code Section 14-2-1408; amended 257 Code Section 14-2-1421; amended 257 Code Section 14-2-1433; amended 257 Code Section 14-2-1502; amended 257 Code Section 14-2-1510; amended 257 Code Section 14-3-132; amended 257 Code Section 14-3-153; amended 257

Page XVI

Code Section 14-3-173; amended 257 Code Section 14-3-216; amended 257 Code Section 14-3-293; repealed 257 Code Section 14-8-42; amended 257 Code Section 14-9-102; amended 257 Code Section 14-9-103; amended 257 Code Section 15-1-4; amended 590 Code Section 15-1-9.1; amended 497 Code Section 15-1-9.1; amended 920 Code Section 15-1-9.1; amended 343 Code Section 15-1-9.1; revised 8 Code Section 15-1-11; revised 8 Code Section 15-6-2; amended Vetoed SB 548 Code Section 15-6-2; amended 497 Code Section 15-6-2; amended 474 Code Section 15-6-2; amended 471 Code Section 15-6-2; amended 489 Code Section 15-6-3; amended 920 Code Section 15-6-15; revised 8 Code Section 15-6-21; revised 8 Code Section 15-6-25; amended 1226 Code Section 15-6-50.1; revised 8 Code Section 15-6-50.2; enacted 162 Code Section 15-6-67; amended 1505 Code Section 15-6-67; revised 8 Code Section 15-6-77; amended 805 Code Section 15-7-21; amended 349 Code Section 15-7-25; amended 343 Code Section 15-9-1.1; amended 312 Code Section 15-9-11.1; amended 568 Code Section 15-9-16; revised 8 Code Section 15-9-34; amended 1421 Code Section 15-9-65; revised 8 Code Section 15-9-66; revised 8 Code Section 15-9-67; revised 8 Code Section 15-9-86.1; revised 8 Code Section 15-9-86.1; amended 45 Code Section 15-9-121; amended 1421 Code Section 15-10-8; enacted 297 Code Section 15-10-24; amended 336 Code Section 15-10-25; amended 336 Code Section 15-10-50; amended 886 Code Section 15-10-131; revised 8 Code Section 15-10-134; revised 8 Code Section 15-10-137; revised 8 Code Section 15-11-2; amended 1691 Code Section 15-11-2; amended 1930 Code Section 15-11-3.1; amended 1691 Code Section 15-11-4.1; amended 1691 Code Section 15-11-5; amended 1572 Code Section 15-11-10; amended 1691 Code Section 15-11-20; amended 1351

Page XVII

Code Section 15-11-30; amended 1930 Code Section 15-11-35; amended 1691 Code Section 15-11-38; amended 1930 Code Section 15-11-39; amended 1930 Code Section 15-11-41; amended 1765 Code Section 15-11-41; revised 8 Code Section 15-11-50; amended 1691 Code Section 15-11-56.1; enacted 1871 Code Section 15-11-58; amended 1930 Code Section 15-11-59; amended 1930 Code Section 15-11-81; amended 1572 Code Section 15-11-81; amended 1425 Code Section 15-11-83; amended 1572 Code Section 15-16-1; revised 8 Code Section 15-18-14; revised 8 Code Section 15-18-14; amended 1235 Code Section 15-18-17; amended 1226 Code Section 15-18-22; revised 8 Code Section 15-18-22; amended 1166 Code Section 15-18-28; enacted 1363 Code Section 15-18-43; revised 8 Code Section 15-18-44; revised 8 Code Section 15-19-3; revised 8 Code Section 15-20-3; amended 1166 Code Section 15-20-4; revised 8 Code Section 15-20-9; revised 8 Code Section 15-21-92; revised 8 Code Title 15, Chapter 21, Article 6; enacted 2018 Code Section 16-5-61; amended 1690 Code Section 16-6-5.1; amended 1003 Code Section 16-6-22.1; enacted 1003 Code Section 16-6-22.2; enacted 1003 Code Section 16-7-29; repealed 2048 Code Section 16-7-29; amended 881 Code Section 16-7-40; revised 8 Code Section 16-7-42; revised 8 Code Section 16-7-44; revised 8 Code Section 16-7-45; revised 8 Code Section 16-7-46; revised 8 Code Section 16-7-64; amended Vetoed HB 1512 Code Section 16-9-5; enacted 1440 Code Section 16-9-20; revised 8 Code Section 16-9-30; amended 304 Code Section 16-9-33; amended 304 Code Section 16-9-36.1; enacted 304 Code Section 16-11-129; amended 138 Code Section 16-11-129; amended 2012 Code Section 16-11-130; amended 558 Code Section 16-12-5; enacted 1866 Code Section 16-12-24.1; enacted Vetoed HB 1512 Code Section 16-12-32; amended 587 Code Section 16-12-35; amended Vetoed SB 412

Page XVIII

Code Section 16-12-53; amended 1944 Code Section 16-13-25; revised 8 Code Section 16-13-25; amended 640 Code Section 16-13-28; revised 8 Code Section 16-13-29.1; revised 8 Code Section 16-13-30; amended 992 Code Section 16-13-32.4; enacted 1097 Code Section 16-13-71; amended 640 Code Section 16-13-110; enacted 2009 Code Section 16-13-111; enacted 2009 Code Section 16-13-112; enacted 2009 Code Section 16-13-113; enacted 2009 Code Section 16-13-114; enacted 2009 Code Section 16-14-3; revised 8 Code Section 16-14-15; amended 322 Code Section 17-4-40; revised 8 Code Section 17-5-20; amended 1980 Code Section 17-5-21; amended 1980 Code Section 17-5-31; revised 8 Code Section 17-6-1; revised 8 Code Section 17-6-2; revised 8 Code Section 17-6-11; revised 8 Code Section 17-6-70; revised 8 Code Section 17-6-71; revised 8 Code Section 17-6-71; amended 2336 Code Section 17-6-72; amended 2336 Code Section 17-6-110; revised 8 Code Section 17-7-91; revised 8 Code Section 17-7-171; revised 8 Code Section 17-8-55; revised 8 Code Section 17-10-2; revised 8 Code Section 17-10-8; amended 1408 Code Section 17-10-12; revised 8 Code Section 17-10-14; amended 1930 Code Section 17-12-41; revised 8 Code Section 17-12-61; revised 8 Code Section 17-12-72; revised 8 Code Section 17-13-34; revised 8 Code Section 17-15-2; revised 8 Code Section 17-15-4; revised 8 Code Section 17-15-6; revised 8 Code Section 18-4-22; amended 360 Code Section 18-4-22.1; repealed 360 Code Title 19, Chapter 1; amended 1785 Code Section 19-5-10; amended 1315 Code Section 19-6-33; revised 8 Code Section 19-7-3; amended 1572 Code Section 19-7-5; amended 1761 Code Title 19, Chapter 8; amended 1572 Code Section 19-8-6; amended 1034 Code Section 19-9-3; amended 1423 Code Section 19-9-6; enacted 1423

Page XIX

Code Section 19-11-53; amended 1832 Code Section 20-1-20; enacted 2037 Code Section 20-1-21; enacted 2037 Code Section 20-1-22; enacted 2037 Code Section 20-1-23; enacted 2037 Code Section 20-1-24; enacted 2037 Code Section 20-1-25; enacted 2037 Code Section 20-1-26; enacted 2037 Code Section 20-1-27; enacted 2037 Code Section 20-2-13; amended 1972 Code Section 20-2-54.1; amended 1261 Code Section 20-2-63; repealed 1343 Code Section 20-2-102; revised 8 Code Section 20-2-142; amended 1972 Code Section 20-2-144; enacted 2043 Code Section 20-2-150; amended 1354 Code Section 20-2-151; amended 1359 Code Section 20-2-160; amended 1354 Code Section 20-2-161; amended 847 Code Section 20-2-162; amended 1354 Code Section 20-2-165; amended 1354 Code Section 20-2-167; amended 1972 Code Section 20-2-167; amended 847 Code Section 20-2-168; amended 1269 Code Section 20-2-181; amended 847 Code Section 20-2-182; amended 918 Code Section 20-2-182; amended 847 Code Section 20-2-186; amended 847 Code Section 20-2-200; amended 1312 Code Section 20-2-200; amended 1487 Code Section 20-2-200; amended 1339 Code Section 20-2-217; enacted 1254 Code Section 20-2-270; amended 1972 Code Section 20-2-290; amended 892 Code Section 20-2-292; amended Vetoed SB 411 Code Section 20-2-294; enacted Vetoed SB 411 Code Section 20-2-320; amended 1256 Code Section 20-2-504; amended 1035 Code Section 20-2-506; enacted 1035 Code Title 20, Chapter 2, Article 13; repealed 1344 Code Section 20-2-695; amended 688 Code Section 20-2-780; enacted 344 Code Section 20-2-795.1; enacted 1867 Code Section 20-2-833; amended 1354 Code Section 20-2-853; revised 8 Code Section 20-2-881; amended 1924 Code Section 20-2-911; amended 1924 Code Title 20, Chapter 2, Article 20; enacted 1132 Code Section 21-5-50; amended 922 Code Section 20-2-1075; enacted 917 Code Section 20-2-1184; enacted 1834 Code Title 20, Chapter 3, Article 2, Part 4; enacted 2033

Page XX

Code Title 20, Chapter 3, Article 3; repealed 1166 Code Title 20, Chapter 4, Article 4; repealed 1166 Code Section 20-3-234; amended 1903 Code Title 20, Chapter 3, Article 7; amended 1166 Code Section 20-3-422; amended 1903 Code Section 20-3-423; amended 1903 Code Title 20, Chapter 3, Article 9; amended 579 Code Title 20, Chapter 3, Article 10; enacted 1448 Code Section 20-4-10; amended 1903 Code Section 20-4-31; amended 1972 Code Sections 20-13-1 through 20-13-12; enacted 594 Code Section 21-2-4.1; amended 1903 Code Section 21-2-40; amended 243 Code Section 21-2-213; amended 1238 Code Section 21-2-132; amended 243 Code Section 21-2-140; enacted 2015 Code Section 21-2-153; amended 243 Code Section 21-2-154; amended 243 Code Section 21-2-170; amended 243 Code Section 21-2-172; amended 53 Code Section 21-2-211; amended 1282 Code Section 21-2-212; amended 243 Code Section 21-2-212; amended Vetoed HB 1419 Code Section 21-2-212; amended 143 Code Section 21-2-217; amended 143 Code Section 21-2-221; amended 143 Code Section 21-2-241; amended 243 Code Section 21-2-310; amended 243 Code Section 21-2-381; amended 143 Code Section 21-2-384; amended 143 Code Section 21-2-385; amended 143 Code Section 21-2-386; amended 143 Code Section 21-2-409; amended 53 Code Section 21-2-540; amended Vetoed HB 1628 Code Section 21-2-600; enacted 143 Code Section 21-3-51; amended 1399 Code Section 21-3-52; amended 243 Code Section 21-3-52; amended Vetoed HB 1628 Code Section 21-3-53; amended 243 Code Section 21-3-53; amended Vetoed HB 1628 Code Section 21-3-90; amended 243 Code Section 21-3-120; amended 143 Code Section 21-3-120; amended Vetoed HB 1419 Code Section 21-3-121; amended 1238 Code Section 21-3-125; amended 143 Code Section 21-3-140; amended 243 Code Section 21-3-210; amended 243 Code Section 21-3-280; amended 143 Code Section 21-3-283; amended 143 Code Section 21-3-284; amended 143 Code Section 21-3-285; amended 143 Code Section 21-3-286; amended 143

Page XXI

Code Section 21-3-318; amended 53 Code Section 21-3-322; amended 243 Code Section 21-3-480; enacted 143 Code Section 21-4-3; amended 1939 Code Section 21-4-5; amended 1939 Code Section 21-4-6; amended 1939 Code Section 21-4-11; amended 1939 Code Section 21-5-3; amended 922 Code Section 21-5-30; amended 922 Code Section 21-5-30.2; enacted 368 Code Section 21-5-33; amended 1327 Code Section 21-5-34; amended 643 Code Section 21-5-34; amended 922 Code Section 21-5-35; amended 922 Code Title 21, Chapter 5, Article 2A; enacted 922 Code Section 21-5-50; amended 922 Code Section 22-3-60; amended 731 Code Section 22-3-61; amended 731 Code Section 22-3-62; amended 731 Code Section 22-4-2; revised 8 Code Section 22-4-10; revised 8 Code Section 24-9-5; amended 1795 Code Section 24-9-30; enacted 167 Code Section 24-9-47; amended 705 Code Section 24-10-27; amended 1446 Code Section 25-2-13; amended 1500 Code Section 25-2-16; amended Vetoed SB 716 Code Section 25-3-23; amended 354 Code Title 25, Chapter 9; amended 805 Code Section 26-2-26; amended 318 Code Section 26-2-26; revised 8 Code Section 26-2-32; amended 391 Code Section 26-4-80; revised 8 Code Section 27-1-5; amended 223 Code Section 27-1-18; amended 376 Code Section 27-2-4; amended 45 Code Section 27-2-9; amended 386 Code Section 27-2-23; amended 2422 Code Section 27-2-23; amended 386 Code Section 27-3-4; amended 380 Code Section 27-3-4; revised 8 Code Section 27-3-110; amended 386 Code Section 27-3-114; amended 386 Code Section 27-4-10; amended 762 Code Section 27-4-11; amended 762 Code Section 28-4-1; amended 366 Code Section 28-4-3; amended 782 Code Section 28-4-6; amended 366 Code Section 29-2-16; amended 642 Code Section 29-5-6; amended 764 Code Section 29-5-9; amended 764 Code Section 29-6-1; amended 45

Page XXII

Code Section 29-6-2; amended 45 Code Section 29-6-3; amended 45 Code Section 29-6-4; amended 45 Code Section 29-6-6; amended 45 Code Section 29-6-8; amended 45 Code Section 29-6-11; amended 45 Code Section 29-6-12; amended 45 Code Section 29-6-13; amended 45 Code Section 29-6-14; amended 45 Code Section 29-6-15; amended 45 Code Section 29-6-16; amended 45 Code Section 29-6-18; amended 45 Code Section 30-7-5; amended 1943 Code Section 31-2-4; amended 791 Code Section 31-6-20; amended 1903 Code Section 31-6-44; amended 1903 Code Section 31-6-44; amended 1469 Code Section 31-6-45.1; enacted 860 Code Section 31-7-1; amended 381 Code Section 31-7-3.1; enacted 1810 Code Section 31-7-7; amended 561 Code Section 31-7-8; amended 561 Code Section 31-7-75; amended 310 Code Section 31-7-155; amended 378 Code Section 31-7-190; amended 894 Code Section 31-7-191; amended 894 Code Section 31-7-192; amended 894 Code Section 31-7-193; amended 894 Code Section 31-7-194; amended 894 Code Section 31-7-195; amended 894 Code Section 31-7-196; amended 894 Code Section 31-7-197; amended 894 Code Section 31-7-198; amended 894 Code Section 31-7-201; amended 894 Code Section 31-7-206; amended 894 Code Sections 31-8-150 through 31-8-159; enacted 139 Code Section 31-9-6.1; amended 1400 Code Section 31-12-6; revised 8 Code Title 31, Chapter 13; amended 711 Code Section 31-20-2; amended 325 Code Section 31-22-9.2; amended 705 Code Section 31-30-3; amended 45 Code Title 31, Chapter 36; enacted 1101 Code Title 31, Chapter 36; enacted 1051 Code Section 32-2-20; amended 296 Code Section 32-6-24; amended 255 Code Section 32-9-3; repealed 915 Code Section 32-10-65.1; enacted 8 Code Section 33-1-16; enacted 1477 Code Section 33-2-8.1; revised 8 Code Section 33-2-8.1; amended 1496 Code Section 33-2-11; revised 8

Page XXIII

Code Section 33-3-5; amended 1275 Code Section 33-3-6; amended 1275 Code Section 33-3-7; amended 1275 Code Section 33-7-14; amended 1275 Code Section 33-9-21; amended 1409 Code Section 33-11-25.1; amended 45 Code Section 33-14-61; amended 1275 Code Section 33-17-16; amended 1275 Code Section 33-23-63; revised 8 Code Section 33-24-2; revised 8 Code Section 33-24-5; revised 8 Code Section 33-24-6; amended 1000 Code Section 33-24-6; amended 132 Code Section 33-24-21; revised 8 Code Section 33-24-21.1; revised 8 Code Section 33-24-22; amended 1572 Code Section 33-27-1; amended 1402 Code Section 33-27-1; revised 8 Code Section 33-27-8; enacted 1402 Code Section 33-27-9; enacted 1402 Code Section 33-28-3; revised 8 Code Section 33-29-2; amended 1402 Code Section 33-29-3; revised 8 Code Section 33-29-3.2; enacted 1057 Code Section 33-30-1; amended 1402 Code Section 33-30-4.2; enacted 1057 Code Section 33-30-28; enacted 1402 Code Section 33-30-29; enacted 1402 Code Section 33-31-5; revised 8 Code Section 33-33-11; amended 1283 Code Section 33-34-10.1; repealed 2048 Code Section 33-34-10.2; repealed 2048 Code Section 33-34-11; repealed 2048 Code Section 33-34-11; amended 1236 Code Section 33-34-12; repealed 2048 Code Section 33-34-12; revised 8 Code Section 33-34-12.1; repealed 2048 Code Section 33-34-12.2; repealed 2048 Code Section 33-34-12.3; repealed 2048 Code Section 33-34-13; repealed 2048 Code Section 33-34-14; repealed 2048 Code Section 33-34-16; amended 194 Code Section 33-34-16.1; enacted 1477 Code Section 33-34-16.2; enacted 1477 Code Section 33-34-16.3; enacted 1477 Code Section 33-34-17; repealed 2048 Code Section 33-35-1; revised 8 Code Section 33-35-2; revised 8 Code Section 33-35-4; revised 8 Code Section 33-35-10; revised 8 Code Section 33-35-11; revised 8 Code Section 33-35-12; revised 8

Page XXIV

Code Section 33-35-15; revised 8 Code Section 33-35-21; revised 8 Code Section 33-36-8; revised 8 Code Section 33-37-17; revised 8 Code Section 33-38-9; revised 8 Code Section 33-38-15; amended 1367 Code Section 33-39-3; revised 8 Code Section 33-39-9; revised 8 Code Section 33-39-11; revised 8 Code Section 33-43-2; revised 8 Code Section 33-43-4; amended 814 Code Section 33-43-5; amended 814 Code Section 33-44-2; revised 8 Code Section 33-44-3; revised 8 Code Section 33-44-7; revised 8 Code Title 33, Chapter 45; enacted 1817 Code Title 33, Chapter 45; enacted 1088 Code Section 34-1-3; amended 590 Code Section 34-8-40; amended 870 Code Section 34-9-1; amended 1501 Code Section 34-9-2.3; enacted 293 Code Section 34-9-11; amended 1164 Code Section 34-9-13; revised 8 Code Section 34-9-13; amended 1409 Code Section 34-9-17; amended 1147 Code Section 34-9-52; amended 1409 Code Section 34-9-81.1; revised 8 Code Section 34-9-104; amended 1409 Code Section 34-9-124.1; enacted 392 Code Section 34-9-124.1; enacted 1087 Code Section 34-9-133; amended 781 Code Section 34-9-161; amended 997 Code Section 34-9-163; amended 997 Code Section 34-9-170; repealed 997 Code Section 34-9-171; amended 997 Code Section 34-9-200; amended 1409 Code Section 34-9-200.1; amended 1409 Code Section 34-9-201; amended 1409 Code Section 34-9-202; amended 1409 Code Section 34-9-205; amended 1409 Code Section 34-9-206; amended 1409 Code Section 34-9-220; amended 1409 Code Section 34-9-221; amended 1409 Code Section 34-9-243; amended 1409 Code Section 34-9-244; enacted 1409 Code Section 34-9-261; amended 1409 Code Section 34-9-262; amended 1409 Code Sections 34-9-380 through 34-9-389; enacted 770 Code Section 34-11-7; amended 816 Code Title 34, Chapter 13; amended 1945 Code Section 35-2-32; amended 1329 Code Section 35-2-43; amended 283

Page XXV

Code Section 35-3-9; amended 540 Code Section 35-3-15; enacted 1735 Code Section 35-3-35; amended 1831 Code Section 35-6A-3; revised 8 Code Section 36-1-16; amended 1345 Code Section 36-1-20; amended 1345 Code Section 36-1-24; enacted 1689 Code Section 36-9-2.1; enacted 133 Code Section 36-9-3; amended 877 Code Title 36, Chapters 20 and 45; enacted 1642 Code Section 36-30-3; amended 286 Code Section 36-30-13; revised 8 Code Section 36-32-11; enacted 882 Code Title 36, Chapter 32, Article 2; enacted 882 Code Section 36-36-22.1; amended 1396 Code Section 36-37-6; amended 877 Code Section 36-41-6; amended 45 Code Section 36-42-7; amended 570 Code Section 36-43-4; amended 1348 Code Section 36-43-6; amended 1348 Code Section 36-60-12; revised 8 Code Section 36-60-14; revised 8 Code Section 36-60-14; enacted 254 Code Section 36-62-13; enacted 383 Code Section 36-69-2; amended 1959 Code Section 36-69-3; amended 1959 Code Section 36-69-4; amended 1959 Code Section 36-69-5; amended 1959 Code Section 36-69-6; amended 1959 Code Section 36-69-7; amended 1959 Code Section 36-69-8; amended 1959 Code Title 36, Chapter 71; enacted 692 Code Section 36-82-4.2; enacted 1441 Code Title 36, Chapter 82, Article 8; amended 817 Code Section 37-3-1; amended 45 Code Section 37-3-2; amended 45 Code Section 37-3-102; amended 45 Code Section 37-3-104; amended 45 Code Section 37-4-2; amended 45 Code Section 37-4-3; amended 45 Code Section 37-4-62; amended 45 Code Section 37-4-64; amended 45 Code Section 37-7-2; amended 45 Code Section 37-7-102; amended 45 Code Section 37-7-104; amended 45 Code Section 38-1-1; amended 45 Code Section 38-4-5; amended 371 Code Section 38-4-53; amended 45 Code Section 38-4-72; amended 45 Code Section 39-2-11.1; amended 1501 Code Title 40, Chapters 1,2,3,5, and 6; amended 2048 Code Section 40-1-5; enacted 1657

Page XXVI

Code Section 40-2-5; amended 1657 Code Section 40-2-7; revised 8 Code Section 40-2-20; amended 1657 Code Section 40-2-30; amended 159 Code Section 40-2-33; amended 1883 Code Section 40-2-39; revised 8 Code Section 40-2-60.1; amended 1902 Code Section 40-2-62; amended 159 Code Section 40-2-68; amended 45 Code Section 40-2-70; amended 1476 Code Section 40-2-75; revised 8 Code Section 40-2-75.3; enacted 1316 Code Section 40-2-75.4; enacted 797 Code Title 40, Chapter 2, Article 3A; enacted 1883 Code Section 40-2-130; amended 1883 Code Section 40-3-2; amended 1657 Code Section 40-3-29.1; revised 8 Code Section 40-3-35; amended 1657 Code Section 40-3-35; revised 8 Code Section 40-3-51; revised 8 Code Section 40-5-1; amended 1154 Code Section 40-5-2; revised 8 Code Section 40-5-22.1; enacted 1148 Code Section 40-5-24; amended 1241 Code Section 40-5-25; revised 8 Code Section 40-5-27; amended Vetoed SB 448 Code Section 40-5-53; amended 1913 Code Section 40-5-58; amended 1154 Code Section 40-5-70; amended 1154 Code Section 40-5-72; amended 1154 Code Section 40-5-75; enacted 1149 Code Section 40-5-75; amended 1097 Code Section 40-5-80; amended 1154 Code Section 40-5-82; amended 1154 Code Section 40-5-83; amended 1154 Code Section 40-5-100; amended 1913 Code Section 40-5-142; revised 8 Code Section 40-6-21; revised 8 Code Section 40-6-76; amended 1319 Code Section 40-6-160; revised 8 Code Section 40-6-162; revised 8 Code Section 40-6-164; revised 8 Code Section 40-6-225; revised 8 Code Section 40-6-270; revised 8 Code Section 40-6-331; amended 1241 Code Section 40-6-391.1; amended 1154 Code Section 40-6-395; amended 585 Code Section 40-8-76.1; amended 588 Code Section 40-8-79; enacted 588 Code Section 40-9-2; amended 649 Code Section 40-9-30; repealed 591 Code Section 40-9-31; repealed 591

Page XXVII

Code Section 40-9-100; amended 738 Code Section 40-11-2; amended 1657 Code Section 40-11-3; amended 1657 Code Section 41-2-9; amended 1347 Code Section 42-2-13; revised 8 Code Section 42-2-14; amended 135 Code Section 42-4-4; amended 1443 Code Section 42-4-31; amended 1371 Code Section 42-4-32; amended 135 Code Section 42-5-50; amended 565 Code Section 42-8-34.2; enacted 1331 Code Section 42-8-62; amended 735 Code Section 42-8-65; amended 735 Code Section 42-9-46; amended 1001 Code Section 43-1-2; amended 1965 Code Section 43-1-19; amended 1965 Code Section 43-1-20.1; amended 1965 Code Section 43-4-11; amended 560 Code Section 43-4A-19; enacted 8 Code Section 43-6-1; amended 576 Code Section 43-6-3; amended 576 Code Section 43-6-5; repealed 576 Code Section 43-6-24; amended 576 Code Section 43-6-26; amended 576 Code Title 43, Chapter 8; amended 1916 Code Section 43-10A-3; amended 1484 Code Section 43-10A-10; amended 1484 Code Section 43-10A-11; amended 1484 Code Section 43-10A-12; amended 1484 Code Section 43-10A-21; amended 1484 Code Section 43-10A-24; amended 1445 Code Section 43-12-2; amended 45 Code Section 43-14-16; revised 8 Code Section 43-15-3; amended 1491 Code Section 43-15-23; amended 1491 Code Section 43-15-23.1; enacted 1491 Code Title 43, Chapter 18, Article 1; amended 1372 Code Section 43-20-21; amended 1857 Code Title 43, Chapter 26, Article 1; amended 747 Code Section 43-26-34; amended 891 Code Section 43-29-22; amended 284 Code Section 43-33-17; revised 8 Code Section 43-34-3; enacted 689 Code Section 43-34-21; amended 1903 Code Section 43-34-26.1; revised 8 Code Title 43, Chapter 39A; enacted 1701 Code Section 43-40-1; amended 650 Code Section 43-40-8; amended 650 Code Section 43-40-9; amended 650 Code Section 43-40-15; amended 650 Code Section 43-40-15; revised 8 Code Section 43-40-25; amended 650

Page XXVIII

Code Section 43-40-30; amended 650 Code Section 43-41-20; amended 282 Code Section 43-47-2; amended 1032 Code Section 43-47-3; amended 2423 Code Section 43-47-3; amended 1903 Code Section 43-47-16; amended 2423 Code Section 43-48-21; amended 761 Code Section 44-1-13; revised 8 Code Title 44, Chapter 3, Article 1; reenacted 606 Code Section 44-3-75; amended 227 Code Section 44-3-76; amended 227 Code Section 44-3-80; amended 227 Code Section 44-3-82; amended 227 Code Section 44-3-91; amended 227 Code Section 44-3-92; amended 227 Code Section 44-3-93; amended 227 Code Section 44-3-94; amended 227 Code Section 44-3-101; amended 227 Code Section 44-3-102; amended 227 Code Section 44-3-106; amended 227 Code Section 44-3-107; amended 227 Code Section 44-3-109; amended 227 Code Section 44-3-111; amended 227 Code Section 44-3-116; amended 227 Code Section 44-3-162; amended 227 Code Section 44-3-169; amended 227 Code Section 44-3-171; amended 227 Code Section 44-3-205; amended 227 Code Section 44-4-22; amended 168 Code Section 44-5-60; amended 384 Code Sections 44-5-110 through 44-5-124; repealed 667 Code Sections 44-5-110 through 44-5-134; enacted 667 Code Section 44-6-1; repealed 1837 Code Sections 44-6-200 through 44-6-206; enacted 1837 Code Section 44-7-37; enacted 1829 Code Title 44, Chapter 12, Article 5; amended 1506 Code Section 44-14-13; enacted 1653 Code Section 44-14-35.1; amended 256 Code Section 44-15-2; amended 1471 Code Section 44-15-3; amended 1471 Code Section 44-15-4; amended 1471 Code Section 44-15-7; amended 1471 Code Section 44-15-8; enacted 1471 Code Section 44-15-9; enacted 1471 Code Section 45-1-1; revised 8 Code Section 45-1-2; revised 8 Code Section 45-2-2; revised 8 Code Section 45-2-4; revised 8 Code Section 45-2-22; revised 8 Code Section 45-2-22; amended 45 Code Section 45-2-40; revised 8 Code Section 45-2-41; revised 8

Page XXIX

Code Section 45-3-4; revised 8 Code Section 45-3-12; revised 8 Code Section 45-3-14; revised 8 Code Section 45-3-15; revised 8 Code Section 45-3-30; revised 8 Code Section 45-4-4; revised 8 Code Section 45-4-14; revised 8 Code Section 45-4-24; revised 8 Code Section 45-4-29; revised 8 Code Section 45-7-21; amended 1320 Code Section 45-7-21; amended 6 Code Section 45-7-28; revised 8 Code Section 45-7-28.1; revised 8 Code Section 45-7-33; enacted 131 Code Section 45-7-34; enacted 131 Code Section 45-7-51; revised 8 Code Section 45-8-22; revised 8 Code Section 45-8-23; revised 8 Code Section 45-8-25; revised 8 Code Section 45-8-26; revised 8 Code Section 45-8-27; revised 8 Code Section 45-8-29; revised 8 Code Section 45-8-30; revised 8 Code Section 45-9-2; revised 8 Code Section 45-9-3.1; repealed 1319 Code Section 45-9-4.2; enacted 1836 Code Section 45-9-42; amended 915 Code Section 45-9-60; revised 8 Code Section 45-9-81; amended 646 Code Section 45-9-81; amended 488 Code Section 45-9-84.1; revised 8 Code Section 45-10-40; revised 8 Code Section 45-10-41; revised 8 Code Section 45-11-4; amended 1969 Code Section 45-11-5; revised 8 Code Section 45-11-6; revised 8 Code Section 45-12-20; revised 8 Code Section 45-12-25; revised 8 Code Section 45-12-57; revised 8 Code Section 45-12-93; revised 8 Code Section 45-12-110; revised 8 Code Section 45-12-150; revised 8 Code Section 45-12-171; revised 8 Code Section 45-12-173; revised 8 Code Section 45-12-174; revised 8 Code Section 45-12-193; revised 8 Code Section 45-13-21; revised 8 Code Section 45-13-22; amended 782 Code Section 45-13-22; revised 8 Code Section 45-13-23; repealed 782 Code Section 45-13-24; amended 782 Code Section 45-13-26; revised 8

Page XXX

Code Section 45-13-41; revised 8 Code Section 45-13-47; revised 8 Code Section 45-13-48; revised 8 Code Section 45-14-22; revised 8 Code Section 45-15-6; revised 8 Code Section 45-15-37; revised 8 Code Section 45-16-1; amended 1735 Code Section 45-16-6; amended 333 Code Sections 45-16-20 through 45-16-48; amended 1735 Code Section 45-16-21; revised 8 Code Section 45-16-22; revised 8 Code Section 45-16-25; amended 1968 Code Section 45-16-25; revised 8 Code Section 45-16-61; revised 8 Code Section 45-16-62; amended 1735 Code Section 45-16-62; amended 333 Code Section 45-16-64; amended 1967 Code Section 45-16-65; amended 333 Code Section 45-16-66; amended 1735 Code Section 45-16-66; amended 333 Code Section 45-17-1; revised 8 Code Section 45-17-34; revised 8 Code Section 45-18-15; amended 1924 Code Section 45-18-50; amended 1247 Code Section 45-18-52; amended 567 Code Section 45-18-52; amended 1247 Code Section 45-18-53; amended 1247 Code Section 45-18-54; amended 1247 Code Section 45-19-1; revised 8 Code Section 45-19-21; revised 8 Code Section 45-20-1; revised 8 Code Section 45-20-2; amended 732 Code Section 45-20-3; revised 8 Code Section 45-20-7; revised 8 Code Section 45-20-9; revised 8 Code Section 45-20-13; revised 8 Code Section 45-20-15; revised 8 Code Section 45-20-16; amended 1341 Code Section 45-20-16; enacted 732 Code Section 45-20-51; revised 8 Code Title 45, Chapter 20, Article 5; enacted 2028 Code Title 45, Chapter 20, Article 5; enacted 2046 Code Section 45-21-7; revised 8 Code Section 45-21-7; amended 1251 Code Title 45, Chapter 23, enacted 2004 Code Section 46-1-1; amended 709 Code Section 46-2-10; amended 856 Code Section 46-2-20; amended 856 Code Section 46-2-23; revised 8 Code Section 46-2-25.1; enacted 1672 Code Section 46-5-23; revised 8 Code Section 46-5-25; enacted 252

Page XXXI

Code Section 46-5-30; amended 1118 Code Section 46-5-31; enacted 1118 Code Section 46-5-122; amended 179 Code Section 46-5-131; amended 179 Code Section 46-5-133; amended 179 Code Section 46-5-134; enacted 179 Code Section 46-5-135; enacted 179 Code Section 46-5-136; enacted 179 Code Section 46-5-137; enacted 179 Code Section 46-7-28; amended 2022 Code Section 46-7-70; amended 2022 Code Section 46-7-101; amended 2022 Code Section 46-8-232; amended 856 Code Title 46, Chapter 8A; enacted 856 Code Section 46-9-274; amended 1903 Code Section 47-1-3; amended 190 Code Section 47-1-10; amended 190 Code Section 47-1-20; amended 2019 Code Section 47-1-22.1; enacted 2019 Code Section 47-1-24; enacted 690 Code Title 47, Chapter 1, Article 3; enacted 879 Code Section 47-1-30; enacted 879 Code Section 47-2-96; amended 521 Code Section 47-2-96; amended 1225 Code Section 47-2-126; amended 525 Code Section 47-2-128; amended 1263 Code Section 47-2-129; amended 1263 Code Section 47-2-163; amended 1263 Code Section 47-2-182; enacted 508 Code Section 47-2-203; enacted 514 Code Section 47-2-244; amended Vetoed HB 1633 Code Section 47-2-266; enacted 356 Code Section 47-2-292; amended 527 Code Section 47-2-298; enacted 993 Code Section 47-2-310; amended 556 Code Section 47-2-319; enacted 527 Code Section 47-2-334; amended 539 Code Section 47-2-334; amended 356 Code Section 47-2-334; amended 532 Code Section 47-3-1; amended 685 Code Section 47-3-22; amended 536 Code Section 47-3-41.1; amended 536 Code Section 47-3-67; amended 518 Code Section 47-3-68; enacted 1811 Code Section 47-3-82; amended 529 Code Section 47-3-84.2; enacted 685 Code Section 47-3-90; amended 1796 Code Section 47-3-91; enacted 506 Code Section 47-3-101; amended 536 Code Section 47-5-2; amended 190 Code Section 47-5-20; amended 190 Code Section 47-5-24; amended 190

Page XXXII

Code Section 47-6-70.2; enacted 534 Code Section 47-6-80; amended 510 Code Section 47-6-84; amended 534 Code Section 47-7-100; amended 554 Code Section 47-7-102; amended 554 Code Section 47-9-3; amended 516 Code Section 47-9-40; amended 550 Code Section 47-9-41.1; enacted 516 Code Section 47-9-70; amended Vetoed HB 1632 Code Section 47-9-70; amended 309 Code Section 47-10-3; amended 546 Code Section 47-10-40; amended 550 Code Section 47-10-60; amended 546 Code Section 47-10-61; repealed 546 Code Section 47-10-100; amended Vetoed HB 1635 Code Section 47-10-100; amended 546 Code Section 47-10-103; amended 546 Code Section 47-11-21; amended 543 Code Section 47-11-40; amended 543 Code Section 47-11-70; amended 312 Code Section 47-12-81; repealed 222 Code Section 47-12-82; amended 511 Code Section 47-13-2; amended 865 Code Section 47-13-40; amended 523 Code Section 47-13-40.1; enacted 865 Code Section 47-13-70; amended 865 Code Section 47-13-71; amended 865 Code Section 47-14-70; amended 1270 Code Section 47-14-71; amended 1270 Code Section 47-14-74; amended 1270 Code Section 47-14-75; amended 1270 Code Section 47-16-40; amended 315 Code Section 47-16-43; amended 315 Code Section 47-16-100; amended 315 Code Section 47-16-101; amended 553 Code Section 47-17-1; amended 540 Code Section 47-17-80; amended 482 Code Section 47-17-80; amended 346 Code Section 47-17-81; amended 482 Code Section 47-20-30; amended 767 Code Section 47-20-35; amended 767 Code Section 47-20-36; amended 767 Code Section 47-21-1; enacted 1811 Code Section 47-21-2; enacted 1811 Code Section 47-21-3; enacted 1811 Code Section 47-21-4; enacted 1811 Code Section 47-21-5; enacted 1811 Code Section 47-21-6; enacted 1811 Code Section 47-21-7; enacted 1811 Code Section 47-21-8; enacted 1811 Code Section 48-1-2; amended 1350 Code Section 48-2-51; amended 2041

