Local and special acts and resolutions of the General Assembly of the state of Georgia 1991 [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 19910000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1991 19910000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2029 Resolution Applying to Congress for Amendment to the Constitution of the United States of America 2039 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral XLVII Population of Georgia CountiesAlphabetically CLXXV Population of Georgia CountiesNumerically CLXXXI Georgia Senatorial Districts, Alphabetically by County CLXXXIII Georgia Senators, Alphabetically by Name CLXXXV Georgia Senators, Numerically by District CLXXXVIII Georgia House Districts, Alphabetically by County CXCI Georgia Representatives, Alphabetically by Name CXCIII Georgia Representatives, Numerically by District CCI Status of Referendum Elections CCIX Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1990, General Election CCCXXIV Vetoes by the Governor CCCXXXIII State Auditor's Report on Retirement Bills CCCXLII VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 4807 Municipal Home Rule Actions 4837 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral XLVII Population of Georgia CountiesAlphabetically CLXXV Population of Georgia CountiesNumerically CLXXXI Georgia Senatorial Districts, Alphabetically by County CLXXXIII Georgia Senators, Alphabetically by Name CLXXXV Georgia Senators, Numerically by District CLXXXVIII Georgia House Districts, Alphabetically by County CXCI Georgia Representatives, Alphabetically by Name CXCIII Georgia Representatives, Numerically by District CCI Status of Referendum Elections CCIX Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1990, General Election CCCXXIV Vetoes by the Governor CCCXXXIII State Auditor's Report on Retirement Bills CCCXLII

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COMPILER'S NOTE General Acts and Resolutions of the 1991 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 2029. At the 1991 session, the General Assembly applied to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States of America. This application will be found in Volume I beginning on page 2039. 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 1990 are printed in Volume II beginning at page 4807. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1990 are printed in Volume II beginning at page 4837. There are no numbered pages between page 2042 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. The Resolutions beginning on pages 2026 and 2039 were not signed by the Governor. See the note at the end of each of these resolutions. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 1 1 2 5 3 3501 4 3504 5 6 6 7 7 87 8 93 9 94 10 130 11 133 12 3506 13 3511 14 135 15 139 16 258 17 263 18 3526 19 266 20 3529 21 274 22 276 23 3531 24 3535 25 278 26 280 27 288 28 3537 29 292 30 3542 31 3547 32 300 33 3549 34 3551 35 3554 36 3556 37 3559 38 3569 39 3571 40 3576 41 3579 42 3581 43 3586 44 3588 45 3590 46 3592 47 3611 48 3616 49 3620 50 3623 51 3625 52 3627 53 3630 54 3632 55 3634 56 3636 57 3638 58 3642 59 3646 60 3648 61 3651 62 3653 63 3677 64 3680 65 3689 66 3691 67 3693 68 3695 69 3699 70 302 71 303 72 306 73 307 74 3701 75 3709 76 3724 77 3726 78 3728 79 3730 80 3732 81 3734 82 3737 83 3740 84 3742 85 3745 86 3747 87 3751 88 3753 89 3759 90 3772 91 3776 92 3779 93 3783 94 3786 95 3792 96 3795 97 3796 98 3812 99 3814 100 3817 101 3819 102 3821 103 3822 104 3825 105 3830 106 3837 107 3841 108 3843 109 3846 110 3848 111 3851 112 3855 113 3859 114 3893 115 3911 116 3923 117 3925 118 3928 119 3931 120 3933 121 3935 122 3973 123 3976 124 3986 125 3989 126 3992 127 3995 