Page XXXIII

Code Section 48-2-55; amended 1875 Code Section 48-3-3; amended 1337 Code Section 48-4-1; amended 1875 Code Title 48, Chapter 4, Article 4; enacted 1875 Code Section 48-5-2; amended 1122 Code Section 48-5-2; amended 1869 Code Section 48-5-7; amended 1122 Code Section 48-5-7.1; amended 292 Code Section 48-5-7.3; enacted 1122 Code Section 48-5-32; enacted 889 Code Section 48-5-32; enacted 1901 Code Section 48-5-48; amended 45 Code Section 48-5-48; amended 1858 Code Section 48-5-48.3; amended 45 Code Section 48-5-48.3; repealed 1858 Code Section 48-5-103; amended 1324 Code Section 48-5-138; amended 1324 Code Section 48-5-150; amended 289 Code Section 48-5-153; amended 1324 Code Section 48-5-160; repealed 1324 Code Section 48-5-161; amended 1324 Code Section 48-5-165; amended 1495 Code Section 48-5-180; revised 8 Code Section 48-5-220; amended 793 Code Section 48-5-298; amended 1830 Code Section 48-5-311; amended 1122 Code Section 48-5-311; amended 1361 Code Section 48-5-349; amended 291 Code Section 48-5-451; amended 2048 Code Section 48-5-478; amended 45 Code Section 48-5-493; amended 780 Code Section 48-5-512; amended 1337 Code Section 48-5-515; amended 1337 Code Section 48-5-519; amended 1337 Code Section 48-6-4; amended 1843 Code Section 48-6-22; amended 1353 Code Section 48-6-26.1; enacted 1843 Code Section 48-6-27; revised 8 Code Section 48-6-27; amended 1843 Code Title 48, Chapter 6, Article 3; amended 1843 Code Section 48-7-27; amended 1369 Code Section 48-8-2; amended 1243 Code Section 48-8-3; amended 45 Code Section 48-8-30; amended 1243 Code Section 48-8-49; amended 1243 Code Section 48-8-121; amended 382 Code Section 48-9-2; amended 799 Code Section 48-9-4; amended 799 Code Section 48-9-8; amended 799 Code Section 48-9-10; amended 799 Code Section 48-9-18; enacted 799 Code Section 48-9-19; enacted 799

Page XXXIV

Code Section 48-9-33; amended 799 Code Section 48-10-1; amended 1883 Code Section 48-10-2; amended 1883 Code Section 48-10-2.1; amended 1883 Code Section 48-13-5; amended 1324 Code Section 48-13-6; amended 644 Code Section 48-13-17; amended 644 Code Section 48-13-50; amended 1134 Code Section 48-13-50.1; amended 1134 Code Section 48-13-51; amended 1134 Code Section 48-13-52; amended 1134 Code Section 48-13-53; amended 1134 Code Section 48-13-54; amended 1134 Code Section 48-13-55; amended 1134 Code Section 48-13-56; amended 1134 Code Title 48, Chapter 15; enacted 1231 Code Section 49-2-13.1; enacted 915 Code Section 49-4-6; amended 45 Code Section 49-4-142; amended 1808 Code Section 49-4-147.2; enacted 161 Code Section 49-4-152.2; enacted 1808 Code Section 49-5-8; revised 8 Code Section 49-5-10; amended 540 Code Section 49-5-10; amended 1930 Code Section 49-5-10.1; enacted 1930 Code Section 49-5-12; revised 8 Code Section 49-5-40; amended 1778 Code Section 49-5-41; amended 1778 Code Section 49-5-44; amended 1778 Code Section 49-5-46; enacted 1778 Code Section 49-5-132; amended 1871 Code Section 49-5-154; amended 1871 Code Section 49-5-161; amended 1256 Code Title 49, Chapter 5, Article 8; enacted 1798 Code Title 49, Chapter 5, Article 8; enacted 1986 Code Title 49, Chapter 5, Article 8; enacted 1772 Code Title 49, Chapter 8; amended 1436 Code Section 49-10-2; amended 1320 Code Section 49-10-6; amended 1320 Code Section 50-3-64; enacted 1131 Code Section 50-3-64; enacted 157 Code Section 50-5-60; amended 1466 Code Section 50-8-7.3; enacted 412 Code Section 50-10-4; amended 2026 Code Section 50-12-22; amended 1903 Code Section 50-12-41; amended 1146 Code Section 50-13-2; amended 794 Code Section 50-13-4; amended 1274 Code Section 50-16-42; amended 1489 Code Section 50-16-122; amended 662 Code Section 50-17-23; revised 8 Code Title 50, Chapter 18, Article 1; repealed 1466

Page XXXV

Code Section 50-18-72; amended 341 Code Section 50-19-5; amended 45 Code Title 50, Chapter 24; enacted 1566 Code Section 50-24-1; enacted 1081 Code Section 50-24-2; enacted 1081 Code Section 50-24-3; enacted 1081 Code Section 50-24-4; enacted 1081 Code Section 50-24-5; enacted 1081 Code Section 50-24-6; enacted 1081 Code Section 51-1-31; amended 44 Code Section 52-7-3; amended 1218 Code Section 52-7-8.1; amended 1218 Code Section 52-7-13; amended 317 Code Section 53-1-5; enacted 350 Code Section 53-2-45; amended 372 Code Section 53-2-115; amended 299 Code Section 53-3-13; amended 350 Code Section 53-6-26; amended 350 Code Section 53-6-27; amended 350 Code Section 53-7-145; amended 350 Code Section 53-7-180; amended 294 Code Section 53-12-3; amended 667 Code Section 53-15-3; amended 667 COURTS SUPREME COURT Justices; license plates 1902 COURT OF APPEALS Judges; license plates 1902 SUPERIOR COURTS Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; salary supplement 5168 Baldwin County; judges; supplement 5253 Bartow County; clerk of superior court; salary 4334 Burke County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Chatham County; clerk; salary 4302 Chatham County; district attorney; salary supplement 4355 Clayton County; sheriff; clerk; salary 4623 Cobb County; assistant district attorneys; chief investigator; salary 4456 Cobb County; clerk; salary 4209 Cobb County; Cobb Judicial Circuit; judges; supplement 5263 Cobb Judicial Circuit; judges; supplement 5263 Columbia County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Council of Superior Court Clerks; creation 162 Coweta Judicial Circuit; additional judge 474

Page XXXVI

Dougherty County; judges; supplements 4587 Fayette County; clerk; salary Vetoed HB 1884 Fayette County; clerk; salary 4652 Fayette County; judges; county supplement 4459 Flint Judicial Circuit; additional judge 489 Glynn County; terms 920 Greene County; judges; supplement 5253 Griffin Judicial Circuit; judges; county supplement 4459 Hancock County; judges; supplement 5253 Hart County; clerk; salary 4528 Jasper County; judges; supplement 5253 Jones County; judges; supplement 5253 Morgan County; judges; supplement 5253 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; judges; supplement 5253 Pike County; judges; county supplement 4459 Putnam County; judges; supplement 5253 Richmond County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Rockdale County; clerk; salary 4185 Secretaries for judges and district attorneys; salary schedule 1226 Spalding County; judges; county supplement 4459 Upson County; judges; county supplement 4459 Western Judicial Circuit; judges; salary supplement 3501 Wilkinson County; judges; supplement 5253 JUVENILE COURTS Associate juvenile court judges; disposition of delinquent children 1691 Chatham County; judge; salary 4302 Cobb County; additional judge; compensation; duties 3539 Cobb County; judge; salary 4189 Detention of unruly children 1351 Floyd County; judge; election; salary 3896 Incorrigible children; custody by Department of Corrections; sentencing 1930 Supervision fees 1871 Termination of parental rights; adoption 1572 Termination of parental rights; evidence 1425 PROBATE COURTS Bartow County; probate court; judge; salary 4334 Butts County; costs; criminal and quasi-criminal cases; courthouse 4056 Chatham County; clerk; salary 4302 Chatham County; judge; salary 4302 Chatham County; probate court; clerk; compensation 3525 Chief clerk; assumption of duties during vacancy in the office of judge 568 Clayton County; judge; salary 4646 Cobb County; judge; clerk; salary 3743 Fayette County; judge; salary Vetoed HB 1885 Fayette County; judge; salary 4648 Hart County; judge; salary 4528

Page XXXVII

Jury trials; contempt 1421 Probate courts; training of judges; retirement 312 Rockdale County; judge; salary 4177 STATE COURTS Chatham County; clerk; salary 4302 Chatham County; filing fees; mediation service 4131 Chatham County; judge; salary 4302 Clarke County; solicitor; salary 4861 Clayton County; judge; solicitor; deputy clerk; salaries 4367 Cobb County; assistant solicitors; number 4549 Cobb County; chief judge 3740 Cobb County; clerk and chief deputy clerk; salary 4343 Cobb County; judges; salary 3916 Cobb County; judges; salary 4304 Cobb County; second division 4113 Cobb County; solicitor; assistant solicitors; salary 4307 Fulton County; clerk; marshal; costs; fees 3558 Judges; residency 349 Mitchell County; judge; solicitor; compensation 5149 Pierce County; judge; solicitor; salary 3729 Richmond County; solicitor; salary 4743 Rockdale County; judge; salary 4723 Stephens County; judge; solicitor; salary 3880 Walker County; judge; solicitor; salary 3554 Washington County; judge and solicitor; salary 4220 Worth County; solicitor; salary 4522 MAGISTRATE COURTS Bartow County; chief magistrate; salary 4337 Butts County; chief magistrate; salary supplement 4432 Chatham County; chief magistrate; salary 4302 Chatham County; filing fees; mediation services 4127 Chattooga County; chief magistrate; appointment and elections 4000 Clarke County; judge; salary 4630 Discipline of magistrates 336 Lamar County; chief magistrate; selection; referendum 4022 Mitchell County; law library fees 4988 Postjudgment interrogatories 886 Retired magistrates; marriage ceremonies 297 Rockdale County; chief magistrate; salary 4520 MUNICIPAL COURTS Atlanta; fines and penalties 4537 Columbus; judge; clerk; marshal; salaries; costs 4402 Georgia Municipal Courts Training Council Act 882 Grayson; municipal court 5497 Hampton; jurisdiction; powers 4445 Jurisdiction of state offenses 2440

Page XXXVIII

LaGrange; municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 Locust Grove; judges; jurisdiction; powers 4451 Madison; jurisdiction; judge; procedure 5132 McDonough; sentencing; penalties 4130 Stockbridge; judges; practices and procedure 4447 OTHER COURTS Chatham County; recorder's court; judge; salary 4302 Chatham County; recorder's court; senior judges; salary 5279 DeKalb County; recorder's court; clerk 5304 DeKalb County; recorder's court; penalties 4709 Richmond County; civil court; jurisdiction 4109 Traffic courts in municipalities of 300,000 or more; city jail fund 172 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance progams 220 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling County; board of commissioners; terms; referendum 4142 Appling County; board of education; members; terms; referendum 4720 Atkinson County; board of commissioners; chairman; members; salary 4234 Baldwin County; Development Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Baldwin County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Baldwin County; superior court; judges; supplement 5253 Banks County; coroner; salary 4191 Bartow County; commissioner; salary 4339 Bartow County; magistrate court; chief magistrate; salary 4337 Bartow County; sheriff; clerk of superior court; judge of probate court; salaries 4334 Bartow County; tax commissioner; salary 4341 Ben Hill County; board of education; election; terms; districts; vacancies; referendum 4435 Berrin County; board of commissioners; salary; composition; referendum 4703 Bibb County; Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Bibb County; Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Bibb County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Bleckley County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Brooks County; board of education; members; compensation and expenses 4408 Brooks County; coroner; compensation 4398 Burke County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Burke County; board of commissioners; salary 4077 Burke County; board of education; members; salary 4923 Butts County; board of education; members; per diem 4869 Butts County; magistrate court; chief magistrate; salary supplement 4432

Page XXXIX

Butts County; probate court; costs; criminal and quasi-criminal cases; courthous 4056 Camden County; Camden County Public Service Authority; creation 4273 Carroll County; board of commissioners; expense allowance 4111 Carroll County; board of education; districts 4149 Carroll County; West Georgia Regional Water Authority; members; quorums 4729 Catoosa County; board of elections and registration; creation 4371 Catoosa County; board of utilities commissioners; members; selection 4427 Catoosa County; commissioner and staff; salary 4080 Catoosa County; comprehensive land use plan; advisory referendum 4481 Catoosa County; coroner; staff; salary 3556 Catoosa County; school district taxes; homestead exemption; referendum 4984 Charlton County; board of commissioners; salary 4205 Chatham County; board of commissioners; chairman; term; referendum 3992 Chatham County; board of public education for the City of Savannah and Chatham County; retirement board 3989 Chatham County; certain court officials; compensation; cost-of-living increase 4302 Chatham County; district attorney; salary supplement 4355 Chatham County; homestead exemption; referendum 5146 Chatham County; intergovernmental council; creation; members; duties 3928 Chatham County; magistrate court; filing fees; mediation services 4127 Chatham County; probate court; clerk; compensation 3525 Chatham County; recorder's court; senior judges; salary 5279 Chatham County; Savannah-Chatham County Anti-Drug Commission; creation 4059 Chatham County; state court; filing fees; mediation service 4131 Chattooga County; Chattooga County Hospital Authority; members; vacancies 4778 Chattooga County; commissioner; salary 4000 Chattooga County; commissioner; salary 4002 Cherokee County;board of commissioners; qualifications;electiions; expenses 3882 Cherokee County; board of ethics; creation; referendum 4745 Clarke County; Athens-Clarke County Magistrate's Court; judge; salary 4630 Clarke County; Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Clarke County; board of education; membership; elections; referendum 4711 Clarke County; state court; solicitor; salary 4861 Clarke County; superior court judges; salary supplement 3501 Clayton County; board of commissioners; audit report 4618 Clayton County; board of commissioners; salary; audit report 4616 Clayton County; board of education; election; terms; districts; referendum 4635 Clayton County; Clayton County Commission on Children and Youth; members 4200 Clayton County; coroner; salary 4376 Clayton County; governing authority; millage rates; referendum 4378 Clayton County; probate court; judge; salary 4646 Clayton County; school superintendent; election; referendum 4632 Clayton County; state court; judge; solicitor; clerk; salaries 4367 Clayton County; superior court; sheriff; clerk; salary 4623 Clayton County; tax commissioner; salary 4626 Clinch County; board of commissioners; chairman; members; salary 4102 Cobb County; assistant district attorneys; chief investigator; salary 4456 Cobb County; board of elections and registration; attorney 4006 Cobb County; Cobb Judicial Circuit; superior court; judges; supplement 5263 Cobb County; juvenile court; additional judge; compensation; duties 3539 Cobb County; juvenile court; judge; salary 4189

Page XL

Cobb County; probate court; judge; clerk; salary 3743 Cobb County; sheriff; chief deputy sheriff; chief investigator; executive assistant; salary 4167 Cobb County; state court; assistant solicitors; number 4549 Cobb County; state court; chief judge 3740 Cobb County; state court; clerk; salary 4343 Cobb County; state court; judges; salary 3916 , 4304 Cobb County; state court; second division 4113 Cobb County; state court; solicitor; assistant solicitors; salary 4307 Cobb County; superior court; clerk and deputy clerk; salary 4209 Cobb County; tax commissioner; chief clerk; executive secretary; salary 4329 Cobb County-Marietta Water Authority; members; terms of office 3780 Columbia County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Coweta County; superior court; additional judge 474 Crawford County; board of commissioners; salary; referendum 4331 Crawford County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Decatur County; enhanced 911 emergency telephone service 3982 Decatur County; exchange of property with the State of Georgia 952 DeKalb County; board of education; members; expense allowance 4540 DeKalb County; City of Atlanta and DeKalb County; meetings; notice 4601 DeKalb County; code of ethics; board of ethics of DeKalb County; members; powers; duties 3900 DeKalb County; commission; members; expense allowance 4296 DeKalb County; county surveyor; appointment 3843 DeKalb County; DeKalb County Pension Board; beneficiaries or vested terminated employees 5349 DeKalb County; DeKalb County Pension Board; prior service credit 5285 DeKalb County; DeKalb County school district; millage rates; referenda 5272 DeKalb County; homestead exemption; referendum 3978 DeKalb County; ordinance violations; penalties 4479 DeKalb County; recorder's court; clerk 5304 DeKalb County; recorder's court; penalties 4709 Dodge County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Dougherty County; board of commissioners; salary 4621 Dougherty County; Dougherty Judicial Circuit; superior court; judges; supplements 4587 Douglas County; board of commissioners; membership; elections; referendum 3650 Douglas County; coroner; compensation 3768 Douglas County; homestead exemption; referendum 3658 Douglas County; homestead exemption; referendum 3662 Douglas County; homestead exemption; school district taxes; referendum 3643 Douglas County; West Georgia Regional Water Authority; members; quorums 4729 Effingham County; homestead exemption; school district taxes; referendum 4035 Elbert County; board of education; salary and expenses 3508 Emanuel County; board of commissioners; salary 4324 Fayette County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Fayette County; probate court; judge; salary Vetoed HB 1885 Fayette County; probate court; judge; salary 4648 Fayette County; school superintendent; appointment; term; referendum 4317 Fayette County; sheriff; salary 4100 Fayette County; superior court; clerk; salary Vetoed HB 1884

Page XLI

Fayette County; superior court; clerk; salary 4652 Fayette County; tax commissioner; salary Vetoed HB 1882 Fayette County; tax commissioner; salary 4650 Floyd County; juvenile court; judge; election; salary 3896 Forsyth County; homestead exemption; school district taxes; referendum 4680 Forsyth County; Johns Creek Community Improvement District; creation 4665 Fulton County; board of commissioners; chairman; election; vacancy 4531 Fulton County; board of education; pension and retirement system 3931 Fulton County; easement through state property 948 Fulton County; Fulton County School Employees Pension System; membership of board 4913 Fulton County; library system; trustees; per diem 3715 Fulton County; state court; clerk; marshal; costs; fees 3558 Glynn County; easement through state property to the Brunswick and Glynn County Development Authority 965 Glynn County; superior court; terms 920 Gordon County; board of commissioners; creation; powers; duties; referendum 3745 Gordon County; board of commissioners; purchases 5309 Gordon County; enhanced 911 emergency telephone service 4310 Greene County; superior court; judges; supplement 5253 Gwinnett County; board of commissioners; itemized account of funds 3998 Gwinnett County; board of registrations and elections; appointments; vacancies; elections supervisor; meetings 5022 Gwinnett County; homestead exemption; school district taxes; referendum 3774 Hall County; civil service system; board members; assistant county administrator; definitions; appeals 5294 Hancock County; board of commissioners; compensation 4424 Hancock County; superior court; judges; supplement 5253 Haralson County; board of commissioners; creation; elections; terms; powers; duties; referendum 3868 Haralson County; West Georgia Regional Water Authority; members; quorums 4729 Hart County; sheriff; compensation 4524 Hart County; superior court; clerk; probate court; judge; salaries 4528 Hart County; tax commissioner; salary 4526 Heard County; sheriff; compensation 4074 Henry County; board of commissioners; chairman; election; referendum 5232 Henry County; board of education; members; elections; referendum 4476 Henry County; enhanced 911 emergency telephone service; fees 4708 Henry County; school superintendent; appointment; referendum 4474 Houston County; board of commissioners; chairman; election; compensation; powers 3510 Houston County enhanced 911 service district Act 3517 Houston County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Houston County; sales and use tax; ad valorem tax 4212 Irwin County; board of commissioners; chairman; salary 4123 Irwin County; deputy sheriffs; compensation; appointments 3731 Jasper County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jasper County; superior court; judges; supplement 5253 Jefferson County; board of education; election; school superintendent; appointment; referendum 4224 Jenkins County; board of education; salary and expenses 4236

Page XLII

Johnson County; board of commissioners; purchases; office supplies for county officers 5301 Jones County; homestead exemption; referendum 3790 Jones County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jones County; superior court; judges; supplement 5253 Lamar County; enhanced 911 emergency telephone service 4871 Lamar County; magistrate court; chief magistrate; selection; referendum 4022 Laurens County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Laurens County; tax commissioner; salary 4038 Lee County; board of elections; creation 4611 Lee County; sheriff; deputies 4187 Liberty County; conveyance of state property to adjoining property owners 217 Liberty County; enhanced 911 emergency telephone service; referendum 4045 Lowndes County; board of education; compensation; Act repealed 3504 Lowndes County; board of education; members; Act repealed 3529 McDuffie County; board of elections and registration; creation; powers; duties; compensation 4410 McDuffie County; easement across state property 209 McDuffie County; homestead exemption; school district taxes; referendum 4025 McIntosh County; school superintendent; appointment; referendum 4781 Meriwether County; tax commissioner; salary 4929 Mitchell County; conveyance of state property 941 Mitchell County; magistrate court; law library fees 4988 Mitchell County; state court; judge; solicitor; compensation 5149 Monroe County; board of commissioners; salary; referendum 4547 Monroe County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Montgomery County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Morgan County; board of commissioners; compensation and expenses 4117 Morgan County; superior court; judges; supplement 5253 Morgan County; tax commissioner; salary 4004 Murray County; board of commissioners; creation; members; elections; districts; referendum 3845 Murray County; board of education; powers; duties; elections; terms; referendum 3668 Newton County; board of commissioners; salary; expense allowances 4070 Oconee County; superior court judges; salary supplement 3501 Paulding County; Paulding County Water Authority; Act repealed; successor in interest 4013 Paulding County; West Georgia Regional Water Authority; members; quorums 4729 Peach County; board of commissioners; redevelopment powers; referendum 4589 Peach County; board of education; election; terms; referendum 4155 Peach County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Pierce County; state court; judge; solicitor; salary 3729 Pike County; board of commissioners; expense allowance 4345 Pike County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Polk County; tax commissioner; salary 4030 Polk County; West Georgia Regional Water Authority; members; quorums 4729 Pulaski County; board of education; members; nonpartisan elections; referendum 4415

Page XLIII

Pulaski County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Pulaski County; sheriff; deputies; office expenses 4421 Putnam County; superior court; judges; supplement 5253 Richmond County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Richmond County; Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Richmond County; civil court; jurisdiction 4109 Richmond County; restate purposes of land conveyance to Richmond County Board of Health 977 Richmond County; Oak Ridge Water and Sewerage Authority; Act repealed 4018 Richmond County; Richmond County Employees' Pension Fund; surviving spouses 5290 Richmond County; state court; solicitor; salary 4743 Rockdale County; board of commissioners; personnel rules and regulations 5314 Rockdale County; board of commissioners; salary 4518 Rockdale County; board of education; referendum 4654 Rockdale County; coroner; salary 4724 Rockdale County; magistrate court; chief magistrate; salary 4520 Rockdale County; probate court; judge; salary 4177 Rockdale County; sheriff; salary 4179 Rockdale County; state court; judge; salary 4723 Rockdale County; superior court; clerk; salary 4185 Rockdale County; tax commissioner; salary 4183 Spalding County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Stephens County; board of education; school districts; elections 3506 Stephens County; Northeast Georgia Surface and Air Transportation Commission; members 5151 Stephens County; state court; judge; solicitor; salary 3880 Stewart County; board of elections and registration; creation; members; powers; duties; compensation 3855 Stewart County; governing authority; sole commissioner; election; terms; compensation; powers; duties 5025 Tattnall County; board of commissioners; salary 4207 Tattnall County; easement through state property 407 Telfair County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Tiff County; board of commissioners; salary 4125 Toombs County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Toombs County; school superintendent; appointment; referendum 4603 Toombs County; Toombs County Development Authority; members; appointment; terms 3640 Treutlen County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Twiggs County; homestead exemptions; referendum 3935 Twiggs County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Union County; commissioner; salary 4396 Upson County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Upson County; Thomaston-Upson County School Systems; merger; board of education; members; compensation; duties; referendum 3794 Walker County; state court; judge; solicitor; salary 3554

Page XLIV

Walton County; board of commissioners; election; contracts 4357 Walton County; homestead exemption; school district taxes; referendum 4351 Washington County; state court; judge and solicitor; salary 4220 Wheeler County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Whitfield County; board of commissioners; former members; insurance 4663 Whitfield County; board of commissioners; prohibitory actions; employment 4119 Whitfield County; vehicle registration; periods 3764 Wilcox County; board of commissioners; salary 4083 Wilcox County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Wilkes County; board of education; election; terms; referendum 4592 Wilkinson County; homestead exemption; referendum 4925 Wilkinson County; Joint Wilkinson-McIntyre-Irwinton-Toombsboro Water and Sewer Authority; creation 4685 Wilkinson County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Wilkinson County; sheriff; automobiles 3785 Wilkinson County; superior court; judges; supplement 5253 Worth County; board of commissioners; vacancies 4181 Worth County; state court; solicitor; salary 4522 COUNTIES AND COUNTY MATTERS BY POPULATION 290,000 or more; county departments of family and children services; Employees' Retirement System of Georgia 993 550,000 or more; school systems; Teachers Retirement System of Georgia 518 COUNTY MATTERSHOME RULE AMENDMENTS DeKalb County; DeKalb County Pension Board; beneficiaries or vested terminated employees 5349 DeKalb County; DeKalb County Pension Board; prior service credit 5285 DeKalb County; recorder's court; clerk 5304 Gordon County; board of commissioners; purchases 5309 Hall County; civil service system; board members; assistant county administrator; definitions; appeals 5294 Johnson County; board of commissioners; purchases; office supplies for county officers 5301 Richmond County; Richmond County Employees' Pension Fund; surviving spouses 5290 Rockdale County; board of commissioners; personnel rules and regulations 5314 MUNICIPAL CORPORATIONS NAMED CITIES Abbeville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Acworth; corporate limits 4736 Adairsville; easement through state property in Bartow County 959 Alamo; Middle Georgia Surface and Air Transportation Commission; creation 5170 Alapaha; mayor; councilmen; elections; terms 5165 Albany; city manager; emergency purchases 5435

Page XLV

Albany; street improvements 5378 Aragon; compensation of mayor and city council 5413 Ashburn; mayor; councilmembers; elections; terms 4175 Athens; Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens; Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Athens; mayor; councilmembers; terms; elections 3884 Atlanta; City of Atlanta and DeKalb County; meetings; notice 4601 Atlanta; compensation of councilmembers and president of council 5408 Atlanta; comprehensive development plans 5442 Atlanta; fees for garbage pickup; exemption from tax assessments 5373 Atlanta; mandatory retirement of employees abolished 5362 Atlanta; mayor; compensation 5367 Atlanta; Metropolitan Atlanta Rapid Transit Authority; purchases; taxes 3860 Atlanta; Metropolitan Atlanta Olympic Games Authority; terms; members; meetings 5239 Atlanta; municipal court; fines and penalties 4537 Atlanta; urban enterprise zones; conditions; limitations 3765 Atlanta; zoning; historic zones 5421 Augusta; Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Augusta; mayor and councilmembers; notice of candidacy 4347 Augusta; retirement fund; real estate purchases; Pension Fund Investment Committee 5386 Austell; mayor; councilmembers; election; terms 4016 Avondale Estates; corporate limits 5140 Avondale Estates; Avondale Estates Development Authority; districts 4739 Ball Ground; new charter; governing authority; powers; duties 4552 Baxley; corporate limits 4134 Baxley; mayor; councilmembers; election; terms 4020 Blakely; corporate limits 3886 Bremen; board of education; members; terms of office 4406 Brooklet; new charter 5459 Brooks; new charter; governing authority; powers; duties; compensation 4990 Buford; homestead exemption; referendum 4291 Byron; annexation of state property 934 Centerville; corporate limits 3550 Cochran; Middle Georgia Surface and Air Transportation Commission; creation 5170 Cohutta; corporate limits; consolidation 4786 College Park; homestead exemption; referendum 4238 College Park; redevelopment powers; referendum 4242 Columbus; mayor; councilors; vacancies 3894 Columbus; municipal court; judge; clerk; marshal; salaries; costs 4402 Commerce; Commerce Civic Center and Tourism Authority; creation 4085 Conyers; mayor; councilmembers; elections; terms 4032 Cordele; Cordele Office Building Authority; purposes 3783 Culloden; city council; election; terms 5207 Dahlonega; mayor; councilmen; election; terms 4534 Dallas; corporate limits 4784 Dalton; special assessments; liens 4215 Decatur; board of education; members; terms 4320 Decatur; board of education; rules and regulations; admission policies 4008 Decatur; tax deferral for certain elderly persons 4079

Page XLVI

Dublin; corporate limits 4072 Dublin; Middle Georgia Surface and Air Transportation Commission; creation 5170 East Dublin; mayor; councilmembers; election; districts 4193 East Dublin; name changed to City of East Dublin 4145 East Point; city manager 5427 East Point; public utilities 5397 Eastman; Middle Georgia Surface and Air Transportation Commission; creation 5170 Ellaville; new charter; governing authority; powers; duties 3677 Emerson; corporate limits 3888 Enigma; mayor; councilmen; elections; terms 4042 Fayetteville; mayor; councilmen; election; terms; posts 4775 Fitzgerald; homestead exemption; referendum 4146 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5391 Folkston; corporate limits; referendum 4217 Forest Park; corporate limits 4246 Forsyth; homestead exemption; referendum 4764 Forsyth; Middle Georgia Surface and Air Transportation Commission; creation 5170 Fort Valley; Middle Georgia Surface and Air Transportation Commission; creation 5170 Gainesville; commission redesignated as council; commissioners redesignated as council members 5382 Gainesville; employees' retirement plan 5447 Gainesville; mayor and council members; compensation 5456 Glennville; corporate limits 4466 Good Hope; new charter; governing authority; duties; powers; salary 4877 Gray; Middle Georgia Surface and Air Transportation Commission; creation 5170 Grayson; municipal court 5497 Griffin; board of commissioners; taxation and finance powers; homestead exemption; referendum 3734 Griffin; board of commissioners; chairman designated; powers; duties; referendum 4596 Hampton; municipal court; jurisdiction; powers 4445 Hapeville; mayor; councilmembers; elections; terms 3648 Hapeville; redevelopment powers; referendum 3665 Hartwell; city councilman; election 3914 Hawkinsville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Hinesville; mayor; councilmembers; election; terms; referendum 4047 Hiram; corporate limits 4609 Irwinton; Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Irwinton; Middle Georgia Surface and Air Transportation Commission; creation 5170 Ivey; homestead exemption; referendum 3787 Jefferson; ordinances; approval and adoption 4542 Jefferson; public school system; school tax 4544 Jeffersonville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jersey; new charter; governing authority; elections; terms 4484 Kennesaw; corporate limits 5044 Kennesaw; mayor and councilmen; elections; terms of office 4920 Kingston; new charter; governing authority; powers; duties; compensation 3944

Page XLVII

LaGrange; municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 LaGrange; municipal funds; charitable contributions 4400 Lawrenceville; corporate limits; mayor; councilmembers; terms 5114 Lilburn; corporate limits 5040 Lilburn; homestead exemption; referendum 4469 Locust Grove; municipal court; judges; jurisdiction; powers 4451 Loganville; city manager; powers; terms 4657 Lumpkin; corporate limits 4606 Macon; Fire and Police Employees Retirement Plan 5437 Macon; leasing of property; Georgia State Fair, Inc 5265 Macon; Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Macon; Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon; Middle Georgia Surface and Air Transportation Commission; creation 5170 Madison; city manager; mayor and council; powers; compensation; municipal court; road duty 5132 Manchester; board of commissioners; municipal ordinances; fines; city jail 4982 Manchester; municipal officers; elections; terms 4980 Marietta; ad valorem tax; public schools; referendum 4390 Marietta; Cobb County-Marietta Water Authority; members; terms of office 3780 Marietta; corporate limits 4121 Marietta; corporate limits; deannexation 4660 Marietta; Downtown Marietta Development Authority; district 5033 Marietta; Downtown Marietta Development Authority; members; appointment and election; district 3921 Marietta; mayor pro tem; compensation; probation office; board of lights and works 5492 McDonough; municipal court; sentencing; penalties 4130 McIntyre; Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 McRae; Middle Georgia Surface and Air Transportation Commission; creation 5170 Milledgeville; Development Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Milledgeville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Monroe; mayor; councilmembers; election; terms 4163 Monticello; Middle Georgia Surface and Air Transportation Commission; creation 5170 Morgan; annex state property into corporate limits 407 Moultrie; corporate limits; mayor; councilmembers; elections; terms; utilities 4863 Mount Vernon; Middle Georgia Surface and Air Transportation Commission; creation 5170 Nashville; mayor; councilmen; elections; terms 4430 Norcross; homestead exemption; referendum 3941 Norcross; new charter; governing authority; powers; duties; compensation 4934 Norman Park; mayor; councilmen; election; terms 4011 Norwood; new charter; governing authority; powers; duties; compensation 3807 Orchard Hill; mayor; councilmembers; elections; terms; vacancies 3918 Peachtree City; mayor; councilmen; election; terms 3891 Pelham; Pelham Development Corporation; lease of state property 939 Perry; Middle Georgia Surface and Air Transportation Commission; creation 5170 Perry; Perry Area Convention and Visitors Bureau Authority; creation; members; terms; compensation 3542 Pooler; corporate limits 4911

Page XLVIII

Pooler; corporate limits 4392 Pooler; homestead exemption; referendum 4202 Pooler; mayor; aldermen; election; terms 4322 Ray City; mayor; councilmen; elections; terms 4040 Reidsville; mayor; terms of office; referendum 4918 Rincon; corporate limits 4326 Riverdale; corporate limits 5210 Riverdale; homestead exemption; referendum 5267 Roberta; Middle Georgia Surface and Air Transportation Commission; creation 5170 Sandersville; new charter; governing authority; powers; duties; compensation 4823 Santa Claus; corporate limits 4388 Savannah; board of public education for the City of Savannah and Chatham County; retirement board 3989 Savannah; Intergovernmental Council of Chatham County; creation 3928 Savannah; mayor; aldermen; districts; vice-mayor; powers Vetoed SB 686 Savannah; mayor; terms; referendum 3995 Savannah; Savannah-Chatham County Anti-Drug Commission; creation 4059 Shiloh; homestead exemption; referendum 3840 Sky Valley; mayor and councilmembers; elections; terms 4762 Snellville; corporate limits 4251 Snellville; corporate limits Vetoed HB 1968 Social Circle; homestead exemption; disabled residents; referendum 4159 Social Circle; school district; homestead exemption; referendum 4171 Soperton; Middle Georgia Surface and Air Transportation Commission; creation 5170 Stockbridge; municipal court; judges; practices and procedure 4447 Stone Mountain; new charter; governing authority; powers; duties; compensation 4790 Sugar Hill; corporate limits 4298 Sugar Hill; corporate limits 4104 Summerville; easement across state property 170 Tallapoosa; corporate limits 4767 Tallapoosa; mayor; council; meetings; city attorney 4054 Tallulah Falls; mayor and councilmembers; election; terms; municipal judge; water and sewerage services 4384 Thomaston; Thomaston-Upson County School System; merger; board of education; members; compensation; duties; referendum 3794 Thomasville; new charter; governing authority; powers; duties; compensation 5051 Thomasville; street paving assessments 5417 Thompson; easement across state property 209 Toomsboro; Joint Wilkinson-McIntype-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Tyrone; mayor and councilmembers; qualifications; elections 4759 Vidalia; Middle Georgia Surface and Air Transportation Commission; creation 5170 Warner Robins; corporate limits; mayor; councilmembers; elections; terms; meetings 3534 Warrenton; mayor and councilmembers; election; terms; districts 4361 Warwick; mayor; councilmembers; elections; terms 4726 Whigham; mayor; councilmen; election; terms; meetings 4931 Wrightsville; corporate limits 3530

Page XLIX

MUNICIPALITIES BY POPULATION 300,000 or more; penalties imposed in traffic cases 220 300,000 or more; traffic courts; city jail fund 172 400,000 or more; contracts 286 MUNICIPALITIESHOME RULE AMENDMENTS Albany; city manager; emergency purchases 5435 Albany; street improvements 5378 Aragon; compensation of mayor and city council 5413 Atlanta; compensation of councilmembers and president of council 5408 Atlanta; comprehensive development plans 5442 Atlanta; fees for garbage pickup; exemption from tax assessments 5373 Atlanta; mandatory retirement of employees abolished 5362 Atlanta; mayor; compensation 5367 Atlanta; zoning; historic zones 5421 Augusta; retirement fund; real estate purchases; Pension Fund Investment Committee 5386 Brooklet; new charter 5459 East Point; city manager 5427 East Point; public utilities 5397 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5391 Gainesville; commission redesignated as council; commissioners redesignated as council members 5382 Gainesville; employees' retirement plan 5447 Gainesville; mayor and councilmembers; compensation 5456 Grayson; municipal court 5497 Macon; Fire and Police Employees Retirement Plan 5437 Marietta; mayor pro tem; compensation; probation office; board of lights and works 5492 Thomasville; street paving assessments 5417 RESOLUTIONS AUTHORIZING COMPENSATION Chris A. Smith 929 Frances M. Harris 951 Harold O. Day 968 Melissa D. Walker 969 Richard B. Russell Airport 946 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Adairsville; easement through state property in Bartow County 959 Brunswick and Glynn County Development Authority; easement through state property in Glynn County 965 Byron; annexation of state owned real property into the City of Byron 934 Cherokee County Chamber of Commerce; conveyance of state property 219 Decatur County; exchange of property with the State of Georgia 952

Page L

Department of Transportation; conveyance of state property 394 Department Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Eliza Baptist Church; conveyance of state property 207 Fulton County; easement through state property 948 Georgia Power Company, Atlanta Gas Light Company, Metropolitan Atlanta Rapid Transit Authority; and Southern Bell Telephone and Telegraph Company; easement across state property in Fulton County 399 Glynn County; easement through state property to the Brunswick and Glynn County Development Authority 965 James R. Ivey, Jr.; conveyance of state property located in Baldwin County 197 Liberty County; conveyance of state property to adjoining property owners 217 McDuffie County; easement across state property 209 Mitchell County; conveyance of state property 941 Morgan; annex state property into corporate limits 407 Pelham Development Corporation; lease of state property 939 Plantation Pipeline Company; easement across state property 170 Richmond County; restate purposes of land conveyance to Richmond County Board of Health 977 Southern Natural Gas Company; easement across state property 170 Summerville; easement across state property 170 Tattnall County; easement through state property 407 Thompson; easement across state property 209 United States of America; conveyance of state property in Fulton County 930 MISCELLANEOUS RESOLUTIONS Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Culver Kidd Highway; designated 943 Department of Community Affairs; minimum standards and procedures for coordinated and comprehensive planning; ratification 945 Department of Natural Resources; minimum standards; ratification 406 Department of Natural Resources; temporarily restrain from promulgating rules regarding gasoline service stations 661 Desmond T. Doss Medal of Honor Highway; designated 954 Dick Hunter Bridge; designated 957 Eloise Wooldridge Bridge; designated 984 Ernest W. Stickland Bridge; Joe A. Whitherington Bridge; Banks Crossing Highway; designated 214 Everett Floyd Dykes Highway; designated 978 F. Emory Greene Memorial Bridge; designated 983 Federal Unemployment Tax Act; urging the federal government to provide adequate funds for employment and unemployment programs 128 Georgia Courts Automation Commission; creation 979 Georgia 1992 Commission; created 1732 Jennie Weyman Memorial Bridge; designated 405 Joe A. Whitherington Bridge; designated 988 , 214 Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law; created 203 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Joint Study Committee on Hazardous Waste Management; created 962

Page LI

Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Joint Workers' Compensation Study Committee; creation 972 Luther S. Colbert Memorial Bridge; designated 933 Luther V. Land Bridge and J. R. Reeves Bridge; designated 212 Metropolitan Atlanta Rapid Transit Overview Committee; extend existence 956 Plantation Parkway; General Robert L. Scott Highway; designated 974 Regional development centers; supplemental funding formula; ratification 206 S. Ernest Vandiver; marker honoring authorized 199 State Health Planning Agency; directed to make studies and reports 970 United States 441 Business Historic Route; extending and redesignating 943 Warren D. Earnest, Sr. Bridge; designated 201 William L. Deverell, Sr. Bridge; designated 202

Page LII

INDEX A ABBEVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ACWORTH, CITY OF Corporate limits 4736 AD VALOREM ASSESSMENT REVIEW COMMISSION Membership 291 AD VALOREM TAXATION Ad Valorem Assessment Review Commission; membership 291 Ad valorem taxes; alternative date for interest on taxes due 289 Ad valorem taxes; conservation use property; agricultural and timber land; standing timber; bona fide residential transitional property 2437 Ad valorem taxes; counties; reports showing millage rate and assessed value required 889 Ad valorem taxes; county board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 Ad valorem taxes; county board of equalization; taxpayer's appeals 1361 Ad valorem taxes; disabled veterans; homestead exemption 1858 Ad valorem taxes; landmark historic property 1122 Ad valorem taxes; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Ad valorem taxes; standing timber 1869 , 1901 Ad valorem taxes; standing timber 2437 Homestead exemption for disabled veterans 1858 Standing timber 1869 Timber, ad valorem taxes on standing timber 1901 ADAIRSVILLE, CITY OF Easement through state property in Bartow County 959 ADMINISTRATIVE OFFICE OF THE COURTS Employees; Employees' Retirement System of Georgia; membership 514 ADMINISTRATIVE PROCEDURE ACT Board of Natural Resources; applicability to rules 223 Department of Medical Assistance; rules 1274 State Board of Education; Department of Education 794

Page LIII

ADOPTION Petitions and related matters 1572 Surrender of parental rights 1034 , 1425 ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIRED Termination date 1943 AFRICANIZED BEES Commissioner of Agriculture; powers 373 AGENCY Durable Power of Attorney for Health Care Act; enacted 1101 AGRICULTURE Adulterated food; pesticide residues 318 Agricultural and timber lands; standing timber; ad valorem taxation 1869 , 1901 Agricultural and timber lands; standing timber; ad valorem taxation 2437 Animals; Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Animals; prevention and control of disease; duties of law enforcement officers 572 Animals; stables; license fees; quarantine 1650 Boll weevil suppression and eradication programs; referendums 5 Code revision 8 Dimension lumber; grading 338 Emerging Crops Fund Act; fund established to make loans for cost of establishing emerging crops 1696 Emerging crops loan fund; proposed amendment to the Constitution 2445 , 2441 Farm laborers; employers may elect to provide workers' compensation coverage 293 Farmers' market defined; rental or leasing 320 Georgia Agrirama Development Authority; membership 872 Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Honey and imitation honey; penalties for mislabeling 391 Honeybees; diseases; Africanized bees 373 Pesticide contractor's license; crop dusters; agricultural applications 1253 Rental or leasing of real property at farmers' markets 320 Soil and water conservation district supervisors; exemption from filing campaign contribution disclosure reports 643 Taxation; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Timber; grading dimension lumber 338 Timber; taxation 1869 , 1901 Timber; taxation 2437

Page LIV

Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 AIDS Disclosure of confidential information; HIV tests 705 AIRPORT, RICHARD B. RUSSELL Compensation 946 ALAMO, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ALAPAHA, TOWN OF Mayor; councilmen; elections; terms 5165 ALBANY, CITY OF City manager; emergency purchases 5435 Street improvements 5378 ALCOHOLIC BEVERAGES Code revision 8 Education; alcohol and drug abuse course 2043 ANIMAL SHELTERS Euthanasia of dogs and cats 1686 Licenses; quarantines 1650 ANIMALS Georgia Animal Protection Act; euthanasia of dogs and cats 1686 Georgia Animal Protection Act; license fee for pet dealers and kennel, stable, and animal shelter operators; quarantine of animals with contagious disease 1650 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Prevention and control of disease; enforcement; duties of law enforcement officers 572 APPEAL AND ERROR Applications for appeal; child custody cases Vetoed SB 238 APPLING COUNTY Board of commissioners; terms; referendum 4142 Board of education; members; terms; referendum 4720

Page LV

APPROPRIATIONS S.F.Y. 1990-91 2338 Supplemental for S.F.Y. 1989-90 487 Supplemental for S.F.Y. 1989-90 54 ARAGON, CITY OF Compensation of mayor and city council 5413 ARCHITECTS Examinations 560 Workers' compensation; exemption from third-party actions 1164 ARTS Fine arts; reservation of rights by the artist 164 ASBESTOS LICENSING BOARD Termination date 285 ASHBURN, CITY OF Mayor; councilmembers; elections; terms 4175 ATHENS, CITY OF Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Mayor; councilmembers; terms; elections 3884 ATKINSON COUNTY Board of commissioners; chairman; members; salary 4234 ATLANTA, CITY OF City of Atlanta and DeKalb County; meetings; notice 4601 Comprehensive development plans 5442 Councilmembers and president of the council; compensation 5408 Fees for garbage pickup; exemption from tax assessments 5373 Mandatory retirement of employees abolished 5362 Mayor; compensation 5367 Metropolitan Atlanta Olympic Games Authority; terms; members; meetings 5239 Metropolitan Atlanta Rapid Transit Authority; purchases; taxes 3860 Municipal court; fines and penalties 4537 Urban enterprise zones; conditions; limitations 3765 Zoning; historic zones 5421

Page LVI

ATLANTA GAS LIGHT COMPANY Easement across state property in Fulton County 399 ATLANTA JUDICIAL CIRCUIT Additional judge 497 ATTORNEY GENERAL Disposition of Unclaimed Property Act; revision 1506 AUCTIONEERS Georgia Auctioneers Commission; terms; reports; termination date 576 AUGUSTA, CITY OF Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Mayor and councilmembers; notice of candidacy 4347 Retirement fund; real estate purchases; Pension Fund Investment Committee 5386 AUGUSTA JUDICIAL CIRCUIT Additional judge 471 Probation officers; salary supplement 5168 AUSTELL, CITY OF Mayor; councilmembers; election; terms 4016 AVONDALE ESTATES, CITY OF Avondale Estates Development Authority; districts 4739 Corporate limits 5140 AVONDALE ESTATES DEVELOPMENT AUTHORITY Districts 4739 B BAIL BONDSMEN Bond forfeitures; procedures 2336 BALDWIN COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253

Page LVII

BALL GROUND, CITY OF New charter; governing authority; powers; duties 4552 BANKING AND FINANCE Check cashers; regulation; licensure 739 Checks; license to sell or issue checks; exemptions 362 Code revision 8 Credit card accounts; application of state and federal law; interest, finance charges, and other fees 1 Credit unions; investment of certain funds by the buying and selling of loan participations authorized 300 Currency transactions; regulations; reporting; exemptions 362 Financial transaction card fraud; criminal factoring of records 304 Interest; finance charges; and other fees 1 Investment advisers 1332 Mortgages, conveyances to secure debt, and liens; funding of loans 1653 Notification in connection with the modification of a credit card account 1 Securities broker or dealer; receiving money for deposit or transmission 301 Small minority business development corporations; minimum capital; membership; directors 176 Unfair and deceptive practices in consumer transactions; funding of real estate loans 1653 BANKS COUNTY Coroner; salary 4191 BANKS CROSSING HIGHWAY Designated 214 BARTOW COUNTY Commissioner; salary 4339 Magistrate court; chief magistrate; salary 4337 Sheriff; clerk of superior court; judge of probate court; salaries 4334 Tax commissioner; salary 4341 BAXLEY, CITY OF Corporate limits 4134 Mayor; councilmembers; election; terms 4020 BEN HILL COUNTY Board of education; elections; terms; districts; vacancies; referendum 4435 BERRIEN COUNTY Board of commissioners; salary; composition; referendum 4703

Page LVIII

BIBB COUNTY Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Middle Georgia Surface and Air Transportation Commission; creation 5170 BILLIARD ROOMS Operation; taxation; licensing; regulation 1916 BINGO Licensure; submission of fingerprints and photographs 1944 BIOMEDICAL WASTE THERMAL TREATMENT TECHNOLOGY FACILITIES Permits 1222 BLAKELY, CITY OF Corporate limits 3886 BLASTING AND EXCAVATION Gas pipes and underground facilities 805 BLECKLEY COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 BOARD OF NATURAL RESOURCES Lakes; water quality standards 1207 Rules; judicial review of decisions 223 See also Conservation and Natural Resources BOARD OF TRUSTEES OF THE GEORGIA MILITARY COLLEGE Creation; authority and duties; scholarships 579 BOATING See Waters of the State, Ports, and Watercraft BIOLER AND PRESSURE VESSEL SAFETY ACT Exemptions 816 BOLL WEEVILS Suppression and eradication programs; referendums 5

Page LIX

BOMBS Criminal possession of an explosive device Vetoed HB 1512 BONDS Bail bondsmen; forfeitures; procedures 2336 Expenditure for other than stated purpose 1441 Georgia Allocation System 817 BOUNDARIES Coordinate system; expression of distance in either feet or meters 168 BREMEN, CITY OF Board of education; members; terms of office 4406 BROOKLET, CITY OF New charter 5459 BROOKS COUNTY Board of education; members; compensation and expenses 4408 Coroner; compensation 4398 BROOKS, TOWN OF New charter; governing authority; powers; duties; compensation 4990 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Easement through state property in Glynn County 965 BUFORD, CITY OF Homestead exemption; referendum 4291 BUILDINGS AND HOUSING Code revision 8 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Fair housing; real estate brokers and salespersons 650 Fair housing and discriminatory practices relating to housing transactions 1284 Georgia Development Impact Fee Act; enacted 692 Georgia Residential Finance Authority; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Georgia Residential Finance Authority; powers and duties; bonds; subsidiary authorities; tax exemption of property; loans 1039 Georgia Residential Finance Authority; set-aside of funds for loans in certain geographic areas 1039

Page LX

Impact fees 692 Maps and plats; recording 1505 Residential transitional property; ad valorem taxes 2437 Smoke detectors required in certain buildings 1500 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Toilets, urinals, shower heads, and faucets; water flow 1212 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 BURKE COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 Board of commissioners; salary 4077 Board of education; members; salary and expenses 4923 BUTTS COUNTY Board of education; members; per diem and expenses 4869 Magistrate court; chief magistrate; salary supplement 4432 Probate court; costs; criminal and quasi-criminal cases; courthouse 4056 BYRON, CITY OF Annexation of state property 934 C CAMDEN COUNTY Camden County Public Service Authority; creation 4273 CAMDEN COUNTY PUBLIC SERVICE AUTHORITY Creation 4273 CAMPAIGN CONTRIBUTIONS Disclosures 922 Disposition; conversion to personal use 1327 Soil and water conservation district supervisors 643 CARNIVAL RIDE SAFETY ACT Amended 1945 CARROLL COUNTY Board of commissioners; expense allowance 4111 Board of education; districts 4149 West Georgia Regional Water Authority; members; quorums 4729

Page LXI

CATOOSA COUNTY Board of elections and registration; creation 4371 Board of utilities commissioners; members; selection 4427 Commissioner and staff; salary and allowances 4080 Comprehensive land use plan; advisory referendum 4481 Coroner; staff; salary 3556 School district; homestead exemption; referendum 4984 CENSUS Provisions for changes in the decennial census and congressional districts with respect to membership of boards, commissions, and bodies 1903 CENTERVILLE, CITY OF Corporate limits 3550 CENTRAL CHILD ABUSE REGISTRY Established 1772 CHARITIES Donation of canned or perishable food to charitable or nonprofit organizations; immunity from suit 44 Endowment funds 1471 CHARLTON COUNTY Board of commissioners; salary 4205 CHATHAM COUNTY Board of commissioners; chairman; term; referendum 3992 Board of Public Education for the City of Savannah and Chatham County; retirement board 3989 Coroner; salary 4302 Eastern Judicial Circuit; district attorney; salary supplement 4355 Homestead exemption; referendum 5146 Intergovernmental council; creation; members; duties 3928 Juvenile court; judge; salary 4302 Magistrate court; chief magistrate; salary 4302 Magistrate court; filing fees; mediation services 4127 Probate court; clerk; compensation 3525 Probate court; clerk; salary 4302 Probate court; judge; salary 4302 Recorder's court; judge; salary 4302 Recorder's court; senior judges; salary 5279 Savannah-Chatham County Anti-Drug Commission; creation 4059 Sheriff; salary 4302 State court; clerk; salary 4302

Page LXII

State court; filing fees; mediation service 4131 State court; judge; salary 4302 Superior court; clerk; salary 4302 Tax commissioner; salary 4302 CHATTOOGA COUNTY Chattooga County Hospital Authority; members; vacancies 4778 Chief magistrate; appointment; election 4000 Commissioner; salary 4002 CHATTOOGA COUNTY HOSPITAL AUTHORITY Members; vacancies 4778 CHECK CASHERS Regulation; licensure 739 CHEROKEE COUNTY Board of commissioners; qualifications; elections; expenses 3882 Board of ethics; creation; referendum 4745 CHEROKEE COUNTY CHAMBER OF COMMERCE Conveyance of state property 219 CHILD ABUSE Central child abuse registry established 1772 Records; reports of suspected child abuse 1778 Reporting requirements 1761 State-wide Child Fatality Review Panel; created 1785 CHILD CUSTODY Applications for appeal Vetoed SB 238 Change of custody by removal from school grounds prohibited 344 Joint and sole custody 1423 CHILD FATALITIES State-wide Child Fatality Review Panel; created 1785 CHILD LABOR Certain employment of minors authorized; laws care 1501

Page LXIII

CHILDREN AND YOUTH Child custody; change of custody by removing child from school grounds prohibited 344 Children committing certain offenses sentenced to Department of Corrections 1930 Emotionally disturbed children; delivery of social services 1798 , 1986 Family Preservation and Child Protection Reform Act; enacted 1986 CHILDREN'S DAY Declared 175 CHRIS A. SMITH Compensation 929 CITY BUSINESS IMPROVEMENT DISTRICTS Funding supplemental services 1348 CIVIL PRACTICE Discrimination against employees attending judicial proceedings 590 Divorce; venue; jurisdiction 2430 Execution sales; date of sheriff's sales 1731 Fine, cost, or restitution as condition of probation; use of civil remedies to collect 1331 Levies on land; delivery of notice 298 Medical malpractice; Governor's Commission on Obstetrics created 573 Renewal of case after dismissal; cases filed in court which does not have subject matter jurisdiction 876 Structured settlements; guardians; probate court approval 642 CLARKE COUNTY Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Board of education; membership; elections; referendum 4711 State court; solicitor; salary 4861 Superior court; judges; salary supplement 3501 CLAYTON COUNTY Board of commissioners; audit report 4618 Board of commissioners; salary; audit report 4616 Board of education; election; terms; districts; referendum 4635 Clayton County Commission on Children and Youth; members 4200 Coroner; salary 4376 Governing authority and school district; millage rates; referendum 4378 Probate court; judge; salary 4646

Page LXIV

School superintendent; election; referendum 4632 State court; judge; solicitor; deputy clerk; salaries 4367 Superior court; clerk; sheriff; salary 4623 Tax commissioner; salary 4626 CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH Members 4200 CLINCH COUNTY Board of commissioners; chairman; members; salary 4102 COBB COUNTY Assistant district attorneys; chief investigator; salary 4456 Board of elections and registration; attorney 4006 Cobb County-Marietta Water Authority; members; terms of office 3780 Juvenile court; additional judge; compensation; duties 3539 Juvenile court; judge; salary 4189 Probate court; judge; clerk; salary 3743 Sheriff; chief deputy sheriff; chief investigator; executive assistant; salary 4167 State court; assistant solicitors; number 4549 State court; chief judge 3740 State court; clerk and chief deputy clerk; salary 4343 State court; judges; salary 3916 , 4304 State court; second division 4113 State court; solicitor; assistant solicitors; salary 4307 Superior court; clerk and deputy clerk; salary 4209 Tax commissioner; chief clerk; executive secretary; salary 4329 COBB COUNTY-MARIETTA WATER AUTHORITY Members; terms of office 3780 COBB JUDICIAL CIRCUIT Assistant district attorneys; chief investigator; salary 4456 Superior court; judges; supplement 5263 COCHRAN, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 COHUTTA, CITY OF Corporate limits; consolidation 4786 COLBERT, LUTHER S., MEMORIAL BRIDGE Designated 933

Page LXV

COLLEGE OPPORTUNITY ACT Enacted 1448 COLLEGE PARK, CITY OF Homestead exemption; referendum 4238 Redevelopment powers; referendum 4242 COLONEL'S ISLAND Marker honoring former Governor S. Ernest Vandiver 199 COLUMBIA COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 COLUMBUS, CITY OF Mayor; councilors; vacancies 3894 Municipal court; judge; clerk; marshal; salaries; costs 4402 COMBINED SEWER OVERFLOW SYSTEMS Elimination or treatment of sewage overflow 1216 Permit for operation required 1201 COMMERCE AND TRADE Agency; Durable Power of Attorney for Health Care Act; enacted 1101 Artists; reservation of rights in fine art 164 Check cashers; regulation; licensure 739 Checks; license to sell or issue 362 Contracts in partial restraint of trade 1676 Currency transactions; regulation; reports 362 Dimension lumber; grading 338 Discrimination against employees attending judicial proceedings 590 Drug-free Workplace Act; contracts with state agencies 1081 Fine art; reservation of rights by the artist 164 Georgia Motor Vehicle Franchise Practices Act; amended 1004 Georgia Securities Act of 1973; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Georgia Securities Act of 1973; investment advisers 1332 Georgia State Warehouse Act; licenses 340 Liquefied petroleum gas; one-time fee to licensees or permittees for sale or storage of liquefied petroleum gas 647 Liquefied petroleum gas; storage facilities 1434 Motor Vehicle Warranty Rights Act; repair or replacement of defective motor vehicle by dealer; arbitration 1013 Petroleum; diesel fuel; aboveground storage tanks Vetoed SB 716

Page LXVI

Securities; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Securities; investment advisers 1332 Sheriff's sales 1731 Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 Trade secrets; Georgia Trade Secrets Act of 1990; enacted 1560 Unfair and deceptive practices in consumer transactions; funding of real estate loans 1653 COMMERCE, CITY OF Commerce Civic Center and Tourism Authority; creation 4085 COMMERCE CIVIC CENTER AND TOURISM AUTHORITY Creation 4085 COMMUNITY AFFAIRS, DEPARTMENT OF Minimum standards and procedures for coordinated and comprehensive planning; ratification 945 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Composition 1903 COMPUTER PROGRAMS AND SOFTWARE Inspection of public records 341 CONDOMINIUMS Georgia Condominium Act; amended 227 CONSERVATION AND NATURAL RESOURCES Asbestos Licensing Board; termination date 285 Code revision 8 Combined sewer overflows; elimination or treatment of sewage overflow 1216 Commissioner; power to authorize and direct conservation rangers to assist law enforcement agencies in crime prevention and apprehension of criminals 376 Conservation rangers; powers and duties 376 Conservation use property; agricultural and timber lands; standing timber; residential transitional property; ad valorem taxes 2437 Dams; exemptions to Georgia Safe Dams Act of 1978; change of classifications; inspections 326 Department of Natural Resources; minimum standards for protection of natural resources; ratification 406 Garbage and waste; transportation across county lines 1345

Page LXVII

Gasoline service stations; Department of Natural Resources; rules; restraint 661 Georgia Agricultural Exposition Authority; compensation of members 6 Georgia Comprehensive Solid Waste Management Act; enacted 412 Georgia Hazardous Waste Management Authority; membership and duties 1983 Georgia Hazardous Waste Management Authority; membership of officers and employees in the Employees' Retirement System of Georgia 527 Georgia Music Hall of Fame Authority; creation 1062 Georgia Music Hall of Fame Authority Overview Committee; creation 1079 Georgia Water Quality Control Act; civil penalty 1211 Georgia Water Quality Control Act; combined sewer overflows 1216 Georgia Water Quality Control Act; combined sewer overflow systems; permits 1201 Georgia Water Quality Control Act; lakes; water quality standards 1207 Hazardous waste reduction plans 1427 Jekyll IslandState Park Authority; membership 872 Joint Study Committee on Hazardous Waste Management; creation 962 Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Judicial review of decisions of the Board of Natural Resources; applicability of Georgia Administrative Procedure Act to rules 223 Lake Lanier Islands Development Authority; membership 872 Lakes; water quality standards 1207 Laundry detergents; phosphorus 1203 Marine toilets; requirements for certain lakes 1218 , 317 Pesticide residues; adulterated food 318 Phosphorus; retail sale of certain cleaning agents prohibited 1203 Regional Solid Waste Management Authorities Act; enacted 412 Sanitary sewers; eminent domain 731 Sewage Holding Tank Act; enacted 861 Solid waste; notice of approval, modification, or revocation of permit for handling solid waste 223 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256 Stone Mountain Memorial Association; membership 872 Upper Savannah River Development Authority; membership 872 Waste management; biomedical waste thermal treatment technology facilities; permits 1222 Waste management; permits for solid waste disposal sites 1222 Water pollution; permits for combined sewer overflow systems required 1201 Water-saving toilets, shower heads, faucets, and plumbing fixtures 1212 CONSERVATION RANGERS Authorization to assist law enforcement agencies in crime prevention and apprehension of criminals 376 CONSTITUTION OF THE STATE OF GEORGIA Ad valorem taxation of conservation use property, agricultural and timber lands, standing timber, and residential transitional property 2437 Divorce actions; venue and jurisdiction 2430

Page LXVIII

Education trust fund; assistance to students and parents; postsecondary education 2433 Emerging crops loan fund 2445 Emerging crops loan fund; financial assistance to farmers 2441 Indemnification of licensed emergency management rescue specialists; killed or permanently disabled 2432 Municipal courts; jurisdiction of state offenses 2440 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Public officials; holding office after felony conviction involving moral turpitude 2443 Sovereign immunity and official immunity 2435 CONTINUING CARE PROVIDERS Regulation 1817 CONTRACTS Counties and municipalities; multiyear installment purchase contracts 254 Drug-free Workplace Act; state contracts 1081 Illegal and void contracts; exception for contracts in partial restraint of trade 1676 Public schools; multiyear lease, purchase, or lease purchase contracts 1035 CONTROLLED MEDICAL ASSISTANCE DRUG LIST Negotiation for drugs from sole supplier 1808 CONYERS, CITY OF Mayor; councilmembers; elections; terms 4032 COORDINATE SYSTEM Distances; expression in either meters or feet 168 CORDELE, CITY OF Cordele Office Building Authority; purposes 3783 CORDELE OFFICE BUILDING AUTHORITY Purposes 3783 CORONERS Expense of embalming 1968 Georgia Coroner's Training Council; quorum 1967 Georgia Death Investigation Act; enacted 1735 Training; Georgia Coroner's Training Council; terms of office 333

Page LXIX

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Alien corporations; annual registrations; acquisition of real property; RICO Act 322 Articles of incorporation; publication of notice of intent to file articles of incorporation 257 Articles or certificates of merger or share exchange 257 Business combination defined 257 Business combinations; combination with interested shareholders 257 Business corporations; general powers; quorums; voting 257 Close corporations; termination of status 257 Compulsory purchase rights 257 Directors; terms and powers 257 Dissenters' rights; failure of a corporation to take action 257 Dissenting stockholder; waiver of rights 257 Dissolution; publication of notice to dissolve; articles of dissolution; administrative dissolution; decrees 257 Dissolution; shareholders' option to dissolve a corporation 257 Fees; publication of notices 257 Fiduciaries; entities acting as corporate fiduciaries 301 Foreign corporations; service of process 257 Foreign corporations; transacting business without a certificate of authority 257 Insurance; certain corporations and trusts authorized authorized to provide personal insurance without consent of insured 132 Limited partnerships; partnership names 257 Limited partnerships; reservation of name 257 Merger or share exchange; effect 257 Merger or share exchange; publication of notice 257 Name change; publication of intent to change name 257 Name change; publication of notice 257 Name reservation 257 National securities exchange; definition 257 Nonprofit corporations; dissolution 257 Nonprofit corporations; publication of articles of merger or consolidation 257 Notices; publication 257 Ordinary relief 257 Partnerships; death or withdrawal of partners; continuation of the business partnership after the death or withdrawal of a partner 257 Shareholders' agreements 257 Small minority business development corporations; capital; membership; directors 176 Taxation; exemption from intangible tax for stock held in certain foreign corporations 1353 Voting; corporate bylaw increasing the quorum or voting requirement for shareholders 257 COUNCIL OF SUPERIOR COURT CLERKS Creation 162

Page LXX

COUNTIES Ad valorem taxation; reports showing millage rate and assessed value required 889 Billiard rooms; taxation, licensing, and regulation 1916 Board of tax assessors; expense of discovering unreturned property; assistance by boards of education 1830 Bonds; expenditure of funds for other than stated purpose 1441 Chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 Children and youth; determination of youth needs 1871 Clerks; training seminar 1689 County children and youth commissions; expenditure of county taxes 793 County property; demolition of county courthouses; referendum 133 Courthouses; demolition; referendum 133 Development impact fees; authorized 692 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Elections; registration; absentee ballots; voter lists used for commercial purposes 143 Eminent domain; sanitary sewage systems 731 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Georgia County Leadership Act; enacted 1642 Indictment of elected county officers 1969 Jails; release of prisoners by sheriffs 1443 Land bank authorities; composition; powers and duties 1875 Local excise taxation on rooms, lodgings, and accommodations; expenditures; rates 1134 Multiyear installment purchase contracts 254 Occupational tax; authority to tax real estate brokers 644 Property; sale or grant to the state 877 Special county sales and use tax; records 382 Special elections; dates Vetoed HB 1628 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Taxation; alternative date for interest on taxes due 289 Taxpayer's appeals 1361 Telephones; county-wide local calling 1672 Training of elected officials 1642 Transportation of garbage and other waste across county lines 1345 Violations of county ordinances; penalties 1345 COURT OF APPEALS Judges; license plates 1902 Judges; mandatory retirement age Vetoed HB 1633 COURTHOUSES Demolition of county courthouses; referendum 133

Page LXXI

COURTS Administrative Office of the Courts; employees 514 Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; supplement 5168 Cobb Judicial Circuit; assistant district attorneys; chief investigator; salary 4456 Cobb Judicial Circuit; superior court; judges; supplement 5263 Code revision 8 Contempt powers 590 Council of Superior Court Clerks; creation 162 Court of Appeals; Judges; mandatory retirement age Vetoed HB 1633 Coweta Judicial Circuit; additional judge 474 District attorneys; personnel positions in office of district attorney 1363 District attorneys; prosecuting attorney defined 1235 District attorneys; secretaries; salary schedule 1226 District attorneys emeritus; minimum state salary 511 District attorneys emeritus; practice of law 222 Division of Family and Children Services; supervision of children removed from home; reports 1765 Dougherty Judicial Circuit; superior court; judges; supplements 4587 Employees' Retirement System of Georgia; membership of employees of the Administrative Office of the Courts or the Judicial Council of Georgia 514 Fines and forfeitures; additional penalties for certain drug related offenses 2018 Flint Judicial Circuit; additional judge 489 Forfeiture; seizure and disposition of property used for gambling; judgment by default 587 Georgia Courts Automation Commission; creation 979 Griffin Judicial Circuit; judges; supplement 4459 Judges emeritus and retired judges; compensation and reimbursement of expenses; judicial assistance 343 Judges of the Probate Courts Retirement Fund of Georgia; secretary-treasurer; dues and benefits 543 Judicial assistance; judges emeritus and retired judges; expenses 343 Judicial assistance from other courts; part-time judges 920 Judicial Council of Georgia; employees 514 Judicial employees; membership in the Employees' Retirement System of Georgia 356 Jurisdiction; renewal of case after dismissal 876 Juvenile courts; associate juvenile court judges and traffic judges; disposition of delinquent children 1691 Juvenile courts; children; removal of children from home; plan of family reunification required 1765 Juvenile courts; children committing certain offenses sentenced to Department of Corrections 1930 Juvenile courts; detention of unruly children 1351 Juvenile courts; supervision fees 1871 Juvenile courts; termination of parental rights 1572 Juvenile courts; termination of parental rights; evidence 1425 License plates; Justices of the Supreme Court and Judges of the Court of Appeals 1902 Magistrate courts; discipline of magistrates 336

Page LXXII

Magistrate courts; postjudgment interrogatories; proceedings in magistrate court 886 Magistrate courts; retired magistrates authorized to perform marriage ceremonies 297 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Probate courts; annual returns of fiduciaries administering estates 294 Probate courts; chief clerk; duties during vacancy in the office of judge 568 Probate courts; guardian and ward; structured settlements; approval 642 Probate courts; jury trials; contempt 1421 Probate courts; training of judges; retirement 312 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 Recordation of maps and plats; subdivision plats; transfer, sale, and offering for sale of land 1505 Retired judges and judges emeritus; compensation and reimbursement of expenses 343 State court judges; exception to residency requirement 349 Superior court clerks; recordation of extensions of covenants running with the land 384 Superior Court Judges Retirement System; membership 550 Superior courts; Atlanta Judicial Circuit; additional judge 497 Superior courts; Augusta Judicial Circuit; additional judge 471 Superior courts; Glynn County; terms 920 Superior courts; judges' secretaries; salary schedule 1226 Superior courts; Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Superior courts; Ocmulgee Judicial Circuit; additional judge 497 Superior courts; recording of maps and plats 1505 Superior courts; Superior Court Clerks' Retirement Fund of Georgia; benefits 1270 Superior courts; Western Judicial Circuit; judges; supplement 3501 Supreme Court of Georgia; Justices; mandatory retirement age Vetoed HB 1633 Temporary assignment of judges 343 , 497 The Georgia Municipal Courts Training Council Act; enacted 882 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance programs 220 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Trial Judges and Solicitors Retirement Fund; membership 550 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Western Judicial Circuit; judges; supplement 3501 COWETA JUDICIAL CIRCUIT Additional judge 474

Page LXXIII

CRAWFORD COUNTY Board of commissioners; salary; referendum 4331 Middle Georgia Surface and Air Transportation Commission; creation 5170 CREDIT CARD ACCOUNTS Interest, finance charges, and other fees 1 CREDIT UNIONS Investment of certain funds by the buying and selling of loan participations authorized 300 CRIMES AND OFFENSES Aggravated sexual battery 1003 Bingo; licensure; fingerprints and photographs 1944 Bombs; criminal possession of explosive device Vetoed HB 1512 Child abuse; central registry established 1772 Child abuse; reporting 1761 Child abuse records 1778 Code revision 8 Controlled substances and dangerous drugs; listing 640 Controlled substances or marijuana; occupational licenses; suspension or revocation for offenses 2009 Controlled substances or marijuana; purchase 992 Counterfeit or false proof of insurance document; manufacture, sale, distribution, or possession; penalties 1440 Criminal factoring of financial transaction card records 304 Criminal trespass by motor vehicle 2048 Criminal trespass by motor vehicle; identification of parking areas 881 Financial transaction card fraud 304 Fines; collection 1331 Fines and forfeitures; additional penalties for certain drug related crimes 2018 Firearms; licenses; persons convicted of drug offenses 2012 Fleeing or attempting to elude a police officer; speeding or leaving the state 585 Forfeiture; seizure and disposition of property used for gambling; judgment by default 587 Gambling devices on ships in state waters Vetoed HB 1512 Gambling; exemptions; devices Vetoed SB 412 Gambling; forfeiture of property 587 Hazing; penalties 1690 License to carry pistols or revolvers; fees 138 Licensed occupations; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana near a school 1097 Possession of firearms; exemptions; United States Attorneys 558 Public officials; holding office after felony conviction involving moral turpitude 2443 Purchase of marijuana or controlled substances 992

Page LXXIV

Racketeer Influenced and Corrupt Organizations Act; alien corporations; registration; real property 322 Reports of crimes committed by educators 1867 School property; reporting of crimes 1834 Seizure and disposition of property used for gambling; judgment by default 587 Sexual assault against persons in custody 1003 Sexual battery 1003 Tattooing near the eye prohibited 1866 CRIMINAL PROCEDURE Bond forfeitures 2336 Code revision 8 Discrimination against employees attending judicial proceedings 590 Fine as condition to probation; amount 1408 Fines; collection 1331 First offenders; probation; records 735 Forfeiture; seizure and disposition of equipment used for gambling; judgment by default 587 Indictment of local officials 1969 Juveniles; sentenced to Department of Corrections 1930 Parole; notice to victim 1001 Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980 CULLODEN, CITY OF City council; election; terms 5207 CULVER KIDD HIGHWAY Designated 943 CURRENCY TRANSACTIONS Regulation; reports 362 D DAHLONEGA, CITY OF Mayor; councilmen; election; terms 4534 DALLAS, CITY OF Corporate limits 4784 DALTON, CITY OF Special assessments; liens 4215

Page LXXV

DAMS Exemptions to Georgia Safe Dams Act of 1978; change of classification; inspections 326 DAY, HAROLD O. Compensation 968 DEBTOR AND CREDITOR Garnishment; individual retirement accounts; pension or retirement benefits 360 Postjudgment interrogatories; proceedings in magistrate court 886 DECATUR, CITY OF Board of education; members; terms 4320 Board of education; rules and regulations; admission policies 4008 Tax deferral for certain elderly persons 4079 DECATUR COUNTY Enhanced 911 emergency telephone service; district; fees and charges 3982 Exchange of property with the State of Georgia 952 DEKALB COUNTY Board of education; members; expense allowance 4540 City of Atlanta and DeKalb County; meetings; notice 4601 Code of Ethics; Board of Ethics of DeKalb County; creation; members; powers; duties 3900 Commission; members; expense allowance 4296 County surveyor; appointment 3843 DeKalb County and DeKalb County School District; millage rates; referendums 5272 DeKalb County Pension Board; beneficiaries; vested terminated employees 5349 DeKalb County Pension Board; prior service credit 5285 Homestead exemption; referendum 3978 Ordinance violations; penalties 4479 Recorder's court; clerk 5304 Recorder's court; penalties 4709 DEPARTMENT OF COMMUNITY AFFAIRS Georgia Allocation System; amended 817 Georgia Music Hall of Fame Authority Act 1062 Minimum standards and procedures for coordinated and comprehensive planning; ratification 945 Powers, duties, and authority with regard to waste management education 412 Regional development centers; supplemental funding formula; ratification 206

Page LXXVI

DEPARTMENT OF CORRECTIONS Children and youth; children committing certain offenses sentenced to Department of Corrections 1930 See also Penal Institutions DEPARTMENT OF HUMAN RESOURCES Children and youth services; children committing certain offenses sentenced to Department of Corrections 1930 Division of Family and Children Services; removal of children from home; reports 1765 Georgia Radiation Control Act; powers and duties 711 Liability insurance; coverage extended to nonprofit agencies providing services to the mentally retarded 1836 Peace Officers' Annuity and Benefit Fund; membership of certain employees 540 Rules and regulations; variances and waivers 791 See also Health; Mental Health; and Social Services DEPARTMENT OF MEDICAL ASSISTANCE Drugs; sole supplier; drug application fee 1808 Interest on orders and judgments 161 Procedure for adoption, amendment, or repeal of rules 1274 DEPARTMENT OF NATURAL RESOURCES Georgia Radiation Control Act; powers and duties 711 Georgia State Games Commission 1146 Minimum standards; ratification 406 Temporarily restrained from promulgating rules regarding gasoline service stations 661 See also Conservation and Natural Resources; Game and Fish; and Waters of the State, Ports, and Watercraft DEPARTMENT OF PUBLIC SAFETY Accident reports 591 Driver improvement programs 194 Notice of cancellation of motor vehicle insurance 1236 Uniform Division; jurisdiction over highway safety rest areas and welcome centers 1329 Uniform Division; qualifications of persons appointed to or enlisted in the Uniform Division 283 See also Law Enforcement Officers and Agencies and Motor Vehicles and Traffic DEPARTMENT OF TECHNICAL AND ADULT EDUCATION State Board of Postsecondary Vocational Education; change of references 1256 State Board of Technical and Adult Education; membership 1903 See also Education

Page LXXVII

DEPARTMENT OF TRANSPORTATION Conveyance of state property 394 See also Highways, Bridges, and Ferries DESMOND T. DOSS MEDAL OF HONOR HIGHWAY Designated 954 DEVELOPMENT AUTHORITIES LAW Disposition of property of dissolved development authorities 383 DEVELOPMENT AUTHORITY OF CITY OF MILLEDGEVILLE AND BALDWIN COUNTY Conveyance of state property 394 DEVELOPMENT IMPACT FEES Georgia Development Impact Fee Act; enacted 692 DEVERELL, WILLIAM L., SR., BRIDGE Designated 202 DICK HUNTER BRIDGE Designated 957 DIESEL FUEL Aboveground storage tanks Vetoed SB 716 DISPOSITION OF UNCLAIMED PROPERTY ACT Revision 1506 DISTRICT ATTORNEYS District attorneys emeritus; minimum state salary 511 Personnel positions in office of district attorney 1363 Prosecuting attorney defined 1235 Secretaries; salary schedule 1226 Uniform Reciprocal Enforcement of Support Act; duties 1832 DISTRICT ATTORNEYS EMERITUS Practice of law 222