128 3998 129 4000 130 4038 131 4042 132 4077 133 4079 134 4081 135 4091 136 4093 137 4097 138 4100 139 4101 140 4108 141 4110 142 4113 143 4116 144 4118 145 4120 146 4136 147 4155 148 4158 149 4160 150 4165 151 4167 152 4172 153 4175 154 4182 155 4183 156 4185 157 4189 158 4191 159 4192 160 4195 161 4212 162 4228 163 4232 164 4234 165 4236 166 4252 167 4255 168 4259 169 4265 170 4270 171 4274 172 4292 173 4297 174 4313 175 4315 176 4318 177 4320 178 4323 179 4328 180 4334 181 4336 182 4339 183 4359 184 4392 185 4394 186 4413 187 4415 188 4417 189 4419 190 4422 191 4427 192 4430 193 4432 194 4434 195 4436 196 4457 197 4460 198 4463 199 4465 200 4467 201 4470 202 4476 203 4478 204 4481 205 4482 206 4485 207 4487 208 4489 209 4492 210 4494 211 4496 212 4498 213 4508 214 4512 215 4514 216 4517 217 4520 218 4524 219 4540 220 4542 221 4545 222 4547 223 4550 224 4552 225 4555 226 4558 227 4564 228 4570 229 4604 230 4609 231 4615 232 4617 233 4620 234 4621 235 4626 236 4637 237 4638 238 4640 239 4643 240 4645 241 4647 242 4649 243 4668 244 4670 245 4675 246 4679 247 4681 248 4693 249 4696 250 4711 251 4747 252 309 253 310 254 312 255 316 256 321 257 323 258 324 259 326 260 327 261 328 262 330 263 332 264 334 265 335 266 338 267 341 268 346 269 349 270 350 271 352 272 353 273 356 274 358 275 359 276 360 277 361 278 363 279 364 280 365 281 367 282 368 283 369 284 371 285 372 286 373 287 375 288 376 289 379 290 388 291 389 292 390 293 391 294 394 295 399 296 401 297 404 298 405 299 406 300 408 301 410 302 411 303 412 304 413 305 416 306 417 307 419 308 425 309 430 310 431 311 432 312 434 313 435 314 450 315 452 316 456 317 462 318 465 319 597 320 599 321 600 322 602 323 604 324 605 325 606 326 608 327 614 328 616 329 618 330 620 331 622 332 624 333 626 334 627 335 631 336 632 337 634 338 639 339 642 340 654 341 660 342 664 343 665 344 666 345 668 346 669 347 677 348 680 349 685 350 687 351 691 352 693 353 713 354 715 355 716 356 717 357 719 358 720 359 721 360 723 361 724 362 726 363 728 364 739 365 744 366 746 367 747 368 748 369 749 370 750 371 752 372 753 373 755 374 771 375 773 376 777 377 779 378 780 379 784 380 786 381 787 382 4750 383 788 384 789 385 794 386 796 387 797 388 799 389 801 390 810 391 886 392 913 393 915 394 924 395 933 396 943 397 944 398 947 399 948 400 950 401 953 402 954 403 959 404 963 405 965 406 966 407 968 408 969 409 970 410 971 411 974 412 977 413 980 414 982 415 983 416 987 417 989 418 993 419 994 420 995 421 996 422 4755 423 4761 424 997 425 999 426 1000 427 1002 428 1003 429 1004 430 1007 431 1009 432 1009 433 1011 434 1012 435 1016 436 1019 437 1021 438 1027 439 1030 440 1036 441 1038 442 1040 443 1042 444 1044 445 1045 446 1051 447 1053 448 1055 449 1056 450 1058 451 1059 452 1090 453 1092 454 1093 455 1100 456 1101 457 1103 458 1105 459 1108 460 1109 461 1110 462 1113 463 1115 464 1123 465 1125 466 1126 467 1129 468 1130 469 1133 470 1135 471 1137 472 1140 473 1143 474 1145 475 1147 476 1154 477 1155 478 1157 479 1161 480 1164 481 1165 482 1166 483 1297 484 1299 485 1301 486 1302 487 1304 488 1311 489 1312 490 1317 491 1319 492 1320 493 1324 494 1346 495 1348 496 1352 497 1355 498 1358 499 1363 500 1365 501 1371 502 1374 503 1375 504 1377 505 1380 506 1386 507 1389 508 1391 509 1393 510 1394 511 1396 512 1398 513 1400 514 1401 515 1403 516 1409 517 1411 518 1419 519 4767 520 1421 521 1423 522 1424 523 1531 524 1543 525 1546 526 1577 527 1579 528 1581 529 4770 530 1585 531 1586 532 1587 533 1590 534 1598 535 1601 536 1603 537 1606 538 1608 539 1630 540 1638 541 1640 542 1648 543 1653 544 1683 545 1685 546 1686 547 1687 548 1690 549 1692 550 1696 551 1705 552 1707 553 1709 554 1712 555 1719 556 1728 557 1735 558 1738 559 1740 560 1749 