Page LXXVIII

DISTRICT ATTORNEYS' RETIREMENT ACT Membership; benefits 865 DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA District attorneys emeritus; practice of law 222 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Employees' Retirement System of Georgia; transfer of membership to 523 DIVORCE Undefended divorce cases; appointment of attorney to determine legality and sufficiency of grounds 1315 Venue and jurisdiction 2430 DODGE COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 DOG POUNDS Euthanasia of dogs and cats 1686 Georgia Animal Protection Act; kennels; licenses 1650 DOMESTIC RELATIONS Adoption 1572 Adoption; surrender of parental rights 1034 Child abuse; central registry established 1772 Child abuse; records; reports of suspected child abuse 1778 Child abuse; reporting requirements 1761 Child abuse; State-wide Child Fatality Review Panel; created 1785 Child custody; applications for appeal Vetoed SB 238 Child custody; change of custody by removing child from school grounds prohibited 344 Child custody; joint and sole custody 1423 Code revision 8 Divorce; undefended divorce cases; appointment of attorney to determine legality and sufficiency of grounds 1315 Divorce; venue and jurisdiction 2430 Family Preservation and Child Protection Reform Act; enacted 1986 Interstate Compact on the Placement of Children; compliance 1572 Marriage; retired magistrates authorized to perform marriage ceremonies 297 State-wide Child Fatality Review Panel; created 1785 Sterilization; consent of spouse 325 Termination of parental rights; evidence 1425 Uniform Reciprocal Enforcement of Support Act; representation of the petitioner by the district attorney 1832

Page LXXIX

DOSS, DESMOND T. Medal of Honor Highway; designated 954 DOUGHERTY COUNTY Board of commissioners; salary 4621 Superior court; judges; supplements 4587 DOUGHERTY JUDICIAL CIRCUIT Superior court; judges; supplements 4587 DOUGLAS COUNTY Board of commissioners; membership; elections; referendum 3650 Coroner; compensation 3768 Homestead exemption; referendum 3658 Homestead exemption; referendum 3662 Homestead exemption; school district taxes; referendum 3643 West Georgia Regional Water Authority; members; quorums 4729 DOWNTOWN DEVELOPMENT AUTHORITIES Directors; qualifications 570 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY District 5033 Members; appointment and election; district 3921 DRIVERS' LICENSES See Motor Vehicles and Traffic DRUG-FREE POSTSECONDARY EDUCATION ACT State funds denied students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 DRUG-FREE PUBLIC WORK FORCE ACT OF 1990 Enacted 2004 DRUG-FREE WORKPLACE ACT Enacted 1081 DRUGS Applicants for state employment; drug testing 2046 Controlled substances and dangerous drugs; listing 640

Page LXXX

Crimes and offenses; manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana near a school 1097 Drivers' licenses; delay of issuance of driver's license to person under 16 years of age for drug offense or driving under the influence 1148 Drivers' licenses; suspension of licenses upon conviction of possession of controlled substance or marijuana 1149 Driving under the influence; presence of marijuana or controlled substance in blood or urine 2048 Drug-free Postsecondary Education Act; state funds denied students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 Drug-free Public Work Force Act of 1990; enacted 2004 Drug-free Workplace Act; enacted 1081 Drug testing of certain state employees 2028 Education; prescribed course of study of alcohol and drug abuse 2043 Fines and forfeitures; additional penalties for certain drug related offenses 2018 Georgia Development Authority; exclusion from programs of persons convicted of illegal drug activities 2026 Georgia Residential Finance Authority; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Licenses; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Licenses to carry firearms 2012 Mandatory drug testing of candidates for certain state offices 2015 Marijuana or controlled substances; purchase 992 Public retirement systems; forfeiture of rights and benefits upon conviction of drug related crime 2019 Public Service Commission; inspections and arrests 2022 Student Organization Responsibility for Drug Abuse Act; enacted 2033 Taxation of illegal drugs; jeopardy assessments in cases involving possession, sale, or distribution of illegal drugs 2041 Taxation of marijuana and controlled substances 1231 Workers' compensation; injury or death due to marijuana or controlled substance 1147 Workers' compensation; out-of-state mail order pharmacies 1087 DUBLIN, CITY OF Corporate limits 4072 Middle Georgia Surface and Air Transportation Commission; creation 5170 DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM Approval; fees 1154 Attendance by persons 16 years of age 1097 DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT Enacted 1101

Page LXXXI

DYKES, EVERETT FLOYD Highway designated 978 E EARNEST, WARREN D., SR., BRIDGE Designated 201 EAST DUBLIN, TOWN OF Mayor; councilmembers; election; districts 4193 Name changed to City of East Dublin 4145 EAST POINT, CITY OF City manager 5427 Public utilities 5397 EASTERN JUDICIAL CIRCUIT District attorney; salary supplement 4355 EASTMAN, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ECONOMIC REHABILITATION ACT OF 1975 Amended 1436 EDUCATION Alcohol; development and dissemination of information 1972 Alcohol and drug abuse; prescribed course of study 2043 Alternative programs beyond regular educational programs 1354 Assessment for first grade readiness; tests, procedures, and policies 1359 Attendance officers; authority to employ limited 688 Certification of professional personnel; fees 1339 Child custody disputes; removal of child from school premises prohibited 344 Code revision 8 College and university presidents or designees; voter deputy registrars Vetoed HB 1419 College Opportunity Act; enacted 1448 College or university presidents or designees as deputy voter registrars 143 Contracts and purchases by public schools; multiyear lease, purchase, or lease purchase contracts 1035 Crime reporting 1834 Crimes; reporting of certain crimes by any school system educator 1867 Department of Education; Georgia Administrative Procedure Act 794

Page LXXXII

Drug-free Postsecondary Education Act of 1990; state funds denied to students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 Drug-free school zones 1097 Education Partnership Act of 1990; enacted 1132 Education trust fund; assistance to students and parents; postsecondary education 2433 Employee benefit plan council; schoolteachers and public school employees; participation 1247 Equalization grants 1354 Full-time equivalent count 1354 Georgia Education Trust; created 1448 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Georgia Military College; board of trustees; creation; authority and duties; scholarships 579 Georgia Proprietary School Act; repealed 1166 Georgia Public Telecommunications Commission; creation 594 Georgia Student Finance Commission; membership 1903 Hazing; penalties 1690 Health insurance; schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924 Isolated school grants Vetoed SB 411 Kindergarten and primary grades; instructional costs 1972 Local boards; authority to employ attendance officers limited 688 Local boards of education; assistance in expense of discovering unreturned property for school taxes 1830 Local boards of education; failure to arrange for operation of schools 1343 Local boards of education; procedure for filling vacancies 1261 Middle schools; criteria and standards for grants 892 Nonpublic Postsecondary Education Commission; creation 1166 Nonpublic Postsecondary Educational Institutions Act of 1990; enacted 1166 North Georgia College; military scholarships; selection 1903 Peace officers employed by universities, colleges, and schools; search warrants 1980 Performance evaluation of teachers 1312 Postsecondary Educational Authorization Act of 1978; repealed 1166 Prescribed courses 1972 Professional and staff development programs; stipends 1254 Quality Basic Education Act; program weights 847 School buses; transportation to nonschool activities; reimbursement 917 School year; automatic repeal of authority of local boards of education to vary length repealed 1269 Sick leave; employees of the Department of Technical and Adult Education 1972 Sparsity grants Vetoed SB 411 Staff and professional development; use of funds 918 State Board of Education; Georgia Administrative Procedure Act 794 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256 State Board of Technical and Adult Education; membership 1903 Student Organization Responsibility for Drug Abuse Act; enacted 2033 Student teachers; additional payment to supervisors 1354 Suspending and reopening local school systems 1344

Page LXXXIII

Teacher support specialists 1354 Teachers; assessment of performance 1312 Teachers' certificates; fees 1339 Teachers' certificates; applicants who have not completed a teacher preparation program 1487 University System of Georgia; aid to or from law enforcement agencies 1959 EDUCATION PARTNERSHIP ACT OF 1990 Enacted 1132 EDUCATION TRUST FUND Assistance to students and parents; postsecondary education 2433 EFFINGHAM COUNTY Homestead exemption; school district taxes; referendum 4035 ELBERT COUNTY Board of education; salary and expenses 3508 ELDERLY PERSONS Transportation services 915 ELECTIONS Campaign contribution disclosure reports; soil and water conservation district supervisors exempted from filing 643 Campaign contributions; disclosures 922 Campaign contributions; disposition; conversion to personal use 1327 Code revision 53 Constitutional or statutory boards for which membership is based on residency in a congressional district; continuation in office 1903 County courthouses; demolition; referendum 133 Deputy registrars; chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 Deputy registrars; presidents of public or private colleges or universities or their designees to serve as deputy registrars Vetoed HB 1419 Drug testing; candidates for certain state offices 2015 Ethics in Government Act; campaign contributions; disclosures 922 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Municipal elections; dates 1399 Municipal special elections; dates Vetoed HB 1628 Nominating petitions 243 Paupers' affidavits 243 Political parties; certification 243 Primaries; conduct 243

Page LXXXIV

Public officials; holding office after felony conviction involving moral turpitude 2443 Recall Act of 1989; legal sufficiency of petition; judicial review 1939 Registrars 243 Registrars; appointment and compensation of chief registrars and other registrars 1282 Registration; absentee ballots; college or university presidents or designees as deputy registrars 143 Selection and qualification of candidates for certain state offices; drug testing 2015 Special elections; dates for special elections Vetoed HB 1628 Special municipal elections; dates 243 Special municipal primaries; dates 243 Tabulating machines 243 Voter lists; use for commercial purposes prohibited 143 ELECTRIC MEMBERSHIP CORPORATIONS Encumbrance of after-acquired property 256 ELIZA BAPTIST CHURCH Conveyance of state property 207 ELLAVILLE, CITY OF New charter; governing authority; powers; duties 3677 ELOISE WOOLDRIDGE BRIDGE Designated 984 EMANUEL COUNTY Board of commissioners; salary 4324 EMERGENCY MEDICAL SERVICES Indemnification of licensed emergency management rescue specialists; killed or permanently disabled 2432 EMERGENCY MEDICAL TECHNICIANS Indemnification 646 EMERGENCY TELEPHONE SYSTEM FUND Establishment by local governments with 911 systems 179 EMERGING CROPS FUND ACT Fund established to make loans for cost of establishing emerging crops 1696

Page LXXXV

EMERGING CROPS LOAN FUND Financial assistance to farmers 2441 Proposed amendment to the Constitution 2445 EMERSON, CITY OF Corporate limits 3888 EMINENT DOMAIN Code revision 8 Sanitary sewerage systems 731 EMPLOYEE BENEFIT PLAN COUNCIL Health care or dependent care spending accounts; deductions; state employees 567 Schoolteachers and public school employees; participation 1247 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Appellate court judges; mandatory retirement age Vetoed HB 1633 Creditable service; forfeited annual and sick leave 539 Creditable service for certain military service authorized 521 Creditable service for certain teaching service 508 Creditable service for employees of certain county departments of family and children services 993 Creditable service for military service; World War II 1225 District Attorney's Retirement System; transfer of membership from 523 General Assembly; group term life insurance for members and former members of the General Assembly authorized 1263 Georgia Federal-State Shipping Point Inspection Service employees; creditable service 556 Georgia Hazardous Waste Management Authority; membership of officers and employees 527 Membership; employee contributions; judicial employees 514 Membership of judicial employees 356 Restoration to service of disability beneficiary 525 Retirement allowances for certain employees revised; contributions 532 Survivors benefits and group term life insurance for members, former members, and retired members 1263 Tax commissioners, tax collectors, tax receivers, and employees; eligibility for membership 527 EMPLOYER AND EMPLOYEE Discrimination against employee for attending a judicial proceeding; exceptions 590

Page LXXXVI

EMPLOYMENT SECURITY LAW Fishing 870 Joing Legislative and Public Task Force on Revising Georgia Employment Security Law; creation 203 ENDOWMENT FUNDS Regulation 1471 ENGINEERS Workers' compensation; professional engineers exempted from third-party actions 1164 ENIGMA, TOWN OF Mayor; councilmen; elections; terms 4042 ENVIRONMENTAL PROTECTION See Conservation and Natural Resources; Health; and Waters of the State, Ports, and Watercraft ERNEST W. STRICKLAND BRIDGE Designated 214 ETHICS IN GOVERNMENT ACT Campaign contributions; disclosures 922 Campaign contributions; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 EVERETT FLOYD DYKES HIGHWAY Designated 978 EVIDENCE AIDS confidential information; disclosure 705 Children; competence in certain cases 1795 Privilege; qualified privilege for persons engaged in news gathering and dissemination 167 Termination of parental rights 1425 Witness fees; arson investigators of the state fire marshal's office or members of local fire departments 1446 Witnesses; children competent witnesses in certain cases 1795 EXPLOSIVE DEVICES Criminal possession Vetoed HB 1512

Page LXXXVII

F F. EMORY GREENE MEMORIAL BRIDGE Designated 983 FACSIMILE MESSAGES Unsolicited commercial facsimile messages prohibited 252 FAIR HOUSING Fair housing and discriminatory practices relating to housing transactions 1284 Real estate brokers and salespersons; sanctions for discriminatory practices 650 FAMILIES AND CHILDREN Emotionally disturbed children; delivery of social services 1798 Social services; delivery to families and children 1986 FAMILY PRESERVATION AND CHILD PROTECTION REFORM ACT Enacted 1986 FARMERS' MARKETS Defined; rental or leasing 320 FAYETTE COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 Probate court; judge; salary Vetoed HB 1885 Probate court; judge; salary 4648 School superintendent; appointment; term; referendum 4317 Sheriff; salary 4100 Superior court; clerk; salary Vetoed HB 1884 Superior court; clerk; salary 4652 Tax commissioner; salary Vetoed HB 1882 Tax commissioner; salary 4650 FAYETTEVILLE, CITY OF Mayor; councilmen; election; terms; posts 4775 FEDERAL UNEMPLOYMENT TAX ACT Resolution urging the federal government to provide adequate funds for employment and unemployment programs 128

Page LXXXVIII

FIDUCIARIES Annual returns of fiduciaries administering estates 294 Entities acting as corporate fiduciaries 301 See also Wills, Trusts, and Administration of Estates FINANCIAL TRANSACTION CARDS Credit card accounts 1 Criminal factoring of financial transaction card records 304 FINE ARTS Rights; reservation by the artist 164 FINES AND FORFEITURES Bond forfeitures 2336 Collection 1331 Drug related crimes 2018 Fine as condition to probation; amount 1408 FIRE DEPARTMENTS Minimum requirements for organization 354 FIRE PROTECTION AND SAFETY Aboveground storage tanks for disel fuel Vetoed SB 716 Blasting and excavating near gas pipes and underground facilities 805 Minimum requirements for organization of a fire department 354 Smoke detectors required in certain buildings 1500 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Witness fees; arson investigators of state fire marshal's office or members of local fire departments 1446 FIREARMS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; United States Attorneys 558 FIREMEN Indemnification 646 FISHING LICENSES Fees 2422 See also Game and Fish

Page LXXXIX

FITZGERALD, CITY OF Homestead exemption; referendum 4146 Revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 , 5391 FLINT JUDICIAL CIRCUIT Additional judge 489 FLOYD COUNTY Juvenile court; judge; election; salary 3896 FOLKSTON, CITY OF Corporate limits; referendum 4217 FOOD, DRUGS, AND COSMETICS Adulterated food; pesticide residue 318 Canned or perishable food; donation to charitable or nonprofit organizations; immunity from suit 44 Code revision 8 Honey and imitation honey; penalty for mislabeling 391 FOREST PARK, CITY OF Corporate limits 4246 FOREST PRODUCTS Dimension lumber; grading 338 Georgia Forest Products Trucking Rules 709 Standing timber; ad valorem taxation 1869 , 1901 Standing timber; ad valorem taxation 2437 FORMER PRISONERS OF WAR RECOGNITION DAY Designated 1061 FORSYTH, CITY OF Homestead exemption; referendum 4764 Middle Georgia Surface and Air Transportation Commission; creation 5170 FORSYTH COUNTY Homestead exemption; school district taxes; referendum 4680 Johns Creek Community Improvement District; creation 4665

Page XC

FORT VALLEY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 FRANCES M. HARRIS Compensation 951 FRATERNITIES Student Organization Responsibility for Drug Abuse Act; enacted 2033 FULTON COUNTY Board of commissioners; chairman; election; vacancy 4531 Board of education; pension and retirement system 3931 Easement through state property 948 Fulton County School Employees Pension System; membership of board 4913 Library system; trustees; per diem 3715 State court; clerk; marshal; costs; fees 3558 FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS General provisions; State Board of Funeral Service; licenses; operation of funeral establishments 1372 FUNERALS Law enforcement officers directing funerals granted immunity 1319 G GAINESVILLE, CITY OF Commission redesignated as council; commissioners redesignated as councilmembers 5352 Employees' retirement plan 5447 Mayor and councilmembers; compensation 5456 GAMBLING Exemptions; devices Vetoed SB 412 Forfeiture of property 587 Ships containing gambling devices in state waters Vetoed HB 1512 GAME AND FISH Code revision 8 Commercial hunting preserves; licenses 386 Conservation rangers; authority to assist law enforcement agencies in crime prevention and apprehension of criminals 376

Page XCI

Creel and possession limits; red drum, commonly known as spot-tail bass or channel bass 762 Fishing; unemployment compensation 870 Fishing and hunting licenses; fees 2422 Georgia Administrative Procedure Act; applicability to rules and regulations of the Board of Natural Resources 223 Legal hunting weapons; handguns 380 Marine toilets on certain lakes 1218 , 317 Taxidermists; licensure 386 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 GARNISHMENT Individual retirement accounts; pension or retirement benefits 360 GAS PIPES Blasting or excavating near 805 GENERAL ASSEMBLY Acts granting compensation increases to municipal officers and employees; effective date 1397 Commissioner of Insurance; supplemental report on property and casualty insurance 1496 Employees' Retirement System of Georgia; group term life insurance for members and former members of the General Assembly authorized 1263 Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Georgia Courts Automation Commission; creation 979 Georgia Laws; legislative counsel to compile, index, edit, and publish 782 Georgia Legislative Retirement System; creditable service for prior service as member of the General Assembly 534 Georgia Legislative Retirement System; retirement allowance 510 Georgia Music Hall of Fame Overview Committee; creation 1079 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Joint Workers' Compensation Study Committee; creation 972 Legislative counsel; compiling, indexing, editing, and publishing Georgia Laws 782 Legislative Services Committee; meetings; approval of invoices 366 Metropolitan Atlanta Rapid Transit Overview Committee; extend existence 956 Municipal officers and employees; compensation increases; effective dates 1397 GENERAL PROVISIONS Children's Day declared 175 Former Prisoners of War Recognition Day; designated 1061

Page XCII

Laws and statutes; effective date of census for certain purposes changed 1903 Municipal officers and employees; compensation increases; effective dates 1397 GENERAL ROBERT L. SCOTT HIGHWAY Designated 974 GEOLOGISTS Workers' compensation; exemptions from third-party actions 1164 GEORGIA ADMINISTRATIVE PROCEDURE ACT Applicability to State Board of Education and Department of Education 794 Board of Natural Resources; applicability to rules 223 Department of Medical Assistance; rules 1274 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY Members' compensation 6 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Membership of Secretary of State 872 GEORGIA ALLOCATION SYSTEM Amended 817 GEORGIA ANIMAL PROTECTION ACT Euthanasia of dogs and cats 1686 Pet dealers and kennel, stable, and animal shelter operators; license fees; stable redefined 1650 Quarantine of animals with contagious disease 1650 GEORGIA AUCTIONEERS COMMISSION Terms; reports; termination date 576 GEORGIA BOAT SAFETY ACT Protected fresh waters; marine toilets 1218 , 317 GEORGIA BUREAU OF INVESTIGATION Peace Officers' Annuity and Benefit Fund; membership of certain employees 540 State Medical Examiner; Medical Examiner Advisory Commission 1735

Page XCIII

GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Termination date 1445 GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT Biomedical waste thermal treatment technology facilities; permits 1222 Enacted 412 Solid waste disposal sites; permits 1222 GEORGIA CONDOMINIUM ACT Association; meetings; rules and regulations; termination 227 Condominium instruments; amendment; special assessments; common expenses allocation; common elements 227 Insurance; coverage; allocation of deductible 227 GEORGIA COORDINATE SYSTEM OF 1985 Distances; expression in either meters or feet 168 GEORGIA CORONER'S TRAINING COUNCIL Quorum 1967 Terms of office 333 GEORGIA COUNCIL FOR THE ARTS Membership 1903 GEORGIA COUNTY LEADERSHIP ACT Enacted 1642 GEORGIA COURTS AUTOMATION COMMISSION Creation 979 GEORGIA CRIME INFORMATION CENTER Dissemination of records 1831 GEORGIA DEATH INVESTIGATION ACT Enacted 1735 GEORGIA DEVELOPMENT AUTHORITY Emerging Crops Fund Act; administration of the Emerging Crops Fund 1696 Emerging Crops Fund Act; administration of the Emerging Crops Fund 2445 , 2441 Exclusion from programs of persons convicted of illegal drug activities 2026

Page XCIV

GEORGIA DEVELOPMENT IMPACT FEE ACT Enacted 692 GEORGIA EDUCATION TRUST Created 1448 GEORGIA EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977 Local governments; monthly fees; indemnification; ultimate responsibility to service suppliers 179 GEORGIA FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT Enacted 328 GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE Retirement; creditable service 556 GEORGIA FIREMEN'S PENSION FUND Benefits 554 GEORGIA FOOD ACT Adulterated food; pesticide residue 318 GEORGIA FOREST PRODUCTS TRUCKING RULES Adoption and promulgation by the Public Service Commission 709 GEORGIA GIFT TO MINORS ACT Repealed 667 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT Employees' Retirement System of Georgia; membership of officers and employees 527 Hazardous waste reduction plans 1427 Membership and duties of the authority 1983 GEORGIA HEARING AID DEALERS AND DISPENSERS ACT State Board of Hearing Aid Dealers and Dispensers; termination date 1857 GEORGIA LAND SALES ACT Enacted 606

Page XCV

GEORGIA LAWS Legislative counsel to compile, index, edit, and publish 782 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Creditable service for prior service as member of the General Assembly 534 Retirement allowance 510 GEORGIA LIFE INSURANCE AND HEALTH INSURANCE GUARANTY ASSOCIATION Assessments 1367 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Drugs; Department of Human Resources; negotiation for drugs from sole supplier; drug application fee 1808 Interest on orders and judgments 161 Rules 1274 GEORGIA MILITARY COLLEGE Board of trustees; creation; authority and duties; scholarships 579 GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT Amended 1004 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM Name changed from Joint Municipal Employees Benefit System 190 GEORGIA MUNICIPAL TRAINING ACT Enacted 1642 GEORGIA MUSIC HALL OF FAME AUTHORITY ACT Enacted 1062 GEORGIA MUSIC HALL OF FAME AUTHORITY OVERVIEW COMMITTEE Created 1079 GEORGIA MUTUAL AID ACT Public safety director or chief of police of any institution within the University System of Georgia authorized to aid or request aid from local law enforcement agencies 1959

Page XCVI

GEORGIA 1992 COMMISSION Created 1732 GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 Pesticide contractor's license; crop dusters; agricultural applications 1253 GEORGIA POWER COMPANY Easement across state property in Fulton County 399 GEORGIA PROPRIETARY SCHOOL ACT Repealed 1166 GEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION Created 594 GEORGIA RADIATION CONTROL ACT Revised 711 GEORGIA RAIL PASSENGER AUTHORITY Membership 1903 GEORGIA REAL ESTATE APPRAISERS BOARD Created 1701 GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT Amended 747 GEORGIA RESIDENTIAL FINANCE AUTHORITY Drug crimes; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Powers and duties; loans; bonds; subsidiary authorities; tax exemption of property 1039 GEORGIA SAFE DAMS ACT OF 1978 Exemptions; change of classification; inspections 326 GEORGIA SECURITIES ACT OF 1973 Definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Investment advisers 1332

Page XCVII

GEORGIA STATE GAMES COMMISSION Assigned to Department of Natural Resources 1146 GEORGIA STATE WAREHOUSE ACT Licenses 340 GEORGIA STUDENT FINANCE COMMISSION Georgia Education Trust; created 1448 Membership 1903 State funds denied students who commit offenses involving marijuana, controlled substances, or dangerous drugs 2037 GEORGIA TIME-SHARE ACT Definitions; campsite programs 227 GEORGIA TRADE SECRETS ACT OF 1990 Enacted 1560 GEORGIA TRANSFERS TO MINORS ACT Enacted 667 GEORGIA WATER QUALITY CONTROL ACT Civil penalty 1211 Combined sewer overflow systems; permits 1201 Combined sewer overflows 1216 Lakes; water quality standards 1207 Phosphorus; retail sale of certain cleaning agents prohibited 1203 GEORGIANET AUTHORITY Created 1566 GLENNVILLE, CITY OF Corporate limits 4466 GLYNN COUNTY Easement through state property to the Brunswick and Glynn County Development Authority 965 Superior court; terms 920 GOOD HOPE, CITY OF New charter; governing authority; duties; powers; salary 4877

Page XCVIII

GORDON COUNTY Board of commissioners; creation; election; powers; duties; referendum 3745 Board of commissioners; purchases 5309 Enhanced 911 emergency telephone service 4310 GOVERNOR'S COMMISSION ON OBSTETRICS Created 573 GRAND JURIES Indictment of local officials 1969 GRAY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 GRAYSON, CITY OF Municipal court 5497 GREENE COUNTY Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 GREENE, F. EMORY Memorial bridge designated 983 GRIFFIN, CITY OF Board of commissioners; chairman designated; powers; duties; referendum 4596 Board of commissioners; taxation and finance powers; homestead exemption; referendum 3734 GRIFFIN JUDICIAL CIRCUIT Judges; supplement 4459 GUARDIAN AND WARD Disputed claims; probate court authorized to approve structured settlements 642 Incapacitated adults; appointment of guardian; modification or termination of guardian; death of ward 764 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 GWINNETT COUNTY Board of commissioners; itemized account of funds 3998

Page XCIX

Board of registrations and elections; appointments; vacancies; elections supervisor; meetings 5022 Homestead exemption; school district taxes; referendum 3774 H HABITUAL VIOLATORS Driving under the influence 1154 Motor Vehicle Safety Responsibility Act; financial responsibility 649 HALL COUNTY Civil service system; board members; assistant county administrator; definitions; appeals 5294 HAMPTON, CITY OF Municipal court; jurisdiction; powers 4445 HANCOCK COUNTY Board of commissioners; compensation 4424 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 HANDGUNS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession; United States Attorneys 558 HANDICAPPED PERSONS Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired; termination date 1943 Incapacitated adults; guardianships 764 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 Transportation services 915 HAPEVILLE, CITY OF Mayor, councilmembers; elections; terms 3648 Redevelopment powers; referendum 3665 HARALSON COUNTY Board of commissioners; creation; elections; terms; powers; duties; referendum 3868 West Georgia Regional Water Authority; members; quorums 4729

Page C

HAROLD O. DAY Compensation 968 HARRIS, FRANCES M. Compensation 951 HART COUNTY Sheriff; compensation 4524 Superior court; clerk; probate court; judge; salaries 4528 Tax commissioner; salary 4526 HARTWELL, CITY OF City councilman; election 3914 HAWKINSVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 HAZARDOUS MATERIALS Aboveground storage tanks for diesel fuel Vetoed SB 716 HAZARDOUS WASTE Georgia Hazardous Waste Management Authority; membership and duties of the authority 1983 Hazardous waste reduction plans 1427 Joint Study Committee on Hazardous Waste Management; creation 962 HAZING Penalties 1690 HEALTH Certificates of need; revocation; services 860 Code revision 8 Continuing care providers; regulation by the Insurance Department 1817 Department of Human Resources; rules and regulations; variances and waivers 791 Disclosures to patients; intraductal injection 1400 Durable Power of Attorney for Health Care Act; enacted 1101 Emergency rooms; notice of rights of women in labor and persons with emergency medical conditions 1810 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Georgia Radiation Control Act 711 Health Care Personnel Policy Advisory Commission; creation 1051 Health Planning Review Board; composition 1903

Page CI

Health Planning Review Board; membership; hearings 1469 Health Policy Council; composition 1903 HIV tests 705 Home health agencies; exemption from certificates 378 Hospital authorities; functions and powers; nursing and health care education 310 Hospital Equipment Financing Authority; name changed; powers and authority 894 Hospitals; staff privileges; reports of disciplinary actions 561 Indigent Care Trust Fund; creation 139 Licensed Practical Nurses; licensure; reciprocity with other states 891 Mammograms and Pap smears; insurance 1057 Penal institutions; sanitation and health requirements 135 Radiation; Georgia Radiation Control Act 711 Regulation of hospitals and institutions; institutions defined 381 Restate purposes of land conveyance to Richmond County Board of Health 977 State Health Planning Agency; directed to make studies and reports 970 Sterilization procedures; consent of spouse 325 Tattooing near the eye prohibited 1866 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 See also Handicapped Persons; Insurance; and Mental Health HEALTH CARE FACILITIES Certificates of need; revocation; services 860 HEALTH CARE PERSONNEL POLICY ADVISORY COMMISSION Creation 1051 HEALTH MAINTENANCE ORGANIZATIONS Insurance 1275 HEALTH PLANNING REVIEW BOARD Composition 1903 Membership; hearings 1469 HEALTH POLICY COUNCIL Composition 1903 HEARD COUNTY Sheriff; compensation 4074 HEARING AID DEALERS AND DISPENSERS State Board of Hearing Aid Dealers and Dispensers; termination date 1857

Page CII

HENRY COUNTY Board of commissioners; chairman; election; referendum 5232 Board of education; members; elections; referendum 4476 Enhanced 911 emergency telephone service; fees 4708 School superintendent; appointment; referendum 4474 HIGHWAYS, BRIDGES, AND FERRIES Code revision 8 Culver Kidd Highway; designated 943 Desmond T. Doss Medal of Honor Highway; designated 954 Dick Hunter Bridge; designated 957 Eloise Wooldridge Bridge; designated 984 Ernest W. Strickland Bridge; Joe A. Whitherington Bridge; Banks Crossing Highway; designated 214 Everett Floyd Dykes Highway; designated 978 F. Emory Greene Memorial Bridge; designated 983 Financial assistance for transportation services for elderly and handicapped persons 915 General Robert L. Scott Highway; designated 974 Georgia Forest Products Trucking Rules 709 Jennie Weyman Memorial Bridge; designated 405 Joe A. Whitherington Bridge; designated 988 , 214 Length restrictions; automobile carriers 255 Luther S. Colbert Memorial Bridge; designated 933 Luther V. Land Bridge and J. R. Reeves Bridge; designated 212 Plantation Parkway; designated 974 Rest areas and welcome centers; State Patrol 1329 State Transportation Board; per diem allowance for members 296 U. S. 441 Business Historic Route; extended and redesignated 943 Warren D. Earnest, Sr. Bridge; designated 201 William L. Deverell, Sr. Bridge; designated 202 HINESVILLE, CITY OF Mayor; council members; election; terms; referendum 4047 HIRAM, CITY OF Corporate limits 4609 HISTORIC PROPERTY Taxation of landmark historic property 1122 HOLDING TANKS Marine toilets 317 , 1218 Sewage Holding Tank Act; enacted 861

Page CIII

HOLIDAYS AND OBSERVANCES Children's Day; declared 175 Former Prisoners of War Recognition Day; designated 1061 HOME HEALTH AGENCIES Exemptions from certificates 378 HONEY Mislabeling; penalties 391 HONEYBEES Diseases; Africanized bees 373 HOSPITAL AUTHORITIES LAW Functions and powers of hospital authorities; nursing and health care education 310 HOSPITAL EQUIPMENT FINANCING AUTHORITY ACT Name changed to Hospital Financing Authority Act; construction and financing of facilities 894 HOSPITAL FINANCING AUTHORITY ACT Name changed from Hospital Equipment Financing Authority Act; powers of authority broadened 894 HOSPITALS Certificates of need; revocation; services 860 Disclosures to patients; intraductal injection 1400 Emergency rooms; notice of rights of women in labor and persons with emergency medical conditions 1810 Hospital Financing Authority; acquisition and construction of facilities 894 Regulation; institution defined 381 Staff privileges; reports of disciplinary actions 561 HOUSTON COUNTY Board of commissioners; chairman; election; compensation; powers 3510 Enhanced 911 Service District Act 3517 Middle Georgia Surface and Air Transportation Commission; creation 5170 Sales and use tax; ad valorem tax 4212 HUMAN RESOURCES, DEPARTMENT OF Rules and regulations; variances and waivers 791

Page CIV

HUNTER, DICK, BRIDGE Designated 957 HUNTING LICENSES Fees 2422 See also Game and Fish I IMPACT FEES Georgia Development Impact Fee Act; enacted 692 INDIGENT CARE TRUST FUND Created 139 INDIVIDUAL RETIREMENT ACCOUNTS Garnishment 360 INFORMED CONSENT Intraductal injections 1400 INSPECTION OF PUBLIC RECORDS Computer programs and software 341 INSURANCE Code revision 8 Commissioner of Insurance; supplemental report on property and casualty insurance 1496 Consent of insured for personal insurance; exception; corporations; trusts 132 Continuing care providers; regulation by the Insurance Department 1817 Counterfeit or false proof of insurance document; manufacture, sale, distribution, or possession; penalties 1440 Domestic mutual insurers; types of insurance allowed 1275 Fair access to insurance; time 1283 Fraudulent insurance acts 1477 Georgia Life and Health Insurance Guaranty Association; assessments 1367 Group life insurance; rating of small groups; notice of premium increases 1402 Group or blanket accident and sickness insurance; rating of small groups; notice of premium increases 1402 Health benefit plans; private review agents; certification 1088 Health maintenance organizations 1275 Individual accident and sickness insurance policies; deductibles 1402 Life insurance; notice to persons insured under life or accident and sickness policies 1000

Page CV

Mammograms and Pap smears; optional coverage 1057 Medicare supplement insurance; minimum policy standards 814 Motor vehicle insurance; notice of cancellation 1236 Motor vehicle insurance; premium reduction; driver improvement clinics 194 Motor vehicles; assigned risk plans 738 Pap smears and mammograms; optional coverage 1057 Personal insurance; application and consent of the insured; exception; corporations; trusts 132 Private review agents; certification 1088 Rates; discounts for honor students and good drivers 1477 Surplus requirements 1275 Transfer of certain provisions to Motor Vehicle Code 2048 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Workers' compensation; group self-insurance funds 997 Workers' compensation insurance; filing of rates 1409 Workers' compensation insurance; optional deductible 392 INTERGOVERNMENTAL COUNCIL OF CHATHAM COUNTY Creation; members; duties 3928 INTRADUCTAL INJECTIONS Disclosures to patients 1400 INVESTMENT ADVISER Defined 1332 IRWIN COUNTY Board of commissioners; chairman; salary 4123 Deputy sheriffs; compensation; appointments 3731 IRWINTON, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Middle Georgia Surface and Air Transportation Commission; creation 5170 IVEY, CITY OF Homestead exemptions; referendum 3787 IVEY, JAMES R., JR. Conveyance of state property 197

Page CVI

J J. R. REEVES BRIDGE Designated 212 JAILS City jail fund of municipalities of 300,000 or more 172 Municipal detention facilities; safety and security; dispatchers; jailers 1371 Release of prisoners prior to completion of sentence 1443 Sexual assault against persons in custody 1003 Transmittal of information on convicted persons 565 See also Penal Institutions JASPER COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 JEFFERSON, CITY OF Ordinances; approval and adoption 4542 Public school system; school tax 4544 JEFFERSON COUNTY Board of education; election; school superintendent; appointment; referendum 4224 JEFFERSONVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 JEKYLL ISLANDSTATE PARK AUTHORITY Membership of Secretary of State 872 JENKINS COUNTY Board of education; salary and expenses 4236 JENNIE WEYMAN MEMORIAL BRIDGE Designated 405 JERSEY, CITY OF New charter; governing authority; election; terms 4484

Page CVII

JOE A. WHITHERINGTON BRIDGE Designated 988 , 214 JOHNS CREEK COMMUNITY IMPROVEMENT DISTRICT Creation 4665 JOHNSON COUNTY Board of commissioners; purchases; office supplies for county officers 5301 JOINT BOARD OF FAMILY PRACTICE Expense allowance and travel cost reimbursement 1320 JOINT LEGISLATIVE AND PUBLIC TASK FORCE ON REVISING GEORGIA'S EMPLOYMENT SECURITY LAW Creation 203 JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM Name change; investment of funds 190 JOINT STREETING COMMITTEE FOR THE GEORGIA GENERAL ASSEMBLY'S CONFERENCE ON CHILDREN OF COCAINE AND SUBSTANCE ABUSE Creation 985 JOINT STUDY COMMITTEE ON HAZARDOUS WASTE MANAGEMENT Creation 962 JOINT STUDY COMMITTEE ON PARKS, RECREATION, HISTORIC PRESERVATION, AND NATURAL AREAS Creation 989 JOINT WILKINSON-MCINTYRE-IRWINTON-TOOMSBORO WATER AND SEWER AUTHORITY Creation 4685 JOINT WORKERS' COMPENSATION STUDY COMMITTEE Creation 972 JONES COUNTY Homestead exemption; referendum 3790

Page CVIII

Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Creditable service 312 Secretary-treasurer; dues and benefits 543 JUDICIAL COUNCIL OF GEORGIA Employees; Employees' Retirement System of Georgia; membership 514 JURIES Discrimination against employees on jury duty 590 JUVENILE COURTS Associate juvenile court judges and traffic judges; disposition of delinquent children 1691 Deprivation; competency of children to testify 1795 Detention of unruly children 1351 Incorrigible children; sentencing; Department of Corrections 1930 Removal of children from home 1765 Supervision fees 1871 Termination of parental rights; adoption 1572 Termination of parental rights; evidence 1425 JUVENILE JUSTICE COORDINATING COUNCIL Membership 1871 K KENNESAW, CITY OF Corporate limits 5044 Mayor and councilmen; elections; terms of office 4920 KIDD, CULVER Highway designated 943 KINGSTON, CITY OF New charter; governing authority; powers; duties; compensation 3944 L LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act; exemptions 816

Page CIX

Carnival Ride Safety Act; amended 1945 Code revision 8 Discrimination against employee for attending a judicial proceeding; exceptions 590 Employment Security Law; fishing 870 Federal Unemployment Tax Act; adequate funds urged 128 Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law; creation 203 Unemployment compensation; fishing 870 Workers' compensation; benefits; board; procedures; suppliers; physicians; peer review 1409 Workers' compensation; confirmation of insurer's refusal to cover risk 781 Workers' compensation; covered employees; minors; emergency management, rescue, or medical service personnel 1501 Workers' compensation; exemptions from third-party actions 1164 Workers' compensation; farm laborers 293 Workers' compensation; group self-insurance funds 997 Workers' compensation; injury or death due to marijuana or controlled substance 1147 Workers' compensation; optional deductibles 392 Workers' compensation; out-of-state mail order pharmacies 1087 Workers' compensation; Self-insurers Guaranty Trust Fund; creation 770 LAGRANGE, CITY OF Municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 Municipal funds; charitable contributions 4400 LAKE BURTON Marine toilets prohibited 317 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Membership of Secretary of State 872 LAKE RABUN Marine toilets prohibited 317 LAMAR COUNTY Enhanced 911 emergency telephone service 4871 Magistrate court; chief magistrate; selection; referendum 4022 LAND, LUTHER V. Bridge designated 212

Page CX

LAND BANK AUTHORITIES Composition; powers and duties 1875 LAND SURVEYORS Workers' compensation; exemption from third-party actions 1164 LANDLORD AND TENANT Dwellings unfit for habitation; hearings 1347 Fair housing 1284 , 650 Military personnel; permanent change of station 1829 Smoke detectors 1500 LANDMARK HISTORIC PROPERTY Taxation 1122 LANDSCAPE ARCHITECTS Workers' compensation; exemption from third-party actions 1164 LAUNDRY DETERGENTS Low phosphorus laundry detergents; sale; water quality 1203 LAURENS COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Tax commissioner; salary 4038 LAW ENFORCEMENT OFFICERS AND AGENCIES Animals; duty to enforce disease prevention and control provisions 572 Code revision 8 Conservation rangers; authorization to cooperate with law enforcement agencies in crime prevention and apprehension of criminals 376 Department of Public Safety; accident reports 591 Department of Public Safety; driver improvement programs 194 Department of Public Safety; notice of cancellation of motor vehicle insurance 1236 Department of Public Safety; qualifications of persons appointed to or enlisted in the Uniform Division 283 Fleeing or attempting to elude a police officer 585 Funerals; law enforcement officers directing funerals granted immunity from liability 1319 Georgia Bureau of Investigation; Peace Officers' Annuity and Benefit Fund; membership 540 Georgia Bureau of Investigation; state medical examiner; Medical Examiner Advisory Commission 1735 Georgia Crime Information Center; dissemination of records 1831

Page CXI

Georgia Mutual Aid Act; institutions within the University System of Georgia 1959 Highway safety rest areas; jurisdiction of Uniform Division of Department of Public Safety 1329 Indemnification of law enforcement officers; private employment 488 Narcotics agents; membership in Peace Officers' Annuity and Benefit Fund 540 Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980 Sheriffs; jails; release of prisoners 1443 Sheriffs; license plates; use on law enforcement vehicle or sheriff's vehicle 159 Sheriff's sales; date 1731 State employees; drug testing 2028 State medical examiner 1735 LAWRENCEVILLE, CITY OF Corporate limits; mayor; councilmembers; terms 5114 LEE COUNTY Board of elections; creation 4611 Sheriff; deputies 4187 LEGISLATIVE COUNSEL Publication of Georgia Laws 782 LEGISLATIVE SERVICES COMMITTEE Meetings; approval of invoices 366 LEMON LAW Motor Vehicle Warranty Rights Act; enacted 1013 LEVIES Levies on land; delivery of notice 298 LIBERTY COUNTY Conveyance of state property to adjoining property owners 217 Enhanced 911 emergency telephone service; referendum 4045 LICENSED PRACTICAL NURSES Licensure; reciprocity with other states 891 LILBURN, CITY OF Corporate limits 5040 Homestead exemption; referendum 4469

Page CXII

LIQUEFIED PETROLEUM GAS Fee; one-time fee for licensees and permittees for sale or storage 647 Storage facilities 1434 LOCAL GOVERNMENT Annexation of territory by municipalities 1396 Boards of education; vacancies; procedure for filling 1261 Bonds; expenditure of funds for other than stated purpose 1441 Bonds; Georgia Allocation System amended 817 City business improvement districts; funding supplemental services 1348 Code revision 8 Counties; ad valorem taxes; millage rate reports 889 Counties; billiard rooms 1916 Counties; training seminar for county clerks 1689 County children and youth commissions; expenditure of county taxes 793 County courthouses; demolition; referendum 133 County property; sale or grant to the state 877 Development Authorities Law; disposition of property of dissolved development authorities 383 Downtown development authorities; qualifications of directors 570 Eminent domain; sanitary sewers 731 Ethics in Government Act; governmental agencies prohibited from making campaign contributions 368 Excise tax on rooms, lodging, and accommodations 1134 Fire departments; minimum standards for organization 354 Georgia Allocation System; amended 817 Georgia County Leadership Act; enacted 1642 Georgia Development Impact Fee Act; enacted 692 Georgia Municipal Training Act; enacted 1642 Georgia Mutual Aid Act; public safety direction or chief of police of any institution within the University System of Georgia authorized to aid or request aid from local law enforcement agencies 1959 Indictment of local officials 1969 Multiyear installment purchase contracts 254 Municipal corporations; ordinances; contracts; municipalities of 400,000 or more 286 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Municipal jails; dispatchers; jailers 1371 Municipal property; sale or grant to the state 877 Municipalities; annexation 1396 Municipalities; effective date of laws granting compensation increases to municipal officers and employees 1397 Municipalities; municipal election dates 1399 Real estate brokers; occupational tax 644 Special elections; uniform dates Vetoed HB 1628 The Georgia Municipal Courts Training Council Act; enacted 882 Transportation of garbage and other waste across county lines 1345

Page CXIII

Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Violation of county ordinances; penalties 1345 LOCUST GROVE, CITY OF Municipal court; judges; jurisdiction; powers 4451 LOGANVILLE, CITY OF City manager; powers; terms 4657 LOWNDES COUNTY Board of education; compensation; Act repealed 3504 Board of education; members; Act repealed 3529 LUMBER Dimension lumber; grading 338 Standing timber; taxation 1869 , 1901 Standing timber; taxation 2437 LUMPKIN, CITY OF Corporate limits 4606 LUTHER S. COLBERT MEMORIAL BRIDGE Designated 933 LUTHER V. LAND BRIDGE Designated 212 M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Civil penalties 3717 Employees pension plan; benefits; custodian 3724 MACON, CITY OF Fire and Police Employees Retirement Plan 5437 Leasing of property; Georgia State Fair, Inc. 5265 Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Middle Georgia Surface and Air Transportation Commission; creation 5170

Page CXIV

MADISON, CITY OF City manager; mayor and council; powers; compensation; municipal court; road duty 5132 MAGISTRATE COURTS Discipline of magistrates 336 Marriage ceremonies; retired magistrates authorized to perform 297 Postjudgment interrogatories 886 MANCHESTER, CITY OF Board of commissioners; municipal ordinances; fines; city jail 4982 Municipal officers; elections; terms 4980 MAPS AND PLATS Boundaries; coordinate system; expression of distance in either meters or feet 168 Recording 1505 State property; recording 662 MARIETTA, CITY OF Ad valorem tax; public schools; referendum 4390 Cobb County-Marietta Water Authority; members; terms of office 3780 Corporate limits 4121 Corporate limits; deannexation 4660 Downtown Marietta Development Authority; district 5033 Downtown Marietta Development Authority; members; appointment and election; district 3921 Mayor pro tempore; compensation; probation office; board of lights and works 5492 MARINE TOILETS Requirements for certain lakes 1218 , 317 Water quality standards for lakes 1207 MARRIAGE Retired magistrates authorized to perform marriage ceremonies 297 MARRIAGE AND FAMILY THERAPISTS Taxation 1324 MCDONOUGH, CITY OF Municipal court; sentencing; penalties 4130

Page CXV

MCDUFFIE COUNTY Board of elections and registration; creation; powers; duties; compensation 4410 Easement across state property 209 County and school homestead exemption; referendum 4025 MCINTOSH COUNTY School superintendent; appointment; referendum 4781 MCINTYRE, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 MCRAE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 MEDICAL ASSISTANCE, DEPARTMENT OF Drugs; sole supplier; drug application fee 1808 Interest on orders and judgments 161 Rule 1274 MEDICAL CONSENT Intraductal injections 1400 MEDICAL EXAMINER ADVISORY COMMISSION Creation 1735 MEDICAL EXAMINERS Expense of embalming 1968 MEDICAL MALPRACTICE Governor's Commission on Obstetrics; created 573 MEDICARE SUPPLEMENT INSURANCE Minimum policy standards 814 MELISSA D. WALKER Compensation 969 MENTAL HEALTH Emotionally disturbed children; delivery of social services 1798

Page CXVI

Liability insurance; nonprofit agencies providing services to the mentally retarded 1836 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 MERIT SYSTEM Applicants; drug testing 2046 Interdepartmental transfers; working test periods 732 Sick leave 1341 MERIWETHER COUNTY Tax commissioner; salary 4929 METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY Terms; members; meetings 5239 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Easement across state property in Fulton County 399 Purchases; taxes 3860 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Extend existence 956 MIDDLE GEORGIA SURFACE AND AND AIR TRANSPORTATION COMMISSION Creation 5170 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Disabled veterans license plates 1476 Emergency management, rescue, or medical service personnel; workers' compensation 1501 Former Prisoners of War Recognition Day 1061 Homestead exemption for disabled veterans 1858 Landlord and tenant; military personnel 1829 Pearl Harbor survivors; motor vehicle license plates 797 Purple Heart; motor vehicle license plates 1316 Rescue specialists; indemnification 2432 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Veterans Service Board; location of meetings 371

Page CXVII

MILLEDGEVILLE, CITY OF Development Authority of the City of Milledgeville and Baldwin County; conveyance of state property 394 Middle Georgia Surface and Air Transportation Commission; creation 5170 MINORS Child labor; certain employment of minors authorized; lawn care 1501 Georgia Gift to Minors Act; repealed 667 Georgia Transfers to Minors Act; enacted 667 Passengers in open beds on pickup trucks on interstate highways 588 MITCHELL COUNTY Conveyance of state property 941 Magistrate court; law library fees 4988 State court; judge; solicitor; compensation 5149 MOBILE HOMES Ad valorem taxation; transporting without tax decal prohibited 780 MONROE, CITY OF Mayor; councilmembers; election; terms 4163 MONROE COUNTY Board of commissioners; salary; referendum 4547 Middle Georgia Surface and Air Transportation Commission; creation 5170 MONTGOMERY COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 MONTICELLO, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 MORGAN, CITY OF Annexation of state property into corporate limits 407 MORGAN COUNTY Board of commissioners; compensation and expenses 4117 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Tax commissioner; salary 4004

Page CXVIII

MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS Funding of real estate loans 1653 MOTOR CARRIERS Authority of Public Service Commission to stop and inspect motor common carriers, motor contract carriers, and private carriers 2022 Automobile carriers; length 255 Georgia Forest Products Trucking Rules; adoption 709 MOTOR VEHICLE LEMON LAW Dealer repair or replacement of defective motor vehicles; arbitration 1013 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Habitual violators; financial responsibility 649 MOTOR VEHICLE WARRANTY RIGHTS ACT Defective motor vehicles; repair or replacement by dealers; arbitration 1013 MOTOR VEHICLES AND TRAFFIC Accident reporting 591 Automobile carriers; length 255 Certificates of title 1657 Code revision 8 Counterfeit or false proof of insurance documents; manufacture, sale, distribution, or possession; penalties 1440 Criminal trespass by motor vehicle; identification of parking areas 881 Damage to new vehicle; disclosure 1657 Driver improvement programs 194 Drivers' licenses; cancellation, suspension, and revocation; courts; fees; identification cards for persons without drivers' licenses 1913 Drivers' licenses; delay of issuance of driver's licenses to person under 16 years of age for drug offense or driving under the influence 1148 Drivers' licenses; driving under the influence; habitual violators 1154 Drivers' licenses; DUI alcohol or drug use risk reduction programs; attendance by persons 16 years of age 1097 Drivers' licenses; instructional permits 1241 Drivers' licenses; issuance; suspension; reinstatement; blood and urine tests; insurance 2048 Drivers' licenses; reimbursement for commercial driver's license fees paid by public employees 131 Drivers' licenses; suspension or revocation of licenses upon conviction of possession of a controlled substance or marijuana 1149 Drivers' licenses; visual impairments Vetoed SB 448 Driving under the influence; marijuana or controlled substances; penalties 2048 Driving under the influence of alcohol or drugs; drivers' licenses 1154 DUI alcohol or drug use risk reduction programs 1154

Page CXIX

Failure to report accidents; penalties 591 Fleeing or attempting to elude a police officer; speeding or leaving the state 585 Funerals; law enforcement officers; immunity from liability 1319 Georgia Forest Products Trucking Rules; adoption and promulgation 709 Georgia Motor Vehicle Franchise Practices Act; amended 1004 Habitual violators; driving under the influence 1154 Habitual violators; financial responsibility 649 Insurance; assigned risk plans 738 Insurance; notice of cancellation 1236 Insurance; reduction in premiums; driver improvement clinics 194 Lemon law; dealer repair or replacement of defective motor vehicles; arbitration 1013 Length restrictions; automobile carriers 255 License fees and plates 1883 License plates; disabled veterans license plates 1476 License plates for veterans who have been awarded the Purple Heart 1316 License plates; Justices of the Supreme Court and Judges of the Court of Appeals 1902 License plates; Pearl Harbor survivors 797 License plates; quarterly installment purchase authorized where fee exceeds $40.00 159 License plates; sheriffs; use on law enforcement vehicle or sheriff's vehicle 159 Motor Vehicle Warranty Rights Act; repair or replacement of defective motor vehicle by dealer; arbitration 1013 Motorized carts; licensing and registration 1241 Pickup trucks; passengers in open beds on interstate highways 588 Public officers and employees; reimbursement of commercial driver's license fees to 131 Registration and licensing of vehicles 2048 Registration and licensing of vehicles 1883 Registration and licensing of vehicles; sale of license plates prohibited; use of expired prestige license plates authorized 1657 Revision of Chapters 1,2,3,5, and 6 of Title 40 2048 Safety belts; passenger vehicle defined 588 Towing of vehicles from private property 1657 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Uniform Rules of the Road; accidents on private property; insurance 2048 Used Car Dealers' Registration Act; membership and termination date of State Board of Registration of Used Car Dealers 2423 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 MOULTRIE, CITY OF Corporate limits; mayor; councilmembers; elections; terms; utilities 4863 MOUNT VERNON, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170

Page CXX

MUNICIPAL CORPORATIONS Annexation 1396 Billiard rooms; taxation, licensing, and regulation 1916 Bonds; expenditure of funds for other than stated purpose 1441 Bonds; Georgia Allocation System 817 Chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 City business improvement districts; funding supplemental services 1348 Compensation increases for officers and employees; effective date of laws 1397 Detention facilities; safety and security; dispatchers; jailers 1371 Development impact fees; authorized 692 Downtown development authorities; qualifications of directors 570 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Elections; dates 1399 Elections; registration; absentee ballots; voter lists used for commercial purposes 143 Elections see also Elections Eminent domain; sanitary sewage systems 731 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Georgia Municipal Training Act; enacted 1642 Indictment of municipal officers 1969 Land bank authorities; composition; powers and duties 1875 Local excise taxes on rooms, lodgings, and accommodations; expenditures; rates 1134 Multiyear installment purchase contracts 254 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Occupational taxes; authority to tax real estate brokers 644 Occupational taxes; marriage and family therapists 1324 Officers and employees; compensation increases; effective date 1397 Ordinances; contracts; municipalities of 400,000 or more 286 Property; sale or grant to the state 877 Special elections; dates Vetoed HB 1628 Special primaries and elections; dates 243 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance programs 220 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Training of elected officials 1642 MUNICIPAL COURTS Jurisdiction of state offenses 2440 The Georgia Municipal Courts Training Council Act; enacted 882 MURRAY COUNTY Board of commissioners; creation; members; elections; districts; referendum 3845 Board of education; powers; duties; elections; terms; referendum 3668

Page CXXI

N NASHVILLE, CITY OF Mayor; councilmen; elections; terms 4430 NATURAL RESOURCES, DEPARTMENT OF Gasoline service stations; rules 661 Georgia Radiation Control Act; powers and duties 711 Georgia State Games Commission 1146 Minimum standards; ratification 406 See also Conservation and Natural Resources; Game and Fish; and Waters of the State, Ports, and Watercraft NEWSPAPERS Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 NEWTON COUNTY Board of commissioners; salary; expense allowances 4070 NONPROFIT AGENCIES Liability insurance; coverage provided for nonprofit agencies providing services for the mentally retarded 1836 NONPUBLIC POSTSECONDARY EDUCATION COMMISSION Created 1166 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Enacted 1166 NORCROSS, CITY OF Homestead exemption; referendum 3941 New charter; governing authority; powers; duties; compensation 4934 NORMAN PARK, CITY OF Mayor; councilmen; election; terms 4011 NORTH GEORGIA COLLEGE Military scholarships; selection 1903

Page CXXII

NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION Members 5151 NORWOOD, CITY OF New charter; governing authority; powers; duties; compensation 3807 NUISANCES Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 NURSES Education; assistance; hospital authorities 310 Georgia Registered Professional Nurse Practice Act; amended 747 NURSING HOMES Continuing care providers; regulation by the Insurance Department 1817 O OAK RIDGE WATER AND SEWERAGE AUTHORITY Act repealed 4018 OCCUPATIONAL LICENSES Suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 See also Professions and Businesses and Revenue and Taxation OCMULGEE JUDICIAL CIRCUIT Additional judge Vetoed SB 548 Additional judge 497 Superior court; judges; supplement 5253 OCONEE COUNTY Superior court; judges; salary supplement 3501 OFFICE OF FAIR EMPLOYMENT PRACTICES Fair housing and discriminatory practices relating to housing transactions 1284 OPTICIANS State Board of Dispensing Opticians; termination date 284

Page CXXIII

ORCHARD HILL, TOWN OF Mayor; councilmembers; elections; terms; vacancies 3918 P PAROLE Consideration of parole; notice to victim; opportunity for statement 1001 PAULDING COUNTY Paulding County Water Authority; Act repealed; successor in interest 4013 West Georgia Regional Water Authority; members; quorums 4729 PAULDING COUNTY WATER AUTHORITY Abolition 4013 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Benefits in the event of death of a spouse under an option 346 Eligibility for disability benefits; retirement benefit options 482 Membership of certain employees of Department of Human Resources and Georgia Bureau of Investigation 540 PEACH COUNTY Board of commissioners; redevelopment powers; referendum 4589 Board of education; election; terms; referendum 4155 Middle Georgia Surface and Air Transportation Commission; creation 5170 PEACHTREE CITY Mayor, councilmen; election; terms 3891 PEARL HARBOR SURVIVORS Motor vehicle license plates 797 PELHAM DEVELOPMENT CORPORATION Lease of state property 939 PENAL INSTITUTIONS Code revision 8 Construction and regulation; architectural and engineering services; sanitation and health requirements 135 Jails; release of prisoners prior to completion of sentence 1443 Juveniles; custody by Department of Corrections 1930 Municipal detention facilities; safety and security; dispatchers; jailers 1371

Page CXXIV

Municipalities of 300,000 or more; city jail fund 172 Parole; consideration; notice to victim; opportunity for statement 1001 Probation; court ordered fines, costs, or restitution; use of civil remedies to collect 1331 Probation; fines as condition; amount 1408 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 Sexual assault against persons in custody 1003 Transmittal of information on convicted persons 565 PERPETUITIES Uniform Statutory Rule Against Perpetuities; enacted 1837 PERRY AREA CONVENTION AND VISITORS BUREAU AUTHORITY Creation 3542 PERRY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 Perry Area Convention and Visitors Bureau Authority; creation; members; terms; compensation 3542 PESTICIDES Pesticide contractors; licenses; crop dusters; agricultural applications 1253 Pesticide residue in food 318 PETROLEUM Diesel fuel; aboveground storage tanks Vetoed SB 716 Liquified petroleum gas; licensees or permittees; fees 647 Liquified petroleum gas; storage facilities 1434 PHARMACISTS Workers' compensation; out-of-state mail order pharmacies 1087 PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARE Continuing education for licensees 689 Disclosures to patients; intraductal injections 1400 Hospital staff privileges; reports of disciplinary actions 561 Sterilization procedures; consent of spouse 325 PICKUP TRUCKS Passengers in open beds on interstate highways 588

Page CXXV

PIERCE COUNTY State court; judge; solicitor; salary 3729 PIKE COUNTY Board of commissioners; expense allowance 4345 Griffin Judicial Circuit; superior court; judges; county supplement 4459 PISTOLS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; exemptions; United States Attorneys 558 PLANNING Minimum standards; ratification 945 PLANTATION PARKWAY Designated 974 PLANTATION PIPELINE COMPANY Easement across state property 170 POLK COUNTY Tax commissioner; salary 4030 West Georgia Regional Water Authority; members; quorums 4729 POOLER, CITY OF Corporate limits 4392 , 4911 Homestead exemption; referendum 4202 Mayor; aldermen; election; terms 4322 POST-MORTEM EXAMINATIONS Expense of embalming 1968 Georgia Coroner's Training Council; quorum 1967 Georgia Coroner's Training Council; terms of office 333 Georgia Death Investigation Act; enacted 1735 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Repealed 1166

Page CXXVI

POWER OF ATTORNEY Durable Power of Attorney for Health Care Act; enacted 1101 PRINTING Fine art 164 PRISONS See Penal Institutions PROBATE COURTS Annual returns of fiduciaries administering estates 294 Chief clerk; duties during vacancy in the office of judge 568 Guardian and ward; probate court authorized to approve structured settlements 642 Jury trials; contempt 1421 Training of judges; retirement 312 PROBATION Court ordered fines, costs, or restitutions; use of civil remedies to collect 1331 Fines as condition to probation; amount 1408 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 PROFESSIONAL COUNSELORS Reciprocity; licensure; social workers 1484 PROFESSIONAL ENGINEERS Workers' compensation; exemption from third-party actions 1164 PROFESSIONS AND BUSINESSES Architects; examinations 560 Auctioneers; Georgia Auctioneers Commission; terms; reports; termination date 576 Billiard rooms; operation; taxation; licensing; regulation 1916 Bingo; licensing 1944 Code revision 8 Composite State Board of Medical Examiners; composition 1903 Drugs; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Funeral directors, embalmers, and operators of funeral establishments; general provisions; State Board of Funeral Service; licenses; operation of funeral establishments 1372 Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; termination date 1445

Page CXXVII

Georgia Hearing Aid Dealers and Dispensers Act; State Board of Hearing Aid Dealers and Dispensers; termination date 1857 Georgia Registered Professional Nurse Practice Act; amended 747 Licensed Practical Nurses; licensure; reciprocity with other states 891 Licenses; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Marriage and family therapists; taxation 1324 Medicare supplement insurance; minimum policy standards 814 Nurses; education; assistance 310 Nurses; Georgia Registered Professional Nurse Practice Act 747 Pharmacists; workers' compensation; out-of-state mail order pharmacies 1087 Physicians; Governor's Commission on Obstetrics; creation 573 Physicians; hospital staff privileges 561 Physicians; intraductal injections 1400 Physicians, physician's assistants, and respiratory care; continuing education for licensees 689 Professional counselors; reciprocity; licensure; social workers 1484 Real Estate Appraiser Licensing and Certification Act; enacted 1701 Real estate brokers; occupational tax 644 Real estate brokers and salespersons; Georgia Real Estate Commission; cease and desist orders 650 Real estate brokers and salespersons; sanctions for discriminatory practices 650 Real estate brokers and salespersons; violations; payment of commission to unlicensed persons 650 State Board of Dispensing Opticians; termination date 284 State Board of Recreation Examiners; termination date 282 State Board of Registration for Professional Engineers and Land Surveyors; membership; registration of land surveying firms, corporations, and other entities; seals 1491 State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; termination date 761 State Board of Registration of Used Car Dealers; membership 1903 State examining boards; confidentiality of examination questions; subpoena powers; cease and desist orders 1965 Used car dealers; defined 1032 Used Car Dealers' Registration Act; membership and termination date of State Board of Registration of Used Car Dealers 2423 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 PROPERTY Boundaries; coordinate system; expression of distance in either meters or feet 168 Code revision 8 Condominiums; Georgia Condominium Act 227 Coordinates; expression of distances authorized in either meters or feet 168 Covenants running with the land; extension 384 Criminal trespass by motor vehicle; identification of parking areas 881 Disposition of Unclaimed Property Act; revision 1506 Fair housing 1284 , 650

Page CXXVIII

Gambling; forfeiture of property 587 Georgia Gift to Minors Act; repealed 667 Georgia Land Sales Act; enacted 606 Georgia Real Estate Commission; regulation of sales of subdivided land 606 Georgia Transfers to Minors Act; enacted 667 Landlord and tenant; dwellings unfit for habitation; hearings 1347 Landlord and tenant; military personnel 1829 Landlord and tenant; smoke detectors 1500 Landmark historic property; ad valorem taxation 1122 Levies on land; delivery of notice 298 Minors; Georgia Gift to Minors Act; repealed 667 Minors; Georgia Transfers to Minors Act; enacted 667 Mortgages, conveyances to secure debt, and liens; funding of loan proceeds and disbursement of funds held in escrow; unfair and deceptive practices 1653 Property covered by mortgage or bill of sale to secure debt; public utilities 256 Real estate appraisers; regulation and licensing 1701 Real estate brokers and salespersons; sanctions for discriminatory practices 650 Recordation of maps and plats; subdivision plats; transfer, sale, and offering for sale of land 1505 Rule against perpetuities; Uniform Statutory Rule Against Perpetuities; enacted 1837 Smoke detectors required in certain buildings 1500 State property; recordation of acquisition and disposition instruments and plats 662 Subdivided land; sales 606 Time-shares; Georgia Time-share Act 227 Uniform Management of Institutional Funds Act; expenditure of certain net appreciation of endowment fund assets authorized; standard of care for governing board 1471 Uniform Statutory Rule Against Perpetuities; enacted 1837 PROSECUTING ATTORNEY Defined 1235 See also District Attorneys PUBLIC OFFICERS AND EMPLOYEES Applicants for state employment; drug testing 2046 Code revision 8 Coroners; expense of embalming 1968 Coroners; Georgia Death Investigation Act; enacted 1735 Coroners; training 1967 , 333 Drug-free Public Work Force Act of 1990; enacted 2004 Drug testing of certain state employees 2028 Emergency medical technicians; indemnification 646 Employee benefit plan council; schoolteachers and public school employees; participation 1247 Expenses; reimbursement for commercial drivers' license fees paid by public employees 131

Page CXXIX

Firemen; indemnification 646 Georgia Agricultural Exposition Authority; members' compensation 6 Georgia Coroner's Training Council; quorum 1967 Georgia Coroner's Training Council; terms of office 333 Health insurance; schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924 Indictment of county and municipal officers 1969 Insurance for certain persons authorized by nonprofit agencies to operate vehicles 915 Interdepartmental transfers; working test periods 732 Joint Board of Family Practice; expense allowance and travel cost reimbursement 1320 Law enforcement officers; indemnification; private employment 488 Liability insurance; coverage extended to nonprofit agencies providing services to the mentally retarded 1836 Local boards of education; vacancies 1261 Medical examiner; expense of embalming 1968 Medical Examiner Advisory Commission 1735 Municipal officers and employees; compensation increases; effective date 1397 Public officials; holding office after felony conviction involving moral turpitude 2443 Recall; legal sufficiency of petitions; judicial review 1939 Rescue specialists; indemnification 2432 Retirement and pensions; drug related crimes; forfeiture of rights and benefits 2019 Secretary of State; membership on authorities 872 Secretary of State; publication of Georgia Laws; distribution of House and Senate journals 782 State employees; health care or dependent care spending accounts; deductions 567 State medical examiner 1735 State Merit System of Personnel Administration; drug testing of applicants 2046 State Merit System of Personnel Administration; interdepartmental transfers; working test periods 732 State Merit System of Personnel Administration; sick leave 1341 Suggestions; awards to employees 1251 PUBLIC RECORDS Georgia Crime Information Center 1831 Inspection; computer programs and software 341 PUBLIC RETIREMENT SYSTEMS Drugs; forfeiture of rights and benefits upon conviction of drug related crime 2019 See also Retirement and Pensions PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Definitions; actuarial investigations 767

Page CXXX

PUBLIC SCHOOLS See Education PUBLIC SERVICE COMMISSION See Public Utilities and Public Transportation PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Blasting and excavating near gas pipes and underground facilities 805 Code revision 8 Electric membership corporations; after-acquired property; encumbrance 256 Emergency Telephone System Fund; establishment by local governments with 911 systems 179 Facsimile messages; unsolicited commercial messages prohibited 252 Georgia Emergency Telephone Number 911 Service Act of 1977; local governments; monthly fees; indemnification; ultimate responsibility to service suppliers 179 Georgia Forest Products Trucking Rules; adoption and promulgation by the Public Service Commission 709 Georgia Rail Passenger Authority; composition 1903 Liquefied petroleum gas; storage facilities 1434 Public Service Commission; authority to stop and inspect motor common carriers, motor contract carriers, and private carriers 2022 Public Service Commission; jurisdiction; enforcement of prohibition of unsolicited commercial facsimile messages 252 Public Service Commission; rapid rail passenger service lines 856 Tax executions by local tax officials; exceptions; inspection of records 1337 Telephone service; county-wide local calling 1672 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 PULASKI COUNTY Board of education; members; nonpartisan elections; referendum 4415 Middle Georgia Surface and Air Transportation Commission; creation 5170 Sheriff; deputies; office expenses 4421 PURPLE HEART Motor vehicle license plates 1316 PUTNAM COUNTY Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Q QUALITY BASIC EDUCATION ACT See Education

Page CXXXI

R RADIATION Georgia Radiation Control Act; amended 711 RADIO Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 RAILROADS Tax executions; exceptions 1337 RAPID RAIL PASSENGER SERVICE LINES Public Service Commission 856 RAY CITY, CITY OF Mayor; councilmen; elections; terms 4040 REAL ESTATE See Buildings and Housing and Property REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT Enacted 1701 REAL ESTATE BROKERS Occupational tax 644 REAL ESTATE BROKERS AND SALESPERSONS Sanctions for discriminatory practices 650 RECALL ACT OF 1989 Legal sufficiency of petition; judicial review 1939 RECORDS Georgia Crime Information Center 1831 Inspection; computer programs and software 341 RECREATION EXAMINERS State Board of Recreation Examiners; termination date 282

Page CXXXII

REEVES, J. R. Bridge designated 212 REGENTS RETIREMENT PLAN ACT Board of Regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 REGIONAL DEVELOPMENT CENTERS Supplemental funding formula; ratification 206 REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES ACT Enacted 412 REIDSVILLE, CITY OF Mayor; terms of office; referendum 4918 RETIREMENT AND PENSIONS Appellate court judges; mandatory retirement age Vetoed HB 1633 Benefits; increase to offset taxation of benefits authorized 879 Crimes; persons causing death of member disqualified from receiving benefit or refund of contributions 690 District attorneys emeritus; minimum state salary 511 District Attorneys' Retirement Act; membership; benefits 865 District Attorneys Retirement Fund of Georgia; district attorneys emeritus; practice of law 222 District Attorneys' Retirement System; transfer of membership to Employees' Retirement System of Georgia 523 Drug related crime; forfeiture of rights and benefits upon conviction 2019 Employees' Retirement System of Georgia; appellate court judges; mandatory retirement age Vetoed HB 1633 Employees' Retirement System of Georgia; creditable service for certain military service authorized 521 Employees' Retirement System of Georgia; creditable service for certain teaching service 508 Employees' Retirement System of Georgia; creditable service for employees of certain county departments of family and children services 993 Employees' Retirement System of Georgia; creditable service for forfeited annual and sick leave 539 Employees' Retirement System of Georgia; creditable service for military service; World War II 1225 Employees' Retirement System of Georgia; employees of Georgia Federal-State Shipping Point Inspection Service; creditable service 556 Employees' Retirement System of Georgia; group term life insurance coverage for members and former members of the General Assembly authorized 1263

Page CXXXIII

Employees' Retirement System of Georgia; membership; employee contributions; judicial employees 514 Employees' Retirement System of Georgia; membership of employees of the Georgia Public Telecommunications Commission 594 Employees' Retirement System of Georgia; membership; judicial employees 356 Employees' Retirement System of Georgia; membership of officers and employees of the Georgia Hazardous Waste Management Authority 527 Employees' Retirement System of Georgia; restoration to service of disability beneficiary 525 Employees' Retirement System of Georgia; retirement allowances revised; contributions 532 Employees' Retirement System of Georgia; survivors benefits and group term life insurance for members, former members, or retired members 1263 Employees' Retirement System of Georgia; tax commissioners, tax collectors, tax receivers, and employees; eligibility for membership 527 Employees' Retirement System of Georgia; transfer of membership from District Attorneys' Retirement System 523 Garnishment; pension or retirement benefits 360 General provisions; persons causing death of member disqualified from receiving benefit or refund of contributions 690 Georgia Firemen's Pension Fund; benefits 554 Georgia Legislative Retirement System; creditable service for past service as member of the General Assembly 534 Georgia Legislative Retirement System; retirement allowance 510 Georgia Municipal Employees Benefit System; name change; investments 190 Georgia Public Telecommunications Commission; membership of employees in Employees' Retirement System of Georgia and Teachers Retirement System of Georgia 594 Joint Municipal Employees Benefit System; name change; investment of funds 190 Judges of the Probate Courts Retirement Fund of Georgia; creditable service 312 Judges of the Probate Courts Retirement Fund of Georgia; secretary-treasurer; dues and benefits 543 Peace Officers' Annuity and Benefit Fund; benefits in the event of death of a spouse under an option 346 Peace Officers' Annuity and Benefit Fund; membership of certain employees of Department of Human Resources and Georgia Bureau of Investigation 540 Peace Officers' Annuity and Benefit Fund; retirement benefit options; disability benefits 482 Public Retirement Systems Standards Law; definitions, actuarial investigations 767 Regents Retirement Plan Act; Board of Regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 Sheriffs' Retirement Fund of Georgia; benefits 553 Sheriffs' Retirement Fund of Georgia; membership; prior service; dues 315 Superior Court Clerks' Retirement Fund of Georgia; benefits 1270 Superior Court Judges Retirement System; creditable service as a state court judge 516

Page CXXXIV

Superior Court Judges Retirement System; mandatory retirement age Vetoed HB 1632 Superior Court Judges Retirement System; mandatory retirement age 309 Superior Court Judges Retirement System; membership 550 Superior Court Judges Retirement System; transfer of membership to the District Attorneys' Retirement System 865 Taxation of benefits; increase in benefits to offset taxation authorized 879 Teachers Retirement System of Georgia; certain employees of the University System of Georgia authorized to decline or withdraw membership 1811 Teachers Retirement System of Georgia; creditable service 685 Teachers Retirement System of Georgia; creditable service; pregnancy 1796 Teachers Retirement System of Georgia; creditable service for visiting scholar at a public college or university 506 Teachers Retirement System of Georgia; income taxes; contributions to the system 1369 Teachers Retirement System of Georgia; membership of employees of the Georgia Public Telecommunications Commission 594 Teachers Retirement System of Georgia; reestablishment of creditable service 529 Teachers Retirement System of Georgia; tax treatment of employee contributions; mandatory retirement age; title of executive secretary-treasurer changed to executive director 536 Teachers Retirement System of Georgia; transfer of membership from local retirement fund; refunds; creditable service; school systems of counties of 550,000 or more 518 Trial Judges and Solicitors Retirement Fund; employer and employee contributions; benefits 546 Trial Judges and Solicitors Retirement Fund; mandatory retirement age Vetoed HB 1635 Trial Judges and Solicitors Retirement Fund; membership 550 REVENUE AND TAXATION Ad Valorem Assessment Review Commission; membership 291 Ad valorem taxes; alternative date for interest on taxes due 289 Ad valorem taxes; conservation use property; agricultural and timber land; standing timber; bona fide residential transitional property 2437 Ad valorem taxes; counties; reports showing millage rate and assessed value required 889 Ad valorem taxes; county board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 Ad valorem taxes; county boards of equalization; taxpayer's appeals 1361 Ad valorem taxes; disabled veterans; homestead exemption 1858 Ad valorem taxes; landmark historic property 1122 Ad valorem taxes; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Ad valorem taxes; standing timber 1869 , 1901 Ad valorem taxes; standing timber 2437 Agriculture; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Code revision 8

Page CXXXV

Conservation use property; assessment and taxation; proposed constitutional amendment 2437 Controlled substances; taxation 1231 County board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 County boards of equalization; taxpayer's appeals 1361 County taxes; county children and youth commissions; purpose of taxation 793 Definition of Internal Revenue Code 1350 Drugs; jeopardy assessment of taxes in cases involving possession, sale, or distribution of illegal drugs 2041 Executions; public utilities; exceptions; inspection of records 337 Executions; records 1324 Foreign governments; motor fuel taxes 799 Homestead exemption for disabled veterans 1858 Income taxes; Internal Revenue Code; definition 1350 Income taxes; taxable net income; contributions to Teachers Retirement System of Georgia 1369 Intangible taxes; exemption for stock held in certain foreign corporations 1353 Intangible taxes; rates; referendum 1843 Judicial sales of personal property; location 1875 Land bank authorities; composition; powers and duties 1875 Landmark historic property; taxation 1122 Local excise taxation on rooms, lodgings, and accommodations; expenditures; rates 1134 Marijuana; taxation 1231 Marriage and family therapists; social workers and professional counselors 1324 Mobile homes; transporting without tax decal prohibited 780 Motor fuel tax; bonds; irrevocable letter of credit; reports 799 Motor fuel tax; refunds to foreign governments; waiver of taxes; agreements with other states 799 Motor vehicle license fees and plates 1883 Motor vehicle tax; penalty for failure to pay 2048 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Real estate brokers; authority of counties and municipalities to levy occupational tax 644 Sales and use tax; political subdivisions 2429 Sales and use tax; special county sales and use tax; records 382 Sales and use tax; tangible personal property sold at retail outside this state for use within this state 1243 Special county sales and use tax; records 382 Specific, business, or occupation taxes; marriage and family therapists 1324 Standing timber; assessment and taxation 1869 , 1901 Standing timber; assessment and taxation 2437 Tax collector or tax commissioner; records; reports 1324 Tax collectors; duty to instruct that checks be made payable to a county tax office 1495 Tax commissioners, tax collectors, and tax receivers; membership in the Employees' Retirement System of Georgia 527 Tax levies and executions; notice 1875 Tax receivers; duties 1324 Taxpayer's appeals; county boards of equalization 1361

Page CXXXVI

Timber; ad valorem taxes on standing timber 1869 , 1901 Timber; ad valorem taxes on standing timber 2437 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 REVOLVERS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; exemptions; United States Attorneys 558 RICHARD B. RUSSELL AIRPORT Compensation 946 RICHMOND COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 Augusta-Richmond County Commission on Disadvantaged Youth; recreation 658 Civil court; jurisdiction 4109 Oak Ridge Water and Sewerage Authority; Act repealed 4018 Restate purposes of land conveyance to Richmond County Board of Health 977 Richmond County Employees' Pension Fund; surviving spouses 5290 State court; solicitor; salary 4743 RICHMOND COUNTY BOARD OF HEALTH Restate purposes of land conveyance 977 RINCON, TOWN OF Corporate limits 4326 RIVERDALE, CITY OF Corporate limits 5210 Homestead exemption; referendum 5267 ROBERTA, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ROCKDALE COUNTY Board of commissioners; personnel rules and regulations 5314 Board of commissioners; salary 4518 Board of education; election; referendum 4654 Coroner; salary 4724 Magistrate court; chief magistrate; salary 4520 Probate court; judge; salary 4177

Page CXXXVII

Sheriff; salary 4179 State court; judge; salary 4723 Superior court; clerk; salary 4185 Tax commissioner; salary 4183 RULE AGAINST PERPETUITIES Uniform Statutory Rule Against Perpetuities; enacted 1837 S SALES AND USE TAXES Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Special county sales and use taxes; records 382 Tangible personal property sold at retail outside this state for use within this state 1243 SANDERSVILLE, CITY OF New charter; governing authority; powers; duties; compensation 4823 SANTA CLAUSE, CITY OF Corporate limits 4388 SAVANNAH-CHATHAM COUNTY ANTI-DRUG COMMISSION Creation 4059 SAVANNAH, CITY OF Board of Public Education for the City of Savannah and Chatham County; retirement board 3989 Ingovernmental Council of Chatham County; creation 3928 Mayor; aldermen; districts; vice-mayor; powers Vetoed SB 686 Mayor; terms; referendum 3995 Savannah-Chatham County Anti-Drug Commission; creation 4059 SCHOOL BUSES Transportation to nonschool activities; reimbursement 917 SCOTT, GENERAL ROBERT L. Highway designated 974 SEARCH AND SEIZURE Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980

Page CXXXVIII

SECRETARY OF STATE Georgia Land Sales Act; Secretary of State relieved of duties and responsibilities 606 Georgia Laws; publication 782 Membership on authorities 872 SECURITIES Brokers or dealers receiving funds 301 Georgia Securities Act of 1973; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Investment advisers 1332 SEED LAKE Marine toilets prohibited 317 SELF-INSURERS GUARANTY TRUST FUND Established 770 SEWAGE Combined sewer overflow systems; permit for operation required 1201 Combined sewer overflows; elimination or treatment of sewage overflow 1216 Eminent domain; sanitary sewage systems 731 Marine toilets; requirements for certain lakes 1218 , 317 Sewage Holding Tank Act; enacted 861 SHERIFFS Date of sheriff's sales 1731 Jails; release of prisoners prior to completion of sentence 1443 License plates; use on law enforcement vehicle or sheriff's vehicle 159 SHERIFFS' RETIREMENT FUND OF GEORGIA Benefits 553 Membership; prior service; dues 315 SHILOH, CITY OF Homestead exemption; referendum 3840 SKY VALLEY, CITY OF Mayor and councilmembers; elections; terms 4762

Page CXXXIX

SMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONS Minimum capital; membership; directors 176 SMITH, CHRIS A. Compensation 929 SMOKE DETECTORS Required in certain buildings 1500 SNELLVILLE, CITY OF Corporate limits Vetoed HB 1968 Corporate limits 4251 SOCIAL CIRCLE, CITY OF Homestead exemption; school district taxes; disabled residents; referendum 4159 School district; homestead exemption; referendum 4171 SOCIAL SERVICES Child abuse; central child abuse registry established 1772 Child abuse; reporting 1761 Child abuse records; reports of suspected child abuse 1778 Children; removal of children from home; plan of family reunification required 1765 Children and youth services; children committing certain offenses sentenced to custody of Department of Corrections 1930 Code revision 8 Department of Human Resources; persons who apprehend delinquent and unruly children; membership in Peace Officers' Annuity and Benefit Fund 540 Division of Family and Children Services; supervision of children removed from home; reports 1765 Drugs; Department of Human Resources; negotiation for drugs from sole supplier; drug application fee 1808 Economic Rehabilitation Act of 1975; amended 1436 Emotionally disturbed children; delivery of services 1798 Families and children; delivery of services 1986 Family Preservation and Child Protection Reform Act; enacted 1986 Georgia Medical Assistance Act of 1977; interest on orders and judgments 161 Indigent Care Trust Fund; created 139 Joint Board of Family Practice; expense allowance and travel cost reimbursement 1320 Juvenile Justice Coordinating Council; membership 1871 Social workers; licenses 1484 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256

Page CXL

Transportation services for elderly and handicapped persons 915 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 SOPERTON, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 SORORITIES Student Organization Responsibility for Drug Abuse Act; enacted 2033 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Fulton County 399 SOUTHERN NATURAL GAS COMPANY Easement across state property 170 SOVEREIGN IMMUNITY Official immunity 2435 SPALDING COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 STANDARD FIRE PREVENTION CODE (SBCCI) State-wide application 1364 STANDING TIMBER Ad valorem taxes 1869 , 1901 Ad valorem taxes 2437 STATE BOARD OF DISPENSING OPTICIANS Termination date 284 STATE BOARD OF EDUCATION Georgia Administrative Procedure Act 794 Minimum course of study in alcohol and drug abuse; duty to prescribe 2043 Teaching certificates; applicants who have not completed a teacher preparation program 1487 See also Education STATE BOARD OF FUNERAL SERVICE Termination date 1372

Page CXLI

STATE BOARD OF HEARING AID DEALERS AND DISPENSERS Termination date 1857 STATE BOARD OF PARDONS AND PAROLES Consideration of parole; notice to victim; opportunity for statement 1001 STATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATION State Board or Department of Technical and Adult Education; change of references to 1256 STATE BOARD OF RECREATION EXAMINERS Termination date 282 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Registration of land surveying firms, corporations, and other entities; membership of board; seals 1491 STATE BOARD OF REGISTRATION OF USED CAR DEALERS Membership 1903 Membership; termination 2423 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Membership 1903 State Board of Postsecondary Vocational Education; change of references from 1256 STATE COURTS Judges; exception to residency requirement 349 STATE EMPLOYEES Drug testing of certain state employees 2028 See also Public Officers and Employees STATE EMPLOYEES' HEALTH INSURANCE PLAN Schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924

Page CXLII

STATE EXAMINING BOARDS Confidentiality of examination questions; subpoena powers; cease and desist orders 1965 See also Professions and Businesses STATE GOVERNMENT Administrative Procedure Act; Department of Medical Assistance; rules 1274 Administrative Procedure Act; Department of Natural Resources; rules 223 Administrative Procedure Act; State Board of Education and Department of Education; applicability 794 Applicants for employment; drug testing 2046 Appropriations; S.F.Y. 1990-91 2338 Appropriations; supplemental for S.F.Y. 1989-90 487 Appropriations; supplemental for S.F.Y. 1989-90 54 Code revision 8 Contracts with the state; Drug-free Workplace Act 1081 Department of Community Affairs; powers, duties, and authority with respect to waste management education 412 Department of Medical Assistance; procedure for adoption, amendment, or repeal of rules 1274 Drivers' licenses; reimbursement for commercial drivers' license fees paid by state employees 131 Drug-free Workplace Act; enacted 1081 Employees; awards for suggestions 1251 Georgia Council for the Arts; membership 1903 Georgia Development Authority; exclusion from programs of persons convicted of illegal drug activity 2026 Georgia 1992 Commission; creation 1732 Georgia State Games Commission; assignment to Department of Natural Resources 1146 GeorgiaNet Authority; creation 1566 Property; sale or grant of county or municipal property to the state 877 Public records; inspection; computer programs and software 341 Publications; information shown on state publications 1466 Real property; recording acquisition and disposition instruments and plats 662 Regional development centers; supplemental funding formula; ratification 206 Sovereign immunity and official immunity 2435 State Merit System of Personnel Administration; interdepartmental transfers; working test periods 732 State Properties Commission; authority to grant licenses 1489 State property see tabular index Resolutions Authorizing Land Conveyances, Leases, and Easements The Reach of Song designated as official state historic drama 157 Vendors; preference for in-state vendors 1466 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Vidalia Sweet Onion; official state vegetable 1131

Page CXLIII

STATE HEALTH PLANNING AGENCY Directed to make studies and reports 970 STATE MEDICAL EXAMINER Office created 1735 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Applicants; drug testing 2046 Interdepartmental transfers; working test period 732 Sick leave 1341 STATE PARKS AND RECREATION AREAS Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Resources; creation 989 See also Conservation and Natural Resources STATE PROPERTIES COMMISSION Authority to grant licenses 1489 Recordation of acquisition and disposition instruments and plats 662 See also tabular index Resolutions Authorizing Land Conveyances, Leases, and Easements STATE SYMBOLS The Reach of Song designated as official state historic drama 157 Vidalia Sweet Onion; official state vegetable 1131 STATE TRANSPORTATION BOARD Per diem allowance for members 296 See also Highways, Bridges, and Ferries STATE-WIDE CHILD FATALITY REVIEW PANEL Creation; membership, powers, and duties 1785 STEPHENS COUNTY Board of education; school districts; elections 3506 Northeast Georgia Surface and Air Transportation Commission; members 5151 State court; judge; solicitor; salary 3880 STERILIZATION Consent of spouse 325

Page CXLIV

STEWART COUNTY Board of elections and registration; creation; members; powers; duties; compensation 3855 Governing authority; sole commissioner; election; terms; compensation; powers; duties 5025 STOCKBRIDGE, CITY OF Municipal court; judges; practices and procedure 4447 STONE MOUNTAIN, CITY OF New charter; governing authority; powers; duties; compensation 4790 STONE MOUNTAIN MEMORIAL ASSOCIATION Membership of Secretary of State 872 STRICKLAND, ERNEST W. Bridge designated 214 STUDENT ORGANIZATION RESPONSIBILITY FOR DRUG ABUSE ACT Enacted 2033 SUBDIVIDED LAND Georgia Land Sales Act; amended 606 SUGAR HILL, CITY OF Corporate limits 4104 , 4298 SUMMERVILLE, CITY OF Easement across state property 170 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Benefits 1270 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Creditable service as a state court judge 516 Mandatory retirement age Vetoed HB 1632 Mandatory retirement age 309 Membership 550 Transfer of membership to the District Attorneys' Retirement System 865

Page CXLV

SUPERIOR COURTS Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; salary supplement 5168 Clerks; covenants running with the land; recording 384 Clerks; fees 805 Clerks; recording of maps and plats 1505 Cobb Judicial Circuit; assistant district attorneys; chief investigator; salary 4456 Cobb Judicial Circuit; judges; supplement 5263 Council of Superior Court Clerks; creation 162 Coweta Judicial Circuit; additional judge 474 District attorney included in term prosecuting attorney 1235 Divorce; venue; jurisdiction 2430 Dougherty Judicial Circuit; judges; supplements 4587 Eastern Judicial Circuit; district attorney; supplement 4355 Flint Judicial Circuit; additional judge 489 Glynn County; terms 920 Griffin Judicial Circuit; judges; supplement 4459 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; judges; supplement 5253 Secretaries; salary schedule 1226 Western Judicial Circuit; judges; salary supplement 3501 SUPREME COURT OF GEORGIA Justices; license plates 1902 Justices; mandatory retirement age Vetoed HB 1633 SURVEYORS Registration of land surveying firms, corporations, and entities; seals; State Board of Registration for Professional Engineers and Land Surveyors; membership 1491 T TALLAPOOSA, CITY OF Corporate limits 4767 Mayor; council; meetings; city attorney 4054 TALLULAH FALLS, TOWN OF Mayor and councilmembers; elections; terms; water and sewerage services 4384 TATTNALL COUNTY Board of commissioners; salary 4207 Easement through state property 407

Page CXLVI

TATTOOING Tattooing near the eye prohibited 1866 TAXIDERMISTS Licensure 386 TEACHERS RETIREMENT SYSTEM OF GEORGIA Contributions; income taxation 1369 Creditable service 685 Creditable service; pregnancy 1796 Creditable service; reestablishment 529 Creditable service for visiting scholar at a public college or university 506 Employee contributions; tax treatment 536 Executive director; position title changed from executive secretary-treasurer 536 Executive secretary-treasurer; position title changed to executive director 536 Mandatory retirement age; repealed 536 Transfer of membership from local retirement fund; refunds; creditable service; school systems of counties of 550,000 or more 518 University System of Georgia; employees; Regents Retirement System Act 1811 TELEPHONES County-wide local calling 1672 Facsimile messages; unsolicited commercial facsimile messages prohibited 252 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 TELEVISION Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 TELFAIR COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 THE COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA Employees; membership in the Employees' Retirement System of Georgia 356 THE GEORGIA MUNICIPAL COURTS TRAINING COUNCIL ACT Enacted 882 THE REACH OF SONG Official state historic drama 157

Page CXLVII

THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers termination date 761 THOMASTON, CITY OF Thomaston-Upson County school systems; merger; board of education; members; compensation; duties; referendum 3794 THOMASVILLE, CITY OF New charter; governing authority; powers; duties; compensation 5051 Paving assessments 5417 THOMPSON, CITY OF Easement across state property 209 TIFT COUNTY Board of commissioners; salary 4125 TIMBER Ad valorem taxes 1869 , 1901 Ad valorem taxes 2437 Dimension lumber; grading 338 TIME-SHARES Georgia Time-share Act; amended 227 TOBACCO Maximum charges for handling and selling leaf tobacco by warehousemen 137 TOILETS Marine toilets on certain lakes 1218 , 317 Sewage Holding Tank Act; enacted 861 Water-saving toilets and plumbing fixtures 1212 TOOMBS COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 School superintendent; appointment; referendum 4603 Toombs County Development Authority; members; appointment; terms 3640

Page CXLVIII

TOOMBS COUNTY DEVELOPMENT AUTHORITY Members; appointment; terms 3640 TOOMSBORO, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 TORTS Donation of canned or perishable food to charitable or nonprofit organizations; immunity from suit 44 Funerals; immunity for law enforcement officers 1319 Sovereign immunity and official immunity 2435 Structured settlements; guardians 642 TRADE SECRETS Georgia Trade Secrets Act of 1990; enacted 1560 TREUTLEN COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Employer and employee contributions; benefits 546 Mandatory retirement age Vetoed HB 1635 Membership 550 TWIGGS COUNTY Homestead exemptions; referendum 3935 Middle Georgia Surface and Air Transportation Commission; creation 5170 TYRONE, TOWN OF Mayor and councilmembers; qualifications; elections 4759 U UNCLAIMED PROPERTY Disposition of Unclaimed Property Act; revision 1506 UNEMPLOYMENT Federal Unemployment Tax Act; resolution urging the federal government to provide adequate funds for employment and unemployment programs 128 See also Labor and Industrial Relations

Page CXLIX

UNEMPLOYMENT COMPENSATION Fishing 870 UNFAIR AND DECEPTIVE PRACTICES IN CONSUMER TRANSACTIONS Mortgages, conveyances to secure debt, and liens; funding of loans 1653 UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT Expenditure of certain net appreciation of endowment fund assets authorized; standard of care for governing board 1471 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Representation of the petitioner by the district attorney 1832 UNIFORM STATUTORY RULE AGAINST PERPETUITIES Enacted 1837 UNION COUNTY Commissioner; salary 4396 UNITED STATES ATTORNEYS Possession of firearms; exemptions 558 UNITED STATES DECENNIAL CENSUS Effective date; effect on boards, commissions, and other bodies 1903 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Change of name from Veterans' Administration 45 UNITED STATES 441 BUSINESS HISTORIC ROUTE Extended and redesignated 943 UNITED STATES OF AMERICA Conveyance of state property to the United States of America 930 UNIVERSITY SYSTEM OF GEORGIA Regents Retirement Plan Act; board of regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 See also Education

Page CL

UNRULY CHILDREN Detention 1351 UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY Membership of Secretary of State 872 UPSON COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 Thomaston-Upson County school systems; merger; board of education; members; compensation; duties; referendum 3794 USED CAR DEALERS' REGISTRATION ACT State Board of Registration of Used Car Dealers; membership; termination 2423 Used car dealer; defined 1032 V VANDIVER, S. ERNEST Marker honoring former Governor S. Ernest Vandiver authorized 199 VETERANS Disabled veterans license plates 1476 Prestige license plates; Pearl Harbor survivors 797 See also Military, Emergency Management, and Veterans Affairs VETERANS' ADMINISTRATION Change of name to United States Department of Veterans Affairs 45 VETERANS SERVICE BOARD Location of meetings 371 VIDALIA, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 VIDALIA SWEET ONION Official state vegetable 1131 W WALKER, MELISSA D. Compensation 969

Page CLI

WALKER COUNTY State court; judge; solicitor; salary 3554 WALTON COUNTY Board of commissioners; election; contracts 4357 Homestead exemption; school district taxes; referendum 4351 WAREHOUSES Georgia State Warehouse Act; licenses 340 Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 WARNER ROBINS, CITY OF Corporate limits; mayor; councilmembers; elections; terms; meetings 3534 WARREN D. EARNEST, SR., BRIDGE Designated 201 WARRENTON, CITY OF Mayor and councilmembers; election; terms; districts 4361 WARWICK, CITY OF Mayor; council members; elections; terms 4726 WASHINGTON COUNTY State court; judge and solicitor; salary 4220 WASTE MANAGEMENT Georgia Comprehensive Solid Waste Management Act; enacted 412 Regional Solid Waste Management Authorities Act; enacted 412 See also Conservation and Natural Resources WATERS OF THE STATE, PORTS, AND WATERCRAFT Gambling devices; ships Vetoed HB 1512 Lakes; water quality standards 1207 Marine toilets; prohibited on Lake Burton, Lake Rabun, and Seed Lake 317 Marine toilets; requirements for certain lakes 1218 Protected fresh waters defined 1218 Water flow requirements for toilets, urinals, shower heads, and faucets 1212

Page CLII

WEAPONS Handguns; legal hunting weapons 380 Licenses to carry pistols or revolvers; fees 138 Licenses to carry pistols or revolvers; persons convicted of drug offenses 2012 Possession; United States Attorneys 558 WEST GEORGIA REGIONAL WATER AUTHORITY Members; quorums 4729 WESTERN JUDICIAL CIRCUIT Judges; supplement 3501 WEYMAN, JENNIE, MEMORIAL BRIDGE Designated 405 WHEELER COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 WHIGHAM, CITY OF Mayor; councilmen; election; terms; meetings 4931 WHITFIELD COUNTY Board of commissioners; former members; insurance 4663 Board of commissioners; prohibitory actions; employment 4119 Vehicle registration; periods 3764 WHITHERINGTON, JOE A., BRIDGE Designated 988 , 214 WILCOX COUNTY Board of commissioners; salary 4083 Middle Georgia Surface and Air Transportation Commission; creation 5170 WILKES COUNTY Board of education; election; terms; referendum 4592 WILKINSON COUNTY Homestead exemption; referendum 4925 Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Middle Georgia Surface and Air Transportation Commission; creation 5170

Page CLIII

Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Sheriff; automobiles 3785 WILLIAM L. DEVERELL, SR., BRIDGE Designated 202 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Annual returns of fiduciaries administering estates 294 Executor's powers; guardian ad item of an heir; bonds; notices; returns; discharge of administrator 350 Renouncement of succession; delivery of renouncement 299 Trustees; Georgia Gift to Minors Act repealed and Georgia Transfers to Minors Act enacted 667 Witnesses; legacy or devise to subscribing witness to a will not invalid in certain cases 372 WITNESSES Children; competence to testify in certain cases 1795 Wills; legacy or devise to subscribing witness to a will not invalid in certain cases 372 WOOLDRIDGE, ELOISE, BRIDGE Designated 984 WORKERS' COMPENSATION Administration; benefits; schedules; procedure; appeals; suppliers; physicians; peer review 1409 Confirmation of insurer's refusal to cover risk 781 Covered employees; emergency management, rescue, or medical service personnel; minors; lawn care 1501 Farm laborers; employers may elect to provide coverage for farm laborers 293 Group self-insurance funds 997 Injury or death due to marijuana or controlled substance 1147 Insurance; optional deductibles 392 Joint Workers' Compensation Study Committee; creation 972 Pharmacy services; mandatory use of out-of-state mail order pharmacies prohibited 1087 Rights and remedies; construction design professionals exempted from third-party actions 1164 Self-insurers Guaranty Trust Fund established 770 WORTH COUNTY Board of commissioners; vacancies 4181 State court; solicitor; salary 4522

Page CLIV

WRIGHTSVILLE, CITY OF Corporate limits 3530 WRITS OF FIERI FACIAS Fines, costs, or restitution as condition for probation; use of civil remedies to collect 1331 X Y Z

Page CLV

POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190 22,878 Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,354 16,859 14,485 13,115 13,064 12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 150,256 143,366 141,249 114,079 83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371 11,334 9,975 7,322 5,910 6,338 Campbell ..... ..... ..... ..... ..... 9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 7,343 5,680 5,313 4,821 5,246 4,381 Chatham 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550 28,398 25,613 Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,718 196,793 114,174 61,830 38,272 35,408 Coffee 26,894 22,828 21,953 23,962 21,541 19,739 Colquitt 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 100,710 89,639 75,680 43,617 28,565 22,306 Douglas 54,573 28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445 16,846 Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 166,808 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116 16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167 11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610 9,102 Henr 36,309 23,724 17,619 15,857 15,119 15,924 Housto 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 6,716 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,046 7,371 6,364 6,008 5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437 Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton ..... ..... ..... ..... ..... 6,730 Mitchell 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 11,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,666 26,282 20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 26,110 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522 Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,382 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,570 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347 Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,761 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,536 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165 Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372 Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149 White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,775 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094 Total 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page CLVIII

POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,536 Warren 6,583 Clinch 6,660 Lincoln 6,716 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,354 Chattahoochee 21,732 Stephens 21,761 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,110 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,382 Tift 32,862 Newton 34,666 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,570 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,775 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,710 Bibb 150,256 Clayton 150,357 Gwinnett 166,808 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,718 DeKalb 483,024 Fulton 589,904 Total 5,462,982

Page CLX

GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31 52 Ben Hill 13 Berrien 7 Bibb 18, 26 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29 30 Catoosa 53 54 Charlton 6 Chatham 1, 2 3 Chattahoochee 11 15 Chattooga 53 Cherokee 37 51 Clarke 46 Clay 11 Clayton 17 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10 13 Columbia 23 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49 56 Franklin 47 Fulton 34/36, 38/40, 56 Gilmer 51 Glascock 21 Glynn 3 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes 8 Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page CLXII

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1989-1990 District Senator Address 23 Frank A. Albert 1432 Reynolds Street, Augusta 30902 22 Thomas F. Allgood Post Office Box 1523, Augusta 30903 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 18 Ed Barker Post Office Box 5036, Warner Robins 31099 33 Roy E. Barnes 4841 Brookwood Drive, Mableton 30059 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 51 Max R. Brannon Post Office Box 1027, Calhoun 30701 46 Paul C. Broun 165 Pulaski Street, Athens 30610 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 37 Charles C. Clay 30 South Park Square, N.E., Marietta 30060 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 17 Mac Collins Post Office Box 3617, Jackson 30233 45 Harrill L. Dawkins 1445-A Old McDonough Road, Conyers 30207 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 31 Nathan Dean Post Office Box 606; Rockmart 30153 6 Earl Echols Post Office Box 352, Patterson 31557 28 Arthur B. Edge IV Post Office Box 1608, Newnan 30264 40 Michael J. Egan Room 304B, Legislative Office Bldg., Atlanta 30334 21 W. F. English 214 Golf Drive, Swainsboro 30401 34 Beverly L. Engram Post Office Box 908, Fairburn 30213 54 W. W. Fincher, Jr. Post Office Box 400, Chatsworth 30705 50 John C. Foster Post Office Box 100, Cornelia 30531 52 Kenneth C. Fuller Post Office Box 6063, Rome 30161 30 Wayne Garner 109 Stonewall Drive, Carrollton 30117 20 Hugh M. Gillis, Sr. Post Office Box 148, Soperton 30457 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 42 Pierre Howard 1400 Peachtree Place Tower 999 Peachtree Street, N.E., Atlanta 30309 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 47 Don Johnson Post Office Box 27, Royston 30662 4 Joseph E. Kennedy Post Office Box 246, Claxton 30417 25 Culver Kidd Post Office Box 370, Milledgeville 31061 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W., Atlanta 30331 14 Lewis H. McKenzie Post Office Box 565, Montezuma 31063 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 15 Gary Parker Post Office Box 2666, Columbus 31902 48 Donn M. Peevy Post Office Box 862, Lawrenceville 30246 7 Ed Perry Post Office Box 925, Nashville 31639 9 R. T. Phillips Room 303, Legislative Office Building, 18 Capitol Square, Atlanta 30334 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 10 Harold J. Ragan 1296 Crine Boulevard, N.W., Cairo 31728 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30082 19 Walter S. Ray Post Office Box 295, Douglas 31533 2 Albert J. Scott Post Office Box 1704, Savannah 31402 36 David Scott 190 Wendell Drive, S.E., Atlanta 30315 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 44 Terrell Starr Post Office Box 545, Forest Park 30051 55 Lawrence Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 12 Mark Taylor Post Office Box 1156, Albany 31702 11 Jimmy Hodge Timmons 105 Robinson Avenue, Blakely 31723 8 Loyce W. Turner 608 Howellbrook Drive, Valdosta 31602 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 43 Gene Walker 2231 Chevy Chase Lane, Decatur 30032

Page CLXIV

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1989-1990 District Senator Address 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 2 Albert J. Scott Post Office Box 1704, Savannah 31402 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 4 Joseph E. Kennedy Post Office Box 246, Claxton 30417 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 6 Earl Echols Post Office Box 352, Patterson 31557 7 Ed Perry Post Office Box 925, Nashville 31639 8 Loyce W. Turner 608 Howellbrook Drive, Valdosta 31602 9 R. T. Phillips Room 303, Legislative Office Building, 18 Capitol Square, Atlanta 30334 10 Harold J. Ragan 1296 Crine Boulevard, N.W., Cairo 31728 11 Jimmy Hodge Timmons 105 Robinson Avenue, Blakely 31723 12 Mark Taylor Post Office Box 1156, Albany 31702 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 14 Lewis H. McKenzie Post Office Box 565, Montezuma 31063 15 Gary Parker Post Office Box 2666, Columbus 31902 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 17 Mac Collins Post Office Box 3617, Jackson 30233 18 Ed Barker Post Office Box 5036, Warner Robins 31099 19 Walter S. Ray Post Office Box 295, Douglas 31533 20 Hugh M. Gillis, Sr. Post Office Box 148, Soperton 30457 21 W. F. English 214 Golf Drive, Swainsboro 30401 22 Thomas F. Allgood Post Office Box 1523,Augusta 30903 23 Frank A. Albert 1432 Reynolds Street, Augusta 30902 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 25 Culver Kidd Post Office Box 370, Millegeville 31061 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 Newnan 30264 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 30 Wayne Garner 109 Stonewall Drive, Carrollton 30117 31 Nathan Dean Post Office Box 606, Rockmart 30153 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30082 33 Roy E. Barnes 4841 Brookwood Drive, Mableton 30059 Fairburn 30213 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W., Atlanta 30331 36 David Scott 190 Wendell Drive, S.E., Atlanta 30315 37 Charles C. Clay 30 South Park Square, N.E., Marietta 30060 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 40 Michael J. Egan Room 304B, Legislative Office Bldg., Atlanta 30334 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 42 Pierre Howard 1400 Peachtree Place Tower 999 Peachtree Street, N.E., Atlanta 30309 43 Gene Walker 2231 Chevy Chase Lane, Decatur 30032 44 Terrell Starr Post Office Box 545, Forest Park 30051 45 Harrill L. Dawkins 1445-A Old McDonough Road, Conyers 30207 46 Paul C. Broun 165 Pulaski Street, Athens 30610 47 Don Johnson Post Office Box 27, 48 Donn M. Peevy Post Office Box 862, Lawrenceville 30246 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 50 John C. Foster Post Office Box 100, Cornelia 30531 51 Max R. Brannon Post Office Box 1027, Calhoun 30701 52 Kenneth C. Fuller Post Office Box 6063, Rome 30161 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 54 W. W. Fincher, Jr. Post Office Box 400, Chatsworth 30705 55 Lawrence Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328

Page CLXVII

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 153 Atkinson 139 150 Bacon 152 Baker 140 Baldwin 105 107 Banks 11 12 Barrow 64 Bartow 15 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152 153 Brooks 147 Bryan 126 129 Bulloch 110 111 Burke 108 110 Butts 78 Calhoun 131 Camden 151 152 Candler 109 Carroll 69, 70 71 Catoosa 2 3 Charlton 150 151 Chatham 122/128 Chattachoochee 112 130 Chattooga 5 Cherokee 8 10 Clarke 13, 67 68 Clay 131 Clayton 72 Clinch 150 Cobb 20 21 Coffee 139 Colquitt 144 145 Columbia 83 84 Cook 146 Coweta 71, 75, 77 81 Crawford 80 98 Crisp 135 Dade 1 5 Dawson 9 Decatur 141 142 DeKalb 43/58 Dodge 118 Dooly 135 Dougherty 132/134, 140 Douglas 41, 42 70 Early 140 Echols 147 Effingham 129 Elbert 14 Emanuel 109 Evans 121 Fannin 4 Fayette 43 Floyd 15 16 Forsyth 10 Franklin 13 Fulton 22/40 Gilmer 4 Glascock 82 Glynn 155 156 Gordon 7 Grady 142 Greene 106 Gwinnett 9, 59/64 Habersham 11 Hall 9 Hancock 106 Haralson 18 Harris 93 Hart 13 Heard 77 Henry 73 78 Houston 113/115 Irwin 137 Jackson 12 Jasper 80 Jeff Davis 153 Jefferson 82 108 Jenkins 110 Johnson 107 109 Jones 80 104 Lamar 78 Lanier 149 Laurens 118 119 Lee 131 136 Liberty 129 154 Lincoln 82 Long 121 Lowndes 147, 148 149 Lumpkin 4 Macon 98 115 Madison 13 14 Marion 112 McDuffie 84 McIntosh 156 Meriwether 91 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 66 Murray 3 Muscogee 92/97 Newton 66 74 Oconee 66 Oglethorpe 14 Paulding 18 41 Peach 98 Pickens 8 Pierce 152 Pike 75 79 Polk 17 18 Pulaski 117 Putnam 106 Quitman 130 Rabun 4 Randolph 130 Richmond 85/90 Rockdale 57 Schley 112 Screven 110 111 Seminole 114 Spalding 75 76 Stephens 11 Stewart 130 Sumter 116 Talbot 91 Taliaferro 82 Tattnall 121 Taylor 112 Telfair 118 137 Terrell 131 Thomas 142 143 144 Tift 138 146 Toombs 120 153 Towns 4 Treutlen 120 Troup 77 81 Turner 117 136 Twiggs 104 Union 4 Upson 79 Walker 1 5 Walton 65 Ware 150 151 Warren 82 Washington 107 Wayne 153 Webster 130 Wheeler 120 White 11 Whitfield 3 6 Wilcox 117 Wilkes 82 Wilkinson 104 Worth 136

Page CLXIX

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1989-1990 District Representative Address 56 Betty D. Aaron 607E Legislative Office Building Atlanta 30334 39 Ralph David Abernathy III 2785 Engle Road, N.W. Atlanta 30318 79 Marvin Adams 709 Greenwood Road Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 57-Post 3 Dean Alford 20 Willowick Drive Lithonia 30058 127 Roy L. Allen 1406 Law Drive Savannah 31401 57-Post 1 Troy Athon Post Office Box 497 Conyers 30207 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 72-Post 5 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 140 Ralph J. Balkcom Route One Blakely 31723 62 Charles Bannister 312Emily Drive Lilburn 30247 120 Fisher Barfoot 1302 North Loop Road Vidalia 30474 108 Emory E. Bargeron Post Office Box 447 Louisville 30434 10 Bill H. Barnett Post Office Box 755 Cumming 30130 59 Mike Barnett 4779 St. Moritz Drive Lilburn 30247 141 Kermit Francis Bates, Jr. 1403 Douglas Drive Bainbridge 31717 148 James M. Beck 2427 Westwood Drive Valdosta 31602 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 104 Kenneth W. Birdsong Route One Gordon 31031 94 Sanford D. Bishop, Jr. Post Office Box 709 Columbus 31902 138 Henry Bostick Post Office Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route Four Post Office Box 499-A Fitzgerald 31750 60 Keith Breedlove Post Office Box 165 Buford 30518 34 Tyrone Brooks Post Office Box 11185 Atlanta 30310-0185 88 George M. Brown Post Office Box 1114 Augusta 30903 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 103 Floyd M. Buford, Jr. Post Office Box 13183 Macon 31208-3183 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 23 Thomas R. Campbell, Jr. 1088 Canton St. Roswell 30075 65 Tyrone Carrell Post Office Box 561 Monroe 30655 146 Hanson Carter Post Office Box 711 Nashville 31639 133 Tommy Chambless Post Office Box 2008 Albany 31703-2001 129 George A. Chance, Jr. Post Office Box 373 Springfield 31329 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E. M. Childers 28 Surrey Trail Rome 30161 55 Betty J. Clark 1060 Hilburn Drive, S.E. Atlanta 30316 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 13-Post 1 Louie M. Clark Route Two Danielsville 30633 118 Terry L. Coleman Post Office Box 157 Eastman 31023 4-Post 1 Carlton H. Colwell Post Office Box 850 Blairsville 30512 87 Jack Connell Post Office Box 308 Augusta 30903 36 Barbara H. Couch 3401 Old Jonesboro Rd. Hapeville 30354 5 John G. Crawford Box 308 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Drive Waycross 31501 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 72-Post 4 Clay Davis 8602 North Shore Drive Jonesboro 30236 29 Grace W. Davis 260 Fulton Street, S.W. Atlanta 30312 45 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 151 Harry D. Dixon 1303 Coral Road Waycross 31501 128 Sonny Dixon 74 Bazemore Avenue Garden City 31408 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 11-Post 1 William J. Dover Route Two, Timbrook Clarkesville 30523 73 Wesley Dunn Post Office Box 353 McDonough 30253 112 Ward Edwards Post Office Box 146 Butler 31006 20-Post 5 Earl Ehrhart 4725 Bradford Lane Powder Springs 30073 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 155 Ronald Fennel 1027 Fountain Lake Drive Brunswick 31520 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 135 Johnny Floyd Post Office Box 525 Cordele 31015 6-Post 2 Philip A. Foster 4425 Airport Road, S.E. Dalton 30721 110 John Godbee 401 Lane Street Brooklet 30415 63 Bill Goodwin 3823 Club Forest Drive Norcross 30092 106 George F. Green 1431 Howard Lewis Road White Plains 30678 130 Gerald E. Greene Route Three, Box 119 Cuthbert 31740 21-Post 4 William J. Gresham, Jr. 1010 Richmond Hill Drive Marietta 30068 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 99 Denmark Groover Post Office Box 755 Macon 31202 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 131 Robert Hanner Post Office Box 310 Dawson 31742 84 Robert Harris Route Five, Box 593 Thomson 30824 8-Post 2 W. G. Hasty, Sr. Route Nine, Hilton Way Canton 30114 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 72-Post 3 Charles E. Holcomb Post Office Box 122 Jonesboro 30237 136 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 28 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 116 George B. Hooks Post office Box 928 Americus 31709 20-Post 2 Gresham Howren 1820 Macland Woods Drive Powder Springs 30073 117 Newt Hudson Route One, Box 29A Rochelle 31079 13-Post 2 Karen Osborne Irwin 270 Beaverdam Drive Winterville 30683 21-Post 2 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 83 William S. Jackson 3907 Washington Road Martinez 30907 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 80 Curtis S. Jenkins Route Three, Box 174 Forsyth 31029 123 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 71 Sidney Jones 15 Atkinson Street Newnan 30263 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 125 Jack Kingston 29 Island Drive Savannah 31406 111 Bob Lane 205 Aldred Avenue Statesboro 30458 27 Dick Lane 2704 Humphries Street East Point 30344 7 James Beverly Langford Post Office Box 277 Calhoun 30701 49 Thomas E. Lawrence 2283 Stratmor Drive Stone Mountain 30087 9-Post 2 Bobby Lawson Post Office Box 53 Gainesville 30503 72-Post 1 William J. Lee 5325 Hillside Drive Forest Park 30050 44 John Linder 5039 Winding Branch Drive Dunwoody 30338 142 Bobby Long 1466 Sixth Street, N.W. Cairo 31728 107 Jimmy Lord Post Office Box 254 Sandersville 31082 102 David E. Lucas 448 Woolfolk Street Macon 31201 25 John M. Lupton III 594 Westover Drive Atlanta 30305 57-Post 2 William C. Mangum, Jr. 4320 Pleasant Forest Drive Decatur 30034 26 Jim Martin 44 Broad Street, Suite 504 Atlanta 30303 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 12 Lauren McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 15-Post 2 Forrest L. McKelvey 1118 Old Rockmart Road, S.E. Silver Creek 30173 40 Cynthia Ann McKinney 765 Shorter Terrace, N.W. Atlanta 30318 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 91 Leonard Meadows Post Office Box 317 Manchester 31816 81 Wade Milam Post Office Box 1361 LaGrange 30241 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Court Tucker 30084 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 126 Anne Mueller 13013 Hermitage Road Savannah 31419 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 121 Clinton Oliver Post Office Box 237 Glennville 30427 53 Mary Margaret Oliver Suite 480 150 East Ponce de Leon Avenue Decatur 30030 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30506 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 122 Jim Pannell Post Office Box 10186 Savannah 31412 105 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 109 Larry Parrish 224 West Main Street Swainsboro 30401 149 Robert L. Patten Route One, Box 180 Lakeland 31635 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 100 Frank C. Pinkston Post Office Box 4872 Macon 31208 3 Charles Poag Post Office Box 441, Harris Street Eton 30724 119 DuBose Porter Post Office Drawer B, CSS Dublin 31040 2 McCracken Poston, Jr. Post Office Box 75 202 Tennessee St. Ringgold 30736 145 C.J.Powell Post Office Box 2534 Moultrie 31776-2534 101 William C. Randall Post Office Box 121 Macon 31202 90 Dick Ransom 445 Waverly Drive Augusta 30909 98 Robert Ray Route Four, Box 1071 Fort Valley 31030 147 Henry L. Reaves Route Two, Box 83 Quitman 31643 50 Frank Redding Post Office Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 96 Pete Robinson Post Office Box 12 Columbus 31902 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 32 Helen Selmen 12525 Jones Ferry Road Palmetto 30268 70 John Simpson 302-A Newnan Street Carrollton 30117 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 78 Larry Smith Post Office Box 4155 Jackson 30233 16 Paul E. Smith Post Office Box 486 Rome 30161 152 Tommy Smith Route One Alma 31510 156 Willou Smith Ten Saint Andrews Court Riverfront Plaza Brunswick 31520 92 Calvin Smyre Post Office Box 181 Columbus 31902 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 66 Frank E. Stancil Post Office Box 694 Watkinsville 30677 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 33 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 97 Robert Steele Post Office Box 4319 Columbus 31904 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 69 Charles Thomas, Jr. Post Office Box 686 Temple 30179 31 Mable Thomas Post Office Box 573 Atlanta 30301 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 67 Mike Thurmond Post Office Drawer 1148 Athens 30603 143 Theo Titus III RFD 1, Box 441 Thomasville 31792 58 Tommy Tolbert 1138 Otello Avenue Clarkston 30021 24 Kiliaen V. R. Townsend 56 Paces West Drive, N.W. Atlanta 30327 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 20-Post 1 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 85 Charles W. Walker 1402 Twelfth Street Augusta 30901 115 Larry Walker Post Office Box 1234 Perry 31069 61 Vinson Wall 164 East Oak Street Lawrenceville 30245 77 J. Crawford Ware Post Office Box 305 Hogansville 30230 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee Street Dallas 30132 132 John White Post Office Box 3506 Albany 31706 21-Post 5 Thomas E. Wilder, Jr. 4195 Parish Drive Marietta 30066 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 54 Juanita Williams Eight East Lake Drive, N.E. Atlanta 30317 75 John Yates 961 Birdie Road Griffin 30223 14 Charles Yeargin Post Office Box 584 Elberton 30635 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701

Page CLXXVII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1989-1990 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 2 McCracken Poston, Jr. Post Office Box 75 202 Tennessee St. 3 Charles Poag Ringgold 30736 Post Office Box 441, Harris Street 4-Post 1 Carlton H. Colwell Eton 30724 Blairsville 30512 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 5 John G. Crawford Box 308 Lyerly 30730 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 6-Post 2 Philip A. Foster 4425 Airport Road, S.E. Dalton 30721 7 James Beverly Langford Post Office Box 277 Calhoun 30701 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 8-Post 2 W. G. Hasty, Sr. Route Nine, Hilton Way Canton 30114 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30506 9-Post 2 Bobby Lawson Post Office Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett Post Office Box 755 Cumming 30130 11-Post 1 William J. Dover Route Two, Timbrook Clarkesville 30523 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 12 Lauren McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 13-Post 1 Louie M. Clark Route Two Danielsville 30633 13-Post 2 Karen Osborne Irwin 270 Beaverdan Drive Winterville 30683 14 Charles Yeargin Post Office Box 584 Elberton 30635 15-Post 1 E. M. Childers 28 Surrey Trail Rome 30161 15-Post 2 Forrest L. McKelvey 1118 Old Rockmart Road, S.E. Silver Creek 30173 16 Paul E. Smith Post Office Box 486 Rome 30161 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 20-Post 1 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 20-Post 2 Gresham Howren 1820 Macland Woods Drive Powder Springs 30073 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 20-Post 5 Earl Ehrhart 4725 Bradford Lane Powder Springs 30073 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 21-Post 2 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 21-Post 4 William J. Gresham, Jr. 1010 Richmond Hill Drive Marietta 30068 21-Post 5 Thomas E. Wilder, Jr. 4195 Parish Drive Marietta 30066 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 23 Thomas R. Campbell, Jr. 1088 Canton St. Roswell 30075 24 Kiliaen V. R. Townsend 56 Paces West Drive, N.W. Atlanta 30327 25 John M. Lupton III 594 Westover Drive Atlanta 30305 26 Jim Martin 44 Broad Street, Suite 504 Atlanta 30303 27 Dick Lane 2704 Humphries Street East Point 30344 28 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 29 Grace W. Davis 260 Fulton Street, S.W. Atlanta 30312 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 31 Mable Thomas Post Office Box 573 Atlanta 30301 32 Helen Selman 12525 Jones Ferry Road Palmetto 30268 33 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 34 Tyrone Brooks Post Office Box 11185 Atlanta 30310-0185 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 36 Barbara H. Couch 3401 Old Jonesboro Rd. Hapeville 30354 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 39 Ralph David Abernathy III 2785 Engle Road, N.W. Atlanta 30318 40 Cynthia Ann McKinney 765 Shorter Terrace, N.W. Atlanta 30318 41 Charlie Watts 505 Hardee Street Dallas 30132 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 44 John Linder 5039 Winding Branch Drive Dunwoody 30338 45 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Court Tucker 30084 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 49 Thomas E. Lawrence 2283 Stratmor Drive Stone Mountain 30087 50 Frank Redding Post Office Box 117 Decatur 30030 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mary Margaret Oliver Suite 480 150 East Ponce de Leon Avenue Decatur 30030 54 Juanita Williams Eight East Lake Drive, N.E. Atlanta 30317 55 Betty J. Clark 1060 Hilburn Drive, S.E. Atlanta 30316 56 Betty D. Aaron 607E Legislative Office Building Atlanta 30334 57-Post 1 Troy Athon Post Office Box 497 Conyers 30207 57-Post 2 William C. Mangum, Jr. 4320 Pleasant Forest Drive Decatur 30034 57-Post 3 Dean Alford 20 Willowick Drive Lithonia 30058 58 Tommy Tolbert 1138 Otello Avenue Clarkston 30021 59 Mike Barnett 4779 St. Moritz Drive Lilburn 30247 60 Keith Breedlove Post Office Box 165 Buford 30518 61 Vinson Wall 164 East Oak Street Lawrenceville 30245 62 Charles Bannister 312 Emily Drive Lilburn 30247 63 Bill Goodwin 3823 Club Forest Drive Norcross 30092 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 65 Tyrone Carrell Post Office Box 561 Monroe 30655 66 Frank E. Stancil Post Office Box 694 Watkinsville 30677 67 Mike Thurmond Post Office Drawer 1148 Athens 30603 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 69 Charles Thomas, Jr. Post Office Box 686 Temple 30179 70 John Simpson 302-A Newnan Street Carrollton 30117 71 Sidney Jones 15 Atkinson Street Newnan 30263 72-Post 1 William J. Lee 5325 Hillside Drive Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Charles E. Holcomb Post Office Box 122 Jonesboro 30237 72-Post 4 Clay Davis 8602 North Shore Drive Jonesboro 30236 72-Post 5 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 73 Wesley Dunn Post Office Box 353 McDonough 30253 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 75 John Yates 961 Birdie Road Griffin 30223 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 77 J. Crawford Ware Post Office Box 305 Hogansville 30230 78 Larry Smith Post Office Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Curtis S. Jenkins Route Three, Box 174 Forsyth 31029 81 Wade Milam Post Office Box 1361 LaGrange 30241 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 83 William S. Jackson 3907 Washington Road Martinez 30907 84 Robert Harris Route Five, Box 593 Thomson 30824 85 Charles W. Walker 1402 Twelfth Street Augusta 30901 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 87 Jack Connell Post Office Box 308 Augusta 30903 88 George M. Brown Post Office Box 1114 Augusta 30903 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 90 Dick Ransom 445 Waverly Drive Augusta 30909 91 Leonard Meadows Post Office Box 317 Manchester 31816 92 Calvin Smyre Post Office Box 181 Columbus 31902 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 94 Sanford D. Bishop, Jr. Post Office Box 709 Columbus 31902 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 96 Pete Robinson Post Office Box 12 Columbus 31902 97 Robert Steele Post Office Box 4319 Columbus 31904 98 Robert Ray Route Four, Box 1071 Fort Valley 31030 99 Denmark Groover Post Office Box 755 Macon 31202 100 Frank C. Pinkston Post Office Box 4872 Macon 31208 101 William C. Randall Post Office Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk Street Macon 31201 103 Floyd M. Buford, Jr. Post Office Box 13183 Macon 31208-3183 104 Kenneth W. Birdsong Route One Gordon 31031 105 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 106 George F. Green 1431 Howard Lewis Road White Plains 30678 107 Jimmy Lord Post Office Box 254 Sandersville 31082 108 Emory E. Bargeron Post Office Box 447 Louisville 30434 109 Larry Parrish 224 West Main Street Swainsboro 30401 110 John Godbee 401 Lane Street Brooklet 30415 111 Bob Lane 205 Aldred Avenue Statesboro 30458 112 Ward Edwards Post Office Box 146 Butler 31006 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 115 Larry Walker Post Office Box 1234 Perry 31069 116 George B. Hooks Post Office Box 928 Americus 31709 117 Newt Hudson Route One, Box 29A Rochelle 31079 118 Terry L. Coleman Post Office Box 157 Eastman 31023 119 DuBose Porter Post Office Drawer B, CSS Dublin 31040 120 Fisher Barfoot 1302 North Loop Road Vidalia 30474 121 Clinton Oliver Post Office Box 237 Glennville 30427 122 Jim Pannell Post Office Box 10186 Savannah 31412 123 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 125 Jack Kingston 29 Island Drive Savannah 31406 126 Anne Mueller 13013 Hermitage Road Savannah 31419 127 Roy L. Allen 1406 Law Drive Savannah 31401 128 Sonny Dixon 74 Bazemore Avenue Garden City 31408 129 George A. Chance, Jr. Post Office Box 373 Springfield 31329 130 Gerald E. Greene Route Three, Box 119 Cuthbert 31740 131 Robert Hanner Post Office Box 310 Dawson 31742 132 John White Post Office Box 3506 Albany 31706 133 Tommy Chambless Post Office Box 2008 Albany 31703-2001 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701 135 Johnny Floyd Post Office Box 525 Cordele 31015 136 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 137 Paul S. Branch, Jr. Route Four Post Office Box 499-A Fitzgerald 31750 138 Henry Bostick Post Office Box 94 Tifton 31793 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 140 Ralph J. Balkcom Route One Blakely 31723 141 Kermit Francis Bates, Jr. 1403 Douglas Drive Bainbridge 31717 142 Bobby Long 1466 Sixth Street, N.W. Cairo 31728 143 Theo Titus III RFD 1, Box 441 Thomasville 31792 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 145 C. J. Powell Post Office Box 2534 Moultrie 31776-2534 146 Hanson Carter Post Office Box 711 Nashville 31639 147 Henry L. Reaves Route Two, Box 83 Quitman 31643 148 James M. Beck 2427 Westwood Drive Valdosta 31602 149 Robert L. Patten Route One, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Drive Waycross 31501 151 Harry D. Dixon 1303 Coral Road Waycross 31501 152 Tommy Smith Route One Alma 31510 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 155 Ronald Fennel 1027 Fountain Lake Drive Brunswick 31520 156 Willou Smith Ten Saint Andrews Court Riverfront Plaza Brunswick 31520

Page CLXXXV

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1989 Georgia Laws Referendums Proposed Election Results Not Known Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 5 ..... 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 ..... 1 23 1958 45 2 2 41 1959 34 ..... 1 33 1960 47 7 1 39 1961 27 ..... 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9 1 1 7 1965 23 3 ..... 20 1966 25 ..... 2 23 1967 39 ..... 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39 1971 43 ..... 5 38 1971 Ex. Sess. 3 ..... ..... 3 1972 64 1 1 62 1973 21 1 2 18 1974 25 1 1 23 1975 33 1 1 31 1975 Ex. Sess. 1 ..... ..... 1 1976 26 ..... 2 24 1977 13 ..... ..... 13 1978 25 ..... 1 24 1979 5 ..... ..... 5 1980 22 ..... 4 18 1981 10 ..... 2 8 1982 36 ..... ..... 36 1983 18 ..... 2 16 1984 38 ..... 3 35 1985 25 0 5 20 1986 66 0 10 56 1987 43 ..... 2 41 1988 71 1 10 60 1989 20 6 2 12 1989 Ex. Sess. 1 ..... ..... 1 TOTALS 1207 49 80 1078

Page CLXXXVI

REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For 1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

Page CLXXXVII

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23: Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164

Page CLXXXVIII

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 65; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 Georgia Laws, 1955: Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13

Page CLXXXIX

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For 4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

Page CXC

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

Page CXCI

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Colquitt 2830 City of Moultrie 10-1-56 * * City vote: West Moultrie Area: For1986; Agn169 Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area vote: Area 1-West Moultrie Area: For 99; Agn 57 Area 2-Colonial Heights Area: For145; Agn 83 Area 3-Crestwood Gardens Area: For 27; Agn 87 Area 4-East Moultrie Area: For 41; Agn147 Area 5-Tifton Highway Area: For 29; Agn107 Area 6-Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11-6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

Page CXCII

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5-1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159

Page CXCIII

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 Georgia Laws, 1957: Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99

Page CXCIV

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5-8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934

Page CXCV

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 Georgia Laws, 1958: Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283

Page CXCVI

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41

Page CXCVII

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256

Page CXCVIII

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

Page CXCIX

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held Georgia Laws, 1959: Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45

Page CC

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn 2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For 1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For 1413 Agn 710

Page CCI

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For 1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For 1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For86; Agn291

Page CCII

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960: Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote: For4598; Agn4288 Outside City vote: For 1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38

Page CCIII

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known

Page CCIV

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949

Page CCV

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page CCVI

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held

Page CCVII

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn 26 Outside City vote: For 41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245

Page CCVIII

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page CCIX

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11- 6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held

Page CCX

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129

Page CCXI

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 33; Agn44 In City Tennille: For139; Agn-58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page CCXII

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Elections Results Not Known

Page CCXIII

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79

Page CCXIV

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For 1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For 1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For 1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For 1281 Agn 130

Page CCXV

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For 2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For 1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For 2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873

Page CCXVI

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For 1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 Agn 93 Pickens 2066 Board of County Commissioners 3- 4-64 For 1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For 1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368

Page CCXVII

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Tift 2900 Board of County Commissioners 5-13-64 For 1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For 2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For 4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For 4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For 4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For 3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

Page CCXVIII

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page CCXIX

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31

Page CCXX

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page CCXXI

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11- 8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11- 8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4- 2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4- 2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11- 8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For2504 Agn5173 Adamsville For 198 Agn 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105

Page CCXXII

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page CCXXIII

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9-1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For 663 Agn 570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135

Page CCXXIV

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4-3-67 For 41 Agn 0

Page CCXXV

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5-3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9-6-67 For 454 Agn 52 Pike 3152 County Board of Education 9-6-67 For 441 Agn 65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5-2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page CCXXVI

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For 14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For 11,874 Agn 11,276

Page CCXXVII

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For 2846 Agn 6761

Page CCXXVIII

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377

Page CCXXIX

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page CCXXX

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2 For 624 Agn 1657 Clarke 3028 County Board of Education 7-15-69 For 1722 Agn 1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For 1071 Agn 1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245

Page CCXXXI

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For 1399 Agn 1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 Agn 1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For 1512 Agn 2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For 2134 Agn 694 County vote: For 38 Agn 205

Page CCXXXII

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- -3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For 15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For 12,379 Agn 2,778 Muscogee County: For 12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162

Page CCXXXIII

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page CCXXXIV

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For 648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 Clarke 2985 County School District Tax 11- 3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595

Page CCXXXV

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2 539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For 482 Agn 156 Mitchell 2632 County School Superintendent 6-16-70 For 287 Agn 350

Page CCXXXVI

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For 807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page CCXXXVII

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049

Page CCXXXVIII

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11-7-72 For 768 Agn 540 Pierce 2496 Sheriff 11-7-72 For 813 Agn 477

Page CCXXXIX

Georgia Laws, 1971, January/February session: County Page No. SUBJECT Date of Election Result Pierce 2888 County CommissionerChrm 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730

Page CCXL

Georgia Laws, 1971, Extra session: County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page CCXLI

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 * For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 * For 940 Agn 1,377

Page CCXLII

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For 841 Agn 1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results Not Known Camden 3138 Certain county officers salary 8-8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8-8-72 * Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8-8-72 * Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 City of Savannah Not held * Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For 20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For 8,296 Agn 19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8-8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8-8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386

Page CCXLIV

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County Commissioners 8- 8-72* For 1,410 Agn 616 Heard 2113 Board of County Commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72* For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72* For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72* For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72* For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72* For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72* For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total For 93 Agn 135

Page CCXLV

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result McIntosh 2852 City of Darien 11- 7-72 * * Date of State Wide Primary ElectionAugust 13, 1974. Not Held Macon 2322 Board of County Commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of County School Superintendent 11- 7-72 * For 921 Agn 2,145 Peach 3212 Appt. of County School Superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 * For 654 Agn 608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72. Appling 3569 County Board of Education-compensation 8-13-74 * Yes: 791 No:1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes 45 No 588 Brantley 3631 City of Nahunta Election Results Not Known Chatham 2268 Savannah-Chatham County Government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019. Chatham County For 3,157 Agn 6,666 City of Savannah For 12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For 1,818 Agn 1,591 Clarke 2367 City of Athens 5-31-73 For 2,430 Agn 1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes 1,809 No 1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For 1,326 Agn 1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171. 11- 5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page CCXLIX

Georgia Laws, 1974: ***Common Day of Rest Act results tabulated infra. County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11- 5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11- 5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4- 1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11- 5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11- 5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11- 5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11- 5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6- 8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6- 1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12- 4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 (3 elections held on same date) City Vote Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4- 9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6- 5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4- 9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11- 5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434,559 No: 363,947

Page CCLI

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975. COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947

Page CCLIV

Georgia Laws, 1975: County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For:549 Agn:603 Baker 2659 Abolish office of Treasurer 6-17-75 For:352 Agn:395 Baker 2662 Create office of Tax Commissioner 6-17-75 For:338 Agn:392 Berrien 2525 Appoint County School Superintendent 4-15-75 For:124 Agn:1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11- 4-75 For:10,601 Agn:4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For:385 Agn:115 Charlton 4015 County Board of Education 6-24-75 For:776 Agn:206 Chatham 3962 County Board of Education 5- 4-76 * * Date of Presidential Preference Primary 5-4-76. Yes:3,870 No:10,942 Clarke 2779 City of Athensgovernment functions 5-21-75 For:858 Agn:989 Decatur 4087 Hospital Authority 8-10-76 # # Date of General Primary 8-10-76. Yes:2,155 No:527 DeKalb 2752 County Board of Education Districts-terms 5- 4-76 * For:29,643 Agn:41,355 Dodge 3031 County Board of Education elected 11- 4-75 For:1,206 Agn:367 Douglas 2506 County Commissionersincrease membership 5-14-75 For:642 Agn:739 Gordon 2719 Create Board of Commissioners for County 7- 8-75 For:1,500 Agn:972 Greene 4270 County Board of Education 5- 4-76 * Yes:748 No:926 Hall 3574 Board of County Commissioners 8-10-76 # Yes:8,951 No:3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7- 8-75 For:511 Agn:147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7- 9-75 For:520 Agn:469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For:113 Agn:128 Newton 3577 County Board of Education 9-10-75 For:1,353 Agn:1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For:1,765 Agn:949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For:17 Agn:5 Outside Town For:20 Agn:31

Page CCLV

Georgia Laws, 1975: (This election act was on a population basis and affects only Chatham County) County Page No. SUBJECT Date of Election Result Spalding 4352 Board of County Commissioners 11- 4-75 For:1,205 Agn:4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For:209 Agn:191 Taylor 3486 County Board of Education 6-17-75 For:298 Agn:127 Union 4499 County Board of Commissioners 8-12-75 For:189 Agn:1,037 Upson 3356 County School Superintendent appointed 6-24-75 For:531 Agn:700 Whitfield 4296 City of Tunnell Hill 6-25-75 For:126 Agn:288 Worth 4202 County School Superintendent 7-15-75 For:235 Agn:460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 1975 Extra Session Acts (This election based on population of municipality and affects only City of Newnan, Coweta County) Coweta 1730 City of Newnancharter amendment 9- 9-75 For:248 Agn:57

Page CCLVI

Georgia Laws, 1976: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * * Date of Presidential Preference Primary Election (May 4, 1976). Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes:772 No:583 Baldwin 3282 City of Milledgevillecharter amendment #1 5- 4-76 * Yes:718 No:609 City of Milledgevillecharter amendment #2 Yes:289 No:1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes:34 No:8 Bibb 3818 Macon-Bibb Co. consolidated government 5- 4-76 * City Vote Yes:8,149 No:11,522 County vote Yes:8,825 No:16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes:199 No:8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Date of November 2, 1976 General Election. Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11- 2-76 ** Yes:3,105 No:3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes:970 No:2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes:331 No:455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For:52,761 Agn:30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes:1,984 No:1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes:3,752 No:4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes:444 No:1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes:2,244 No:876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes:940 No:1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For:490 Agn:172 Long 3321 Small Claims Court created 5- 4-76 * Yes:114 No:527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes:678 No:917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes:2,980 No:1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes:3,227 No:1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes:1,259 No:1,863 Richmond 4927 Augusta-Richmond County unified government 5- 4-76 * Yes:11,027 No:13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5- 4-76 * Yes:2,194 No:2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11- 2-76 ** Yes:802 No:352

Page CCLVIII

Georgia Laws, 1977: This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11-7-78 * * Date of November 7, 1978 General Election. Yes: 151 No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes: 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5-9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11-7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1,618 No: 744 Schley 2952 County Commissionersterms staggered 11-7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11-7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1,375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1,042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1,158 Towns 3974 County Board of Education and County School Superintendent 2-2-78 Yes: 1,014 No: 1,384

Page CCLIX

Georgia Laws, 1978: This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum. County Page No. SUBJECT Date of Election Result Bryan 3774 Board of education 5-2-78 Yes: 739 No: 259 Butts 3368 Board of education 11-7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on Sunday 8-8-78 ** ** Date of General Primary 1978 Chatham County (Unincorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 453 No: 692 Rabun 3430 Board of Education 11-7-78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No: 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 #3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No: 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell (Civil Action File No. 18,462) Not Held

Page CCLXI

Georgia Laws, 1979: This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. County Page No. SUBJECT Date of Election Result Carroll 4245 City of Sand HillCity Charter 6-12-79 Yes: 102 No: 193 Glynn 3467 Education Districts 12-11-79 Yes: 2,490 No: 977 Montgomery 3151 Board of Education 6-5-79 Question #1 Proposal #1 320 Proposal #2 205 Proposal #3 92 Question #2 Proposal #1 881 Proposal #2 860 Proposal #3 1,015 Stephens 3047 Terms of Boards of Commissioners 4-24-79 Yes: 921 No: 329 Telfair 3539 School Districts 7-31-79 Yes: 858 No: 615

Page CCLXII

Georgia Laws, 1980: County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of Commissioners 5-13-80 Yes: 714 No: 1,194 Ben Hill 3954 Tax Commissioner 5-28-80 Yes: 614 No: 398 Chatham (City of Thunderbolt) 3653 Corporate Limits of City of Thunderbolt 5-27-80 Thunderbolt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177 Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2 ----- Bonna Bella Proposition #1 ----- Proposition #2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School Supt. Not Held Columbia 3707 Board of Commissioners 5- 7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of Ed. residency requirements 11- 4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for DeKalb Co. 8- 5-80 Type 1: 38,094 Type 2: 23,553 Douglas 4120 Board of Education 11- 4-80 Yes: 3,424 No: 7,389 Effingham 3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009 County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Office of Tax Commissioner 4- 8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6- 3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits (City of Cohutta) 5-17-80 Yes: No: 0

Page CCLXIII

Georgia Laws, 1981: County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election. Chatham (City of Tybee Island) 4914 Change the corporate limits of said city 6-25-81 Corporate limits Yes: 222 No: 60 Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 County: Yes: 2,388 No: 2,883 City: Yes: 2,611 No: 2,120 Coffee 3626 Election of School Superintendent 6- 2-81 Yes: 1,329 No: 1,424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1,393 No: 185 Gordon 3269 Abolish Bd. of Comm. and re-create office of County Commissioner 8- 4-81 Yes: 1,319 No: 1,664 Gordon 3586 Provide election term of School Supt. 8- 4-81 Yes: 1,527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8- 4-81 Yes: 710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11- 3-81 Yes: 7,352 No: 1,526

Page CCLXIV

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Appling 4642 5 or 6 mbr. bd. of commissioners 11- 2-82 Five mbr. - 1191 Six mbr. - 1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365 - 9,385) 8- 2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11- 2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11- 2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11- 2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham (Town of Thunderbolt) 4295 Corporate limits 6-22-82 Corporate Limits Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200

Page CCLXV

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000) 11- 2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11- 2-82 Yes 1,623 No 1,020 DeKalb * * These are 1981 laws that were required to be held in 1982. 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11- 2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6- 1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4- 6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230

Page CCLXVI

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Jackson 4012 Jackson County school district merged with Jefferson City school district and Commerce City school district 11- 2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11- 2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6- 8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6- 8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12- 7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11- 2-82 Proposal No. 1 Question No. 1- 526 Question No. 2- 1,124 Proposal No. 2 Question No. 1- 613 Question No. 2- 947 Pulaski 4638 School district superintendent 11- 2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533

Page CCLXVII

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Ware (City of Waycross) 4611 Land conveyance authorized 11- 2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11- 2-82 Yes 1,320 No 684 Wheeler 4126 Board of education Was not held Worth 3715 Board of commissioners 11- 2-82 Yes 1,643 No 733

Page CCLXVIII

Georgia Laws, 1983: County Page No. SUBJECT Date of Election Result Atkinson 4115 Board of Commissioners compensation election 3-13-84 Yes 123 No 1,114 Bartow Polk (Town of Taylorsville) 4161 Corporate limits of Town of Taylorsville 5-11-83 Bartow Yes 47 No 7 Polk Yes 15 No 4 Bibb 4251 Providing for district boundary adjustments for Board of Education and Orphanage 11- 8-83 Yes 5,361 No 1,841 Chatham County City of Savannah 4039 Terms of Board of Public Education and changes certain district designations 5-3-83 Yes 1,367 No 2,815 Chatham (City of Tybee Island) 3586 Mayor and City Council Term Time of election 5- 3-83 Yes 307 No 60 Chattooga 4570 Create State Court of Chattooga County 5- 3-83 Yes 818 No 262 Columbia 4411 Changes districts provides for staggered terms for Board of Education 3-13-84 Yes 2,110 No 843 DeKalb 4547 Reorganizing form of gov't fixing powers duties of governing authority 3-13-84 Yes 45,505 No 12,832

Page CCLXIX

Georgia Laws, 1983: County Page No. SUBJECT Date of Election Result DeKalb (City of Doraville) 3581 City Council and Mayor Terms of Office 4- 2-83 Yes 266 No 89 Forsyth 3521 Appointment of School Superintendent 5- 3-83 Yes 379 No 966 Fulton Coweta (City of Palmetto) 4134 Corporate Limits extended 5-21-83 Yes 319 No 35 Madison (City of Colbert) 4181 Charter Amendmentsproviding homestead exemption for certain residents 5- 4-83 Yes 58 No 3 Murray 3611 New Board of Education Referendum not held Newton 3814 Homestead exemptions for certain residents Referendum not held Seminole 3994 Board of Educationelection of mbrs. etc. 8- 2-83 Yes 1,181 No 1,198 Tift County and City of Tifton 3590 Consolidate governments of Tift Co. City of Tifton 6-26-84 Yes 2,060 No 3,860

Page CCLXX

Georgia Laws, 1983: County Page No. SUBJECT Date of Election Result Union 4514 Election filling of vacancies of Board of Education 5- 3-83 Yes 147 No 10 Wilkinson 3911 Board of Education compensation election 5- 3-83 Yes 582 No 198

Page CCLXXI

Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result Statewide 520 Ad Valorem taxation of propertyadditional exemption 11- 6-84 Yes: 718,467 No: 464,620 Statewide 788 Ad Valorem taxation of propertyexemption of certain motor vehicles 11- 6-84 Yes: 900,688 No: 345,204 Statewide 1253 Ad Valorem taxation of propertyexemption of nonprofit homes for mentally handicapped 11- 6-84 Yes: 933,343 No: 295,707 Berrien 4823 Board of Commissioners of Berrien County act creating board amended 5-15-84 Yes: 211 No: 1,008 Butts 3588 Office of Treasurer abolished 3-13-84 Yes: 921 No: 791 Camden 3848 Homestead Exemptions for persons 62 and older 11- 6-84 Yes: 2,577 No: 481 Catoosa 4321 Homestead Exemption; school taxes; persons 62 and older 8-14-84 Yes: 4,833 No: 811 Cherokee 3580 Superintendent of Schools appointment by Board of Education 3-13-84 Yes: 1,734 No: 4,060 Columbia 4609 Columbia County School District additional homestead exemption for certain persons over 62 11- 6-84 No Election Held Coweta Fulton City of Palmetto 4390 City of PalmettoTerm of Office of Mayor and Councilmen 8-14-84 No Election Held Coweta 3704 Coweta County Board of EducationCompositionElection and terms of office of members 11- 6-84 Yes: 7,190 No: 2,328 Crisp 4352 Crisp County CommissionersNumber, Election Districts, Etc. 11- 6-84 Yes: 1,253 No: 760

Page CCLXXII

Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result Dade 3575 Board of educationElection of members, Etc. 3-13-84 Yes: 987 No: 367 Dade 3564 Board of Commissionerscreated 3-13-84 Yes: 629 No: 777 Dodge 3531 Appointed School Superintendent 3-13-84 Yes: 585 No: 2,235 Forsyth 4144 Authorized to impose business and occupational license taxes 11- 6-84 Yes: 4,290 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. 3-13-84 Yes: 24,258 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. 8-14-84 Yes: 2,222 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. 3-13-84 Yes: 1,347 No: 707 Harris 3766 Homestead Exemptions 8-14-84 Yes: 1,750 No: 375 Jones 3926 Homestead Exemptions 8-14-84 Yes: 2,476 No: 453 Jones 4459 Board of Education of Jones County Reconstituted 8-14-84 Yes: 2,206 No: 583 McIntosh 4103 Board of Education of McIntosh County Terms of Office of Members 5-15-84 Yes: 629 No: 239

Page CCLXXIII

Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result McIntosh 4106 Appointment of School Superintendent by Board of Education 5-15-84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead Exemptions 11- 6-84 Yes: 1,170 No: 45 Putnam 4657 Additional Homestead Exemption for persons 65 or older 8-14-84 Yes: 1,249 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed 11- 6-84 Yes: 26,594 No: 9,857 Rockdale City of Conyers 4884 Homestead exemption for persons 62 and over 5-26-84 Yes: 91 No: 2 Stewart 3513 Board of Commissioners CreatedElection, terms of office, Compensation, Etc. 3-13-84 Yes: 625 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. 5-15-84 Yes: 316 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. 5-15-84 Yes: 311 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. 8-14-84 Yes: 2,496 No: 838

Page CCLXXIV

Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result Upson 3729 Upson County Board of Commissioners Commissioner Districts, Etc. 4-17-84 Yes: 708 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education 11- 6-84 Yes: 1,903 No: 2,650 Wayne 3971 Wayne County Board of Education Education Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of Education Election of members, Etc. 3-13-84 Yes: 425 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. 8-14-84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead Exemptions 8-14-84 Yes: 458 No: 47

Page CCLXXV

Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Bacon 4823 Board of Education; Elections 6-25-85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption from Baldwin County School District Ad Valorem taxes 8-12-86 Yes: 1,999 No: 493 Bleckley 4406 Board of Commissioners; Created 11- 4-86 Yes: 887 No: 1,156 Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Burke 4481 Board of Education; Elections 9- 3-85 Yes: 754 No: 673 Candler 4975 Board of Commissioners; Membership; Elections; Chairman; Powers; Referendum 6-11-85 Yes: 279 No: 116 Carroll 3945 Board of Education; School Superintendent; Referendum 9-10-85 Question 1: Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum 11- 4-86 Yes: 302 No: 128 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office: Referendum 11- 5-85 Yes: 789 No: 511

Page CCLXXVI

Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Dawson 4179 Business and Occupational License Taxes Referendum not held DeKalb City of Decatur 4140 Homestead Exemptions for certain residents who are 62 or older; Referendum 12- 4-85 Yes: 1,123 No: 154 Fayette 3992 Fayette County School DistrictAd Valorem Tax Exemption for Elderly and Disabled Residents: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum 11- 4-86 Yes: 4,725 No: 6,759 Fulton City of Atlanta 4371 City of AtlantaRedevelopment powers City Failed to Publish as required by Law City Atty. ruled not to put on ballot Fulton City of College Park 4513 Homestead exemptions; Referendum 5-13-85 Yes: 1,721 No: 143 Gwinnett 5106 Homestead Exemption from Gwinnett County School District Ad Valorem Taxes; Referendum 11- 4-86 Yes: 39,645 No: 12,055

Page CCLXXVII

Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections; Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not precleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 Pierce 4836 Board of Commissioners; Elections; Referendum 11- 5-85 Yes: 386 No: 169 Pierce 4841 Board of Education; Elections; Referendum 11- 5-85 Yes: 365 No: 181 Polk 4985 Board of Education; Re-created; Referendum 6-11-85 Yes: 362 No: 299 Taylor 5087 Board of Education; Elections; Referendum 5-21-85 Yes: 362 No: 180 Wilkes 4580 Homestead Exemption from County and School District Ad Valorem Taxes; Referendum Referendum not held

Page CCLXXVIII

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Bartow 5361 Homestead Exemption from School District Taxation for Certain Residents who are 62 or Over; Referendum Not Held Bibb City of Macon 4736 Redevelopment Powers; Referendum 11- 4-86 Yes: 3,236 No: 2,725 Bibb City of Macon 5038 Redevelopment Powers; Referendum 11- 4-86 Yes: 8,120 No: 5,815 Bibb 5620 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,592 No: 5,119 Bulloch 5627 Staggered Motor Vehicle Registration Periods; Referendum Not Held Camden 5647 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 451 No: 258 Chatham City of Islands 4872 Incorporation; Charter; Referendum 8-12-86 Islands Area Yes: 506 No: 744 County Area Yes: 336 No: 1,426 Chatham City of Pooler 5592 Corporate Limits; Referendum 6-17-86 Pooler Yes: 115 No: 19 Area Proposed for Annexation Yes: 36 No: 24 Chattooga 5138 Board of Commissioners Created; Referendum 11- 4-86 Yes: 1,991 No: 2,220 Cherokee 3635 Board of Commissioners; Creation; Referendum 5- 6-86 Yes: 1,644 No: 2,221 Clayton 5019 Homestead Exemptions; Referendum 8-12-86 Yes: 11,478 No: 2,066 Cobb City of Acworth 3752 Mayor and Alderman; Elections; Qualifications; Terms; Referendum 5- 3-86 Yes: 47 No: 139

Page CCLXXIX

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Cobb 4370 Homestead Exemption; County and School District Taxes; Referendum 11- 4-86 Yes: 64,538 No: 9,311 Cobb City of Marietta 5043 Homestead Exemption; Referendum 11- 4-86 Yes: 5,309 No: 1,002 Colquitt 3724 Board of Education; Composition; Elections; Districts; Referendum 5-13-86 Yes: 897 No: 180 Columbia 5636 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,740 No: 1,695 Dawson 4061 Homestead Exemptions from School District Taxes; Referendum 8-12-86 Yes: 724 No: 183 Decatur 4096 Board of Education; Composition; Elections; Districts; School Superintendent; Appointment; Referendum 8-12-86 Yes: 1,387 No: 1,012 DeKalb 4107 Governing Authority; Powers and Duties; Applicability of Laws; Referendum 8-12-86 Yes: 31,123 No: 11,156 DeKalb City of Decatur 4475 Homestead Exemption for Residents 65 or Over; Referendum 12- 3-86 Yes: 1,233 No: 127 Douglas 5618 Staggered Motor Vehicle Registration Periods; Referendum 11- 4-86 Yes: 6,701 No: 3,144 Elbert 3578 Board of Education; Re-Creation; Referendum 5-13-86 Yes: 444 No: 208 Floyd City of Rome 4530 School District; Homestead Exemption; Referendum 8-12-86 Yes: 2,651 No: 336 Floyd 5511 Homestead Exemption; Referendum 8-12-86 Yes: 8,218 No: 895 Floyd 5057 School District; Homestead Exemption; Referendum 8-12-86 Yes: 4,971 No: 770

Page CCLXXX

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Forsyth 4347 Homestead Exemption from School District Taxes; Referendum 11- 4-86 Yes: 5,191 No: 1,005 Fulton 4148 Redevelopment Powers; Referendum 11- 4-86 Yes: 57,705 No: 41,691 Fulton 4434 Homestead Exemption for Residents who are Disabled or 65 or Older; Local Constitutional Amendment Continued. Not Held Fulton City of Atlanta 4834 Redevelopment Powers; Referendum 8-12-86 Yes: 12,987 No: 9,356 Gwinnett 5625 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 17,645 No: 4,777 Hall 3811 School District; Homestead Exemption; Referendum 8-12-86 Yes: 5,447 No: 2,112 Hall City of Gainesville 3815 Independent School District; Homestead Exemption; Referendum Not Held Hall 5616 Staggered Motor Vehicle Registration periods; Referendum 8-12-86 Yes: 7,553 No: 2,305 Henry 5053 Homestead Exemptions from School District Taxes for Certain Residents who are 62 or Over or Totally Disabled; Referendum Not Held Henry 5607 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,211 No: 1,964 Houston 3901 Board of Commissioners; Redevelopment Powers; Referendum 11- 4-86 Yes: 6,517 No: 4,758 Houston City of Centerville 5157 Redevelopment Powers; Referendum 11- 4-86 Yes: 70 No: 88 Houston City of Perry 4196 Redevelopment Powers; Referendum Not Held Houston City of Warner Robins 3923 Redevelopment Powers; Referendum 10- 7-86 Yes: 2,675 No: 1,754

Page CCLXXXI

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Lanier 3609 Lakeland-Lanier County Charter Commission Act-Preparation of a County-Wide government Charter; Referendum 9- 2-86 Yes: 448 No: 928 Laurens 3821 Board of Education; Elections; Referendum 11- 4-86 Yes: 929 No: 715 Lincoln 3661 Board of Education; Elections; Districts; Vacancies; Referendum 8-12-86 Yes: 651 No: 335 Marion 5558 Board of Commissioners; Elections; Districts; Terms; Referendum 9-16-86 Yes: 429 No: 673 Marion 5023 Board of Education; Elections; Referendum: 9-16-86 Yes: 416 No: 666 Mitchell City of Pelham 3648 Board of Education; Elections; Terms; Districts; Composition; Referendum Not Held Mitchell 3892 School Superintendent; Appointment; Referendum Not precleared by U.S. Justice Dept. Muscogee 3927 Advisory Referendum on School Board Elections 11- 4-86 Yes: 18,451 No: 8,420 Oglethorpe 3568 Board of Education; Elections; Referendum 5-13-86 Yes: 307 No: 90 Paulding 4335 School Superintendent; Appointment; Referendum 11- 4-86 Yes: 1,199 No: 4,301 Polk 5633 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 1,355 No: 1,013 Rabun City of Clayton 4778 Homestead Exemptions; Referendum 12-20-86 Yes: 453 No: 16 Screven 5642 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 326 No: 404 Spalding 4855 Homestead Exemptions for Residents 62 or Older or Totally Disabled; Referendum 8-12-86 Yes: 1,946 No: 428

Page CCLXXXII

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Spalding 5623 Staggered Motor Vehicle Registration Periods; Referendum. 11-4-86 Yes: 3,757 No: 3,693 Sumter City of Americus 3501 Sumter County Public School System-Creation; Merger of School Systems of Sumter County and the City of Americus; Referendum Not Held Tattnall City of Collins 4472 Mayor; Terms of office; Referendum 8-12-86 Yes: 31 No: 39 Telfair 4527 County Officers; Ineligibility to Hold Office; Local Constitutional Amendment Continued 11-4-86 Yes: 1,800 No: 577 Toombs City of Vidalia 4862 School District; Powers of Board of Education; Referendum 9-2-86 Yes: 824 No: 599 Troup 3515 Board of Education; Election; School Superintendent; Appointment; Act Continuing Local Constitutional Amendment Repeated; Referendum 5-6-86 Yes: 193 No: 44 Twiggs 5542 School Superintendents; Appointment; Referendum 11-4-86 Yes: 412 No: 1,127 Upson 4497 School District; Homestead Exemption; Referendum Not Held Washington 4485 Homestead Exemption for Persons 65 or Over; Referendum 8-12-86 Yes: 1,434 No: 373 Washington 4489 Homestead Exemption from County School Taxes for Persons 65 or Over; Referendum 8-12-86 Yes: 1,896 No: 402 Whitfield 5597 Board of Commissioners; Composition; Elections; Districts; Terms; Compensation; Referendum 11-4-86 Yes: 4,315 No: 3,573 Wilkes 4091 Board of Education; Elections; Districts; Composition; Referendum 11-4-86 Yes: 1,219 No: 377 Worth 3716 Board of Education; Membership; Elections; Districts; Referendum 11-4-86 Yes: 1,499 No: 523 Statewide 878 Ad valorem tax exemption of tangible personal property 11-4-86 Yes: 592,671 No: 249,708

Page CCLXXXIII

Georgia Laws, 1987: County Page No. SUBJECT Date of Election Result Appling City of Baxley 5015 City of Baxley-Corporate Limits 7-21-87 Yes: 438 No: 822 Bartow 5325 School District; Homestead Exemption 11-3-87 Yes: 2,483 No: 265 Bartow 4912 School Superintendent; Appointment 11-3-87 Yes: 1,086 No: 1,617 Bartow 4915 Board of Education; Elections; Terms 11-3-87 Yes: 2,135 No: 569 Bleckley 4111 Board of Education; Nonpartisan Elections 11-8-88 Yes: 1,025 No: 606 Brooks 5267 School Superintendent; Appointment 3-8-88 Yes: 709 No: 1,542 Brooks City of Quitman 5230 Board of Commissioners; Composition; Elections; Districts; Terms 8-11-87 Yes: 248 No: 71 Butts 4919 Board of Education; Elections, Terms; Meetings; Officers; School Superintendent; Appointment 11-10-87 Yes: 1,682 No: 561 Camden 4929 Board of Commissioners; Elections; Districts; Terms 3-8-88 Yes: 1,365 No: 858 Camden 4943 Board of Education; Elections; Districts; Terms; Referendum; Act Continuing Local Constitutional Amendment Repealed 3-8-88 Yes: 1,337 No: 932 Camden 5032 School Superintendent; Appointment 3-8-88 Yes: 739 No: 1,579 Chatham 4801 Redevelopment Powers 6-16-87 Yes: 3,341 No: 5,356 Chatham City of Savannah 4083 Redevelopment Powers 6-16-87 Yes: 2,369 No: 3,235

Page CCLXXXIV

Georgia Laws, 1987: County Page No. SUBJECT Date of Election Result Clarke 4279 Staggered Motor Vehicle Registration Periods 11-3-87 Yes: 7,245 No: 1,622 Columbia 4270 Board of Education; Elections 3-8-88 Yes: 7,344 No: 1,925 Columbia 4267 Homestead Exemption from Columbia County School District Taxation 3-8-88 Yes: 8,266 No: 1,196 Effingham 4596 Board of Education; Membership; Elections; Terms; Compensation; Districts 3-8-88 Yes: 1,768 No: 471 Evans 4782 Board of Education; Composition; Elections; Compensation 8-9-88 Yes: 1,277 No: 553 Fannin 5494 Board of Education; School Superintendent; Nonpartisan Elections 3-8-88 Yes: 1,449 No: 1,819 Floyd 4994 Unified Rome-Floyd County School System-Creation; Merger of Floyd County School System and City of Rome Independent School System 3-8-88 City Yes: 1,679 No: 3,601 County Yes: 2,410 No: 6,380 Fulton 4132 Homestead Exemption for Residents 70 Years of Age or Over or Disabled 11-8-88 Yes: 131,209 No: 35,740 Greene 4973 School Superintendent; Appointment by the Board of Education 3-8-88 Yes: 787 No: 1,544 Hall City of Gainesville 4209 City of Gainesville Independent School District-Homestead Exemption 12-1-87 Yes: 194 No: 28 Houston City of Perry 4115 Redevelopment Powers 12-1-87 Yes: 128 No: 124 Lamar 3740 Board of Education; Elections; Districts; Terms; Vacancies 11-3-87 Yes: 412 No: 203

Page CCLXXXV

Georgia Laws, 1987: County Page No. SUBJECT Date of Election Result Lowndes 4124 School Superintendent; Appointment 3-8-88 Yes: 932 No: 2,505 Lumpkin 3586 School Superintendent; Appointment 6-2-87 Yes: 617 No: 1,067 Madison City of Colbert 4475 Mayor; Term 12-2-87 Yes: 19 No: 3 Mitchell 3508 School Superintendent; Appointment 7-28-87 Yes: 710 No: 921 Muscogee 4753 Board of Education; Composition; Elections; Districts; Terms; Compensation; taxes 3-8-88 Yes: 9,784 No: 18,277 Oconee 4441 Redevelopment Powers 3-8-88 Yes: 1,272 No: 1,863 Peach City of Byron 5394 School Superintendent; Appointment Not Held Peach City of Fort Valley 5409 Redevelopment Powers 4-6-88 Yes: 847 No: 358 Peach 5397 Redevelopment Powers Not Held Pulaski 4263 School Superintendent; Appointment 3-8-88 Yes: 679 No: 1,081 Pulaski 4241 Board of Education; Elections 11-8-88 Yes: 960 No: 479 Rabun City of Sky Valley 5113 Homestead Exemption 12-1-87 Yes: 84 No: 11 Stephens 4224 School Superintendent; Appointment; Vacancies 9-1-87 Yes: 775 No: 2,249

Page CCLXXXVI

Georgia Laws, 1987: County Page No. SUBJECT Date of Election Result Tift City of Tifton 4103 Homestead Exemption 11- 8-88 Yes: 1,847 No: 411 Ware City of Waycross 5135 Board of Education; Elections; Districts; Terms 9-22-87 Yes: 255 No: 136 Ware City of Waycross 5105 Mayor; Office Created; Election; Terms; Powers 11-24-87 Yes: 1,029 No: 345 White 5441 Board of Commissioners; Re-creation; Election; Powers; Duties 3- 8-88 Yes: 1,278 No: 715 Whitfield City of Tunnel Hill 4366 New Charter 12- 7-87 Yes: 85 No: 33

Page CCLXXXVII

Georgia Laws, 1988: County Page No. SUBJECT Date of Election Result Barrow 3501 Board of Education; Compensation; Terms; Elections; Districts 4-12-88 Yes: 637 No: 62 Barrow 3674 School District; Homestead Exemption; Residents 62 or Older 8- 9-88 Yes: 4,226 No: 549 Bartow 4101 Motor Vehicle Registration periods 8- 9-88 Yes: 1,858 No: 1,060 Ben Hill and City of Fitzgerald 3573 Ben Hill Co. Public School System; Merger with School System of City of Fitzgerald 6-21-88 Yes: 517 No: 801 6-21-88 Yes: 822 No: 284 Berrien 3832 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Butts 4729 Board of Commissioners; Powers; County Manager Created 8- 9-88 Yes: 1,563 No: 955 Catoosa 4182 Board of Commissioners; Creation; Districts; Elections; Terms To Be Held Nov. 1990 Chatham City of Savannah 3706 Homestead Exemption; Residents 65 or Older or Disabled 11- 8-88 Yes: 20,190 No: 3,006 Cherokee 3677 School District; Homestead Exemption 11- 8-88 Yes: 13,575 No: 2,501 Clarke City of Athens 3794 Redevelopment Powers Not Pre-Cleared by U.S. Justice Dept. Clayton 4307 School District; Superintendent; Appointment 11- 8-88 Yes: 12,314 No: 26,995 Clayton 4001 Board of Education; Number of Members 11- 8-88 Yes: 20,610 No: 17,155 Clayton 3527 Staggered Motor Vehicle Registration Periods 3- 8-88 Yes: 14,472 No: 8,627 Clayton 3523 Homestead Exemption; School District Taxes 11- 8-88 Yes: 32,925 No: 7,153

Page CCLXXXVIII

Georgia Laws, 1988: REFERENDUM ELECTION RESULTS: ACTS OF 1988 SESSION OF THE GENERAL ASSEMBLY County Page No. SUBJECT Date of Election Result Clayton City of Riverdale 3951 Homestead Exemption 10- 8-88 Yes: 597 No: 35 Cobb 4479 Motor Vehicle Registration Periods 11- 8-88 Yes: 102,080 No: 21,916 Cobb 4070 Homestead Exemption 11- 8-88 Yes: 93,785 No: 29,194 Cobb 4286 School System; Homestead Exemption 11- 8-88 Yes: 76,495 No: 32,915 Coffee City of Douglas 4282 Homestead Exemption June 6, 1989 Yes: 734 No: 106 Columbia 4622 Homestead Exemption 11- 8-88 Yes: 15,372 No: 3,111 Coweta 4714 School District; Homestead Exemption 11- 8-88 Yes: 10,497 No: 2,412 Crawford 4063 School District; Homestead Exemption 11- 8-88 Yes: 1,092 No: 253 DeKalb 4114 Homestead Exemption 11- 8-88 Yes: 122,174 No: 27,547 DeKalb 4160 School District; Homestead Exemption 11- 8-88 Yes: 107,585 No: 29,336 DeKalb 4740 Governing Authority; Vote of Chief Executive; Department Heads under Merit System 11- 8-88 Yes: 76,350 No: 59,347 Dougherty City of Albany 4748 Homestead Exemption Referendum Not Held Effingham City of Springfield 4091 Corporate Limits Referendum Not Held Floyd 4856 School District; Homestead Exemption 8- 9-88 Yes: 7,014 No: 1,390 Floyd City of Rome 4484 School District; Homestead Exemption 8- 9-88 Yes: 4,607 No: 698 Fulton 4034 Homestead Exemption 11- 8-88 Yes: 131,209 No: 35,740

Page CCLXXXIX

Georgia Laws, 1988: County Page No. SUBJECT Date of Election Result Fulton City of Hapeville 4866 Homestead Exemption 11- 8-88 Yes: 1429 No: 146 Gilmer 4886 Board of Commissioners; Creation; Districts; Elections; Powers; County Manager 5-17-88 Yes: 1,863 No: 1,299 Gilmer 4894 Board of Education; Nonpartisan Elect. 8- 9-88 Yes: 1,381 No: 369 Gilmer 4903 School System; Superintendent; Nonpartisan Election 8- 9-88 Yes: 1,336 No: 380 Gwinnett City of Dacula 3667 Homestead Exemption 11-19-88 Yes: 168 No: 34 Gwinnett 4199 School District; Homestead Exemption 11- 8-88 Yes: 61,404 No: 22,771 Gwinnett 4023 School District; Homestead Exemption for Elderly and Disabled 11- 8-88 Yes: 65,941 No: 19,844 Gwinnett 4627 Coroner Abolished; Medical Examiner Established 8- 9-88 Yes: 17,325 No: 5,088 Gwinnett 4039 Homestead Exemption 11- 8-88 Yes: 60,907 No: 25,291 Habersham 4112 Motor Vehicle Registration Periods Referendum Not Held Hart 3604 Board of Commissioners; Creation 4-12-88 (1) 984 (2) 628 (3) 943 4-26-88 Runoff (1) 1439 (2) 1,698 Henry 4633 Board of Commissioners; Chairman as Chief Executive Officer; County Administrator Abolished Referendum Not Held Henry 4310 School District; Homestead Exemption 11- 8-88 Yes: 11,413 No: 2,823 Houston 4007 School District; Superintendent; Appoint 8- 9-88 Yes: 2,681 No: 6,432

Page CCXC

Georgia Laws, 1988: County Page No. SUBJECT Date of Election Result Jeff Davis City of Hazlehurst 4861 Advisory Referendum regarding Sales of Beer and Wine Referendum Not Held Lumpkin 4880 School District; Homestead Exemption 11-8-88 Yes: 3,009 No: 527 Monroe 3540 Board of Commissioners; Terms 3-8-88 Yes: 1,198 No: 778 Newton 4045 Homestead Exemptions; County and School District Taxes Referendum Not Held Peach City of Byron 3656 Redevelopment Powers 4-6-88 Yes: 64 No: 59 Peach 4598 School District; Homestead Exemption 11-8-88 Yes: 2,532 No: 815 Pierce 3543 School Superintendent; Appointment Referendum Not Held (See Act No. 1129 Ga. Law 1988 P. 4898) Pierce 4898 School District; Superintendent; Appoint 5-10-88 Yes: 394 No: 1,072 Pike 3824 School District; Homestead Exemption; Residents 62 or Older 11-8-88 Yes: 2,037 No: 518 Richmond 4147 School District; Homestead Exemption 11-8-88 Yes: 33,005 No: 7,709 Richmond 4043 Motor Vehicle Registration Periods 11-8-88 Yes: 27,047 No: 11,602 Richmond 3971 Board of Commissioners as Augusta-Richmond County Commission-Council For Both County and City 11-8-88 Yes: 25,129 No: 19,153 Richmond City of Augusta 3987 Reorganized Government of City and Richmond County; Repeal of City Charter 11-8-88 Yes: 7,180 No: 4,789 Rockdale and City of Conyers 3899 County Charter Commission Creation 11-14-89 County: Yes: 3,760 No: 2,768 City: Yes: 338 No: 668

Page CCXCI

Georgia Laws, 1988: County Page No. SUBJECT Date of Election Result Rockdale 3990 Motor Vehicle Registration Periods 11-8-88 Yes: 11,589 No: 4,547 Rockdale 3659 Homestead Exemption; County and School District Taxes 8-9-88 Yes: 5,507 No: 1,330 Sumter 3702 Staggered Motor Vehicle Registration Periods 8-9-88 Yes: 1,596 No: 1,134 Sumter City of Americus 3550 Sumter County Public School System-Creation; Merger of Sumter County and City of Americus School Systems 6-21-88 Sumter County: Yes: 1,033 No: 1,412 City of Americus: Yes: 1,530 No: 592 Upson 3821 Homestead Exemption; County Taxes; Disabled Residents 11-8-88 Yes: 2,598 No: 480 Upson 3685 School District; Homestead Exemption; Disabled Residents 11-8-88 Yes: 3,702 No: 900 Upson 3828 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Walton 4710 School District; Homestead Exemption for Elderly 8-9-88 Yes: 3,876 No: 739 Walton 4720 School District; Homestead Exemption for Disabled 8-9-88 Yes: 3,448 No: 1,025 Walton 4723 Motor Vehicle Registration Periods 8-9-88 Yes: 3,248 No: 1,157 White 4493 School District; Homestead Exemption 8-9-88 Yes: 2,634 No: 628 White 4472 Homestead Exemption 8-9-88 Yes: 2,541 No: 661 White 3515 Board of Commissioners; Re-Creation 3-8-88 Yes: 1,278 No: 715

Page CCXCII

Georgia Laws, 1989: County Page No. SUBJECT Date of Election Result Bartow City of Cartersville 4746 City of CartersvilleHomestead Exemption 11-7-89 Yes: 1,208 No: 143 Chatham City of Port Wentworth 5105 City of Port WentworthCorporate Limits 9-12-89 Corporate Limits: Yes: 292 No: 58 Unincorporated Area: Yes: 50 No: 24 Cherokee 4295 Cherokee County Board of Commissioners; Creation 11-7-89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of Athens Redevelopement Powers 11-7-89 Yes: 919 No: 725 Clayton 4905 Clayton County Board of Education; Elections; Composition; Districts; County School Superintendent; Election 8-15-89 Yes: 1,673 No: 2,007 Clayton 4818 Redevelopment Powers 8-15-89 Yes: 1,879 No: 1,755 Cobb 4266 Cobb County Redevelopment Powers To Be Held July 17, 1990 Cobb City of Smyrna 3878 City of Smyrna Homestead Exemption 4-4-89 Yes: 1,714 No: 107 Cobb City of Smyrna 4896 City of Smyrna Homestead Exemption 4-4-89 Yes: 1,641 No: 156 Dougherty City of Albany 4802 City of Albany Mayor and Commissioners; Elections; Terms 8-8-89 Yes: 11,373 No: 2,489 Dougherty City of Albany 4062 City of Albany Homestead Exemption 8-8-89 Yes: 12,173 No: 1,553 Effingham Town of Rincon 4024 Town of Rincon Homestead Exemption 11-7-89 Yes: 427 No: 27

Page CCXCIII

Georgia Laws, 1989: County Page No. SUBJECT Date of Election Result Fannin City of Blue Ridge 3823 City of Blue Ridge New Charter 5-27-89 Fannin County: Yes: 4 No: 57 City of Blue Ridge: Yes: 123 No: 96 Fulton City of Atlanta 4229 City of Atlanta and City of Atlanta School district Homestead Exemption To Be Held 11-6-90 Harris City of Shiloh 4084 City of Shiloh Homestead Exemption Referendum Not Held Henry 4829 Henry County Board of Commissioners; Chairman; Election To Be Held 11-6-90 Liberty City of Hinesville 4782 City of Hinesville Mayor and Council; Elections; Terms; Districts To Be Held 11-6-90 Lowndes 3578 Lowndes Board of Education; Number of Members; Districts; Elections; Vacancies To Be Held 7-17-90 Spalding 3802 Griffin-Spalding County Charter Commission Creation Not Precleared by U.S. Justice Dept. Whitfield 4901 Whitfield County Board of Education; Terms; Elections To Be Held 7-17-90

Page CCXCIV

Georgia Laws, 1989 Extraordinary Session: County Page No. SUBJECT Date of Election Result Gwinnett City of Berkeley Lake 72 Elections and Terms of Mayor and Councilmembers; Mayor's Veto Powers; Referendum 12- 2-89 Yes: 201 No: 43

Page CCXCV

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 2, 1990 Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 238, 411, 412, 448, 548, 686 and 716 which were passed by the General Assembly of Georgia at the 1990 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rhs Attachment cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page CCXCVI

VETO NO. 27 SENATE BILL 238 BY SENATOR PEEVY This bill would amend the law relating to discretionary appeals to the appellate courts of this State to provide that child custody matters would not be subject to discretionary appeals. In 1979, the General Assembly enacted the discretionary appeal law which provided that certain types of cases, including child abuse cases, would not have the right of a direct appeal to the Court of Appeals, but would be handled by a new discretionary appeal process. This process was not implemented to lessen the rights of any party to an action, but to expedite the handling of appeals by the appellate courts in this State. Each discretionary appeal is reviewed by three judges of the Court of Appeals as in a direct appeal. The only difference between a discretionary and a direct appeal is that the court would not require oral argument or issue an opinion where it was apparent that no error of law existed. Because of the sensitive nature of matters involving child custody it is imperative that those cases be handled as quickly as possible. I do not believe that the court has in any way diminished its review of these important cases, and this legislation would only impede the pertinent process. For these reasons, I vetoed the legislation. VETO NO. 19 SENATE BILL 411 BY SENATOR POLLARD This bill amended the law relating to sparsity grants under the Quality Basic Education Act so as to continue certain sparsity grants. After the legislation passed, technical problems were found in the bill which could have had a negative effect on the counties receiving the sparsity grants. After further review by the Department of Education and the Office of Planning and Budget, it was found that the grants could be continued as provided for in the budget act. Therefore, this bill was not necessary. For this reason, I vetoed the legislation. VETO NO. 26 SENATE BILL 412 BY SENATOR FULLER This bill provided that prohibitions against gambling would not apply to certain games or devices. The type of game enumerated in the bill related to a crane game or device which met certain specifications

Page CCXCVII

provided for in the legislation. The bill would allow persons playing these types of games to receive prizes or cash for winning. A legal review of the bill showed that while the bill tried to distinguish that these types of games involved skills, this legislation still may be unconstitutional since it tries to legalize a form of gambling. I do not believe that this type of activity is in the best interest of the citizens of this State, particularly children who are the primary participants in this type of game. For these reasons, I vetoed the legislation. VETO NO. 23 SENATE BILL 448 BY SENATOR KIDD This bill amended the law relating to the issuance of drivers' licenses so as to provide certain visual standards by which the Department of Public Safety could restrict the issuance of drivers' licenses. The purpose of the bill was to provide standards which would allow persons to utilize bioptic telescopic lenses for driving. In reviewing this bill after passage by the General Assembly, technical problems were found in the wording of the standards which would have, in effect, reversed the intent of the legislation and prohibited the use of bioptic lenses. The Department of Public Safety is now working with the affected groups to see if our standards can be changed by rules and regulations of the Department to allow for us of bioptic lenses. For these reasons, I vetoed the legislation. VETO NO. 17 SENATE BILL 548 BY SENATOR KIDD This bill provided for an additional judge for the Superior Courts of the Ocmulgee Judicial Circuit. Another bill passed during this Session of the General Assembly also provided for an additional judge for the Ocmulgee Circuit and the Atlanta Judicial Circuit. Since that piece of legislation related to two judgeships, it was signed into law, making Senate Bill 548 moot. For this reason, I vetoed this legislation. VETO NO. 24 SENATE BILL 686 BY SENATOR SCOTT This was local legislation to amend the law relating to the election of the Mayor and Aldermen of the City of Savannah. After

Page CCXCVIII

reviewing the legislation and the resulting effects, a majority of the local legislative delegation for the City of Savannah requested that this bill be vetoed. This office has always acquiesced to the wishes of majority of the local delegation in dealing with local legislation. For this reason, I vetoed the legislation. VETO NO. 28 SENATE BILL 716 BY SENATOR TAYLOR This bill would have increased the capacity of aboveground storage tanks for diesel fuel from 6,000 to 12,000 gallons providing that a permit would be granted for the 12,000 gallon aboveground storage tank if it were equipped with spill and overfill protection and otherwise met the codes and standards adopted by the National Fire Protection Association except for requiring any foam or inerting system. Legislatively mandating the application of the National Fire Protection Association's standards for a 12,000 gallon tank is improper since these standards relate to 6,000 gallon tanks. These present fire safety standards would need to be revised, particularly regarding distance from buildings and other types of measurements coming into play before doubling the capacity of the aboveground tank. Also, limiting the Fire Marshal's authority to require a foam or inerting system to protect and assist in the extinguishing of fires, may become a problem in some locations and times when the Fire Marshal will need this authority. It is my understanding that the Fire Marshal's office will be working to provide some rules and regulations to allow for 12,000 gallon aboveground tanks, but with standards which I believe will provide a greater degree of safety than those found in Senate Bill 716. For these reasons, I vetoed the legislation.

Page CCXCIX

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 2, 1990 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 1419, 1512, 1628, 1632, 1633, 1635, 1882, 1884, 1885, 1889 and 1968 which were passed by the General Assembly of Georgia at the 1990 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Attachment cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page CCC

VETO NO. 15 HOUSE BILL 1419 BY REPRESENTATIVE HOLMES This bill amended Title 21 of the Official Code of Georgia Annotated so as to provide that the president of a public or private college or university, or his designee, could be a county deputy registrar or municipal deputy registrar. The provisions of this bill passed in another bill which was signed into law, making House Bill 1419 moot. Since House Bill 1419 would have no effect, the Author of the legislation requested that it be vetoed. For this reason, I vetoed the legislation. VETO NO. 25 HOUSE BILL 1512 BY REPRESENTATIVE PETTIT This bill in its original form provided for the means to change the provisions relating to criminal possession of an explosive device. The bill was later amended on the floor of the House to add another provision which would have allowed ships possessing gambling devices to enter the territorial waters of this State so long as the devices were inaccessible to passengers and crew and removed or covered from the sight of such passengers and crew while in the territorial waters of this State. The stated purpose of the amendment was to allow cruise ships to enter the harbors of this State even though they possessed gambling devices. Federal law may presently allow for the purposes of this bill to be carried out. The bill could have allowed persons to operate gambling ships off the coast of this State as long as they covered their equipment after coming back to port. I do not believe it is proper to allow gambling off the coast when it is illegal in the State. For these reasons, I vetoed the legislation. VETO NO. 16 HOUSE BILL 1628 BY REPRESENTATIVE HOLMES This bill amended the election code to provide that all special elections and municipal special elections would be held on certain uniform dates. After passage of the legislation, technical problems were found in the bill which could not be resolved by the affected parties and the Author of the bill requested that it be vetoed.

Page CCCI

For this reason, I vetoed the legislation. VETO NO. 20 HOUSE BILL 1632 BY REPRESENTATIVE MURPHY This bill would have amended the retirement system for superior court judges so as to delete the provisions relating to mandatory retirement age for judges and forfeiture of benefits in connection with such retirement age. The age limit was increased from 70 to 75 during the 1986 Session of the General Assembly. Prior to that increase in 1984, the General Assembly passed legislation similar to House Bill 1632 which would have deleted the retirement age entirely. I vetoed the bill in 1984 because I did not believe it to be in the best interests of the citizens of this State to eliminate the age limit. My feelings have not changed on this issue. While a number of people over the age of 75 function effectively in jobs beneficial to our State, age is a limiting factor that must be taken into account in highly pressurized and intensive professions, such as judgeships. For these reasons, I vetoed the legislation. VETO NO. 21 HOUSE BILL 1633 BY REPRESENTATIVE MURPHY This bill would amend the retirement benefit law relating to Justices of the Supreme Court and Judges of the Court of Appeals to delete the mandatory retirement age and forfeiture of benefits in connection with the retirement age. This bill is a companion bill to House Bill 1632 which I addressed in my veto message on Veto No. 20. The same reasoning expressed in that message applies to House Bill 1633. For these reasons, I vetoed the legislation. VETO NO. 22 HOUSE BILL 1635 BY REPRESENTATIVE PARRISH This bill amends the Trial Judges and Solicitors Retirement Fund Act which is the retirement act for state court judges, solicitors and juvenile judges. The bill would have deleted the mandatory

Page CCCII

retirement age for members of this system. While I would not oppose raising the retirement age for these individuals from 70 to 75 years of age, as was done for superior court judges and appellate judges, I cannot agree to totally alleviate the mandatory retirement age. For the same reasons expressed in Veto No. 20, I vetoed this legislation. VETO NO. 12 HOUSE BILL 1882 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Tax Commissioner of Fayette County. After the bill passed, technical problems were found in the legislation and the Author requested that this bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 13 HOUSE BILL 1884 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Clerk of Superior Court of Fayette County. After the legislation passed, technical problems were found in the bill and the Author requested that the bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 14 HOUSE BILL 1885 BY REPRESENTATIVE HEARD This bill amended an Act relating to the compensation of the Judge of the Probate Court of Fayette County. Because of technical problems found in the bill after passage, the Author requested that it be vetoed. For this reason, I vetoed the legislation.

Page CCCIII

VETO NO. 18 HOUSE BILL 1889 BY REPRESENTATIVE BOSTICK This bill amended the law relating to the Georgia Agrirama Development Authority to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee. The proposed Overview Committee would be composed of both legislative members and local government officials, thereby causing a conflict between its apparent duties and the duties of the Georgia Agrirama Development Authority. Additionally, there existed an apparent legal problem with the service of legislative and executive elected officials on an executive branch committee, which is entirely different from a normal overview committee. A normal overview committee set up by the General Assembly consists only of legislative members. For these reasons, I vetoed the legislation. VETO NO. 11 HOUSE BILL 1968 BY REPRESENTATIVE BARNETT This bill amended an Act incorporating the City of Snellville so as to change the corporate limits. Technical errors were found in the bill after passage and the Author asked that the bill be vetoed. For this reason, I vetoed the legislation.

Page CCCIV

STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1990 LEGISLATIVE SESSION April 30, 1990 The Honorable Max Cleland Secretary of State State Capitol, Room 214 Atlanta, Georgia 30334 Dear Mr. Cleland: As required by Code Section 47-20-50.1 (effective March 11, 1987), the following report is submitted for printing in the annual session laws of the State of Georgia. The report covers all retirement bills having a fiscal impact that had actuarial evaluations and were enacted during the 1990 legislative session. The report is organized by retirement system and determines for each bill whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the State Auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of

Page CCCV

Code Section 47-20-50. This report complies with this requirement. Sincerely, /s/ G.W. Hogan G.W. Hogan State Auditor GWH/bh

Page CCCVI

Retirement System Bill No. Act No. Title of Bill Comments Employees' Retirement System HB 46 1282 Employees' Retirement; certain military service; credit Provision not made for concurrent funding HB 156 1123 Employees' Ret. System; credit for service in cert. local system Provision made for concurrent funding HB 436 1126 Employees' Ret. System of Ga.; certain judicial membership Provision made for concurrent funding HB 539 1239 Employees' Retirement; family/children serv.; creditable service Provision made for concurrent funding HB 695 1129 Employees' Retirement; certain National Guard service; credit Provision made for concurrent funding HB 761 1131 Employees' Retirement; average final compensation; definition Provision made for concurrent funding HB 769 1132 Employees' Retirement; Hazardous Waste Mgt. Authority; membership Provision made for concurrent funding HB 1088 1088 Employees' Retirement; certain judicial employees; membership Provision made for concurrent funding HB 1095 1134 Employees' Retirement; allowance and calculation of benefits Provision made for concurrent funding SB 10 1137 Employees' Retirement; certain forfeited annual and sick leave; credit Provision not made for concurrent funding SB 312 1144 Employees' Retirement; Ga. Fed-State Shipping Point Insp. Serv.; creditable service Provision made for concurrent funding Legislative Retirement System HB 198 1124 Legislative Ret. Sys.; allowance; amend provisions Provision made for concurrent funding HB 1114 1135 Legislative Ret. Sys.; General Assembly member; prior service Provision made for concurrent funding Teachers Retirement System HB 109 1122 Teachers Retirement; creditable service visiting scholar Provision made for concurrent funding HB 273 1394 Teachers Retirement; pregnancy leave; credit Provision not made for concurrent funding HB 458 1182 Teachers Retirement; cert. persons; creditable service Provision made for concurrent funding HB 623 1128 Teachers Retirement; transfer from local system; refund Provision made for concurrent funding HB 639 1398 Teachers Retirement; transfer by faculty of University System Provision made for concurrent funding HB 964 1133 Teachers Retirement; reestablishment of creditable service Provision made for concurrent funding District Attorneys' Retirement System and Employees' Retirement System HB 752 1130 District Attorneys' Ret.; transfer membership to Employees' Ret. Provision made for concurrent funding District Attorneys' Retirement System SB 72 1218 District Attorneys' Ret.; average annual compensation Provision made for concurrent funding District Attorneys' Emeritus HB 230 1125 District Attorneys' Emeritus; minimum salary Provision made for concurrent funding SB 640 919 District Attorneys' Emeritus; practicing law; repeal cert. prohibitions Provision not made for concurrent funding Firemen's Pension Fund SB 162 1143 Firemen's Pension Fund; increase benefits Provision made for concurrent funding Judges of the Probate Courts Retirement Fund SB 58 1139 Probate Courts Ret. Fund; secretary-treasurer; credit Provision made for concurrent funding Peace Officers' Annuity and Benefit Fund HB 44 1109 Peace Officers' Annuity/Benefit; benefit provisions Provision made for concurrent funding SB 28 1138 Peace Officers' Annuity/Benefit; benefit provisions Provision made for concurrent funding Sheriffs' Retirement Fund SB 121 1142 Sheriffs' Retirement Fund; single life annuity Provision made for concurrent funding Superior Court Clerks' Retirement Fund HB 1035 1288 Superior Court Clerks' Ret. Fund; benefits Provision made for concurrent funding Superior Court Judges Retirement System SB 76 1066 Superior Courts; Cert. judges serve another term Provision made for concurrent funding Superior Court Judges and Trial Judges and Solicitors Retirement Fund HB 441 1127 Superior Court Judges Retirement; certain creditable service Provision made for concurrent funding Superior Court Judges, Trial Judges and Solicitors Retirement Fund and Employees' Retirement System SB 79 1141 Superior Court Judges Ret./Trial Judges/Solicitors Ret.; membership Provision made for concurrent funding Trial Judges and Solicitors Retirement Fund SB 71 1140 Trial Judges and Solicitors Ret.; average annual compensation Provision made for concurrent funding Employees' Retirement System, Legislative Retirement System, Teachers Retirement System, Trial Judges and Solicitor's Retirement System, Public School Employees' Retirement Systems, Georgia Firemens' Pension Fund, Sheriffs Retirement Fund of Georgia, Peace Officers Retirement Fund, Superior Court Clerks' Retirement Fund, Superior Court Judges Retirement Fund, District Attorneys Retirement System HB 738 1223 Teachers Retirement; postretirement benefit adjustment Provision made for concurrent funding