561 1751 562 1753 563 1767 564 1773 565 1776 566 1778 567 1781 568 1782 569 1784 570 1800 571 1801 572 1804 573 1805 574 1821 575 1823 576 1825 577 1830 578 1839 579 1849 580 1850 581 1853 582 1861 583 1864 584 1868 585 4804 586 1870 587 1871 588 1880 589 1886 590 1896 591 1901 592 1903 593 1936 594 1943 595 1944 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 1 1005 2 1170 3 2031 4 1171 5 1173 6 1176 7 1177 8 1178 9 1184 10 1189 11 1194 12 1197 13 1198 14 1199 15 1200 16 1201 17 1203 18 1205 19 1206 20 1207 21 1229 22 1230 23 1231 24 1233 25 1235 26 1236 27 1237 28 1238 29 1240 30 1241 31 1243 32 1246 33 1250 34 1253 35 1257 36 1260 37 1262 38 1266 39 1271 40 1273 41 1277 42 1280 43 1282 44 1286 45 1287 46 1289 47 1294 48 1296 49 2032 50 2035 51 1694 52 1745 53 1747 54 2025 55 2026

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No . Page No . HB 1 7 87 HB 2 269 349 HB 3 270 350 HB 4 271 352 HB 5 319 597 HB 7 33 3549 HB 11 532 1587 HB 14 320 599 HB 26 321 600 HB 29 322 602 HB 32 323 604 HB 33 272 353 HB 34 273 356 HB 35 324 605 HB 36 325 606 HB 40 483 1297 HB 42 21 274 HB 43 274 358 HB 44 34 3551 HB 47 484 1299 HB 63 589 1886 HB 66 590 1896 HB 67 326 608 HB 68 11 133 HB 69 302 411 HB 70 303 412 HB 72 391 886 HB 78 327 614 HB 84 17 263 HB 85 1 1 HB 93 5 6 HB 94 35 3554 HB 96 328 616 HB 97 304 413 HB 117 275 359 HB 118 485 1301 HB 120 593 1936 HB 122 252 309 HB 123 563 1767 HB 125 486 1302 HB 127 36 3556 HB 129 305 416 HB 133 586 1870 HB 134 276 360 HB 139 329 618 HB 140 564 1773 HB 145 577 1830 HB 146 330 620 HB 149 306 417 HB 167 9 94 HB 168 10 130 HB 170 253 310 HB 171 37 3559 HB 172 38 3569 HB 173 331 622 Hb 174 277 361 HB 175 307 419 HB 177 278 363 HB 179 254 312 HB 182 317 462 HB 186 332 624 HB 187 565 1776 HB 188 333 626 HB 195 255 316 HB 199 334 627 HB 201 335 631 HB 202 279 364 HB 204 336 632 HB 208 540 1638 HB 209 280 365 HB 210 308 425 HB 215 337 634 HB 217 487 1304 HB 220 309 430 HB 223 338 639 HB 224 339 642 HB 226 318 465 HB 232 488 1311 HB 236 39 3571 HB 237 40 3576 HB 238 489 1312 HB 241 340 654 HB 247 256 321 HB 251 341 660 HB 256 257 323 HB 257 343 664 HB 259 343 665 HB 261 544 1683 HB 263 553 1709 HB 264 344 666 HB 266 345 668 HB 268 547 1687 HB 269 346 669 HB 271 258 324 HB 272 490 1317 HB 274 558 1738 HB 276 412 977 HB 279 591 1901 HB 280 550 1696 HB 281 512 1398 HB 283 592 1903 HB 284 6 7 HB 285 595 1944 HB 287 Vetoed HB 288 491 1319 HB 289 492 1320 HB 290 493 1324 HB 291 347 677 HB 292 348 680 HB 293 392 913 HB 294 41 3579 HB 295 528 1581 HB 296 349 685 HB 303 15 139 HB 313 259 326 HB 315 314 450 HB 316 42 3581 HB 317 350 687 HB 320 351 691 HB 323 352 693 HB 326 20 3529 HB 327 43 3586 HB 329 513 1400 HB 333 353 713 HB 334 354 715 HB 335 281 367 HB 338 282 368 HB 340 355 716 HB 343 283 369 HB 344 356 717 HB 350 494 1346 HB 351 284 371 HB 355 44 3588 HB 356 45 3590 HB 359 46 3592 HB 360 26 280 HB 361 47 3611 HB 362 48 3616 HB 366 357 719 HB 374 285 372 HB 377 49 3620 HB 378 50 3623 HB 379 495 1348 HB 380 496 1352 HB 383 358 720 HB 386 51 3625 HB 387 385 794 HB 388 52 3627 HB 389 359 721 HB 395 53 3630 HB 396 360 723 HB 397 54 3632 HB 398 22 276 HB 399 542 1648 HB 400 361 724 HB 402 394 924 HB 403 362 726 HB 406 531 1586 HB 412 363 728 HB 413 364 739 HB 416 365 744 HB 417 578 1839 HB 420 29 292 HB 422 286 373 HB 423 260 327 HB 427 366 746 HB 428 367 747 HB 429 368 748 HB 434 395 933 HB 436 369 749 HB 437 370 750 HB 438 371 752 HB 439 16 258 HB 441 373 755 HB 442 372 753 HB 446 287 375 HB 448 514 1401 HB 449 566 1778 HB 450 Vetoed HB 454 374 771 HB 455 375 773 HB 461 288 376 HB 462 55 3634 HB 464 56 3636 HB 465 376 777 HB 468 377 779 HB 469 378 780 HB 470 379 784 HB 474 289 379 HB 475 315 452 HB 476 310 431 HB 478 Vetoed HB 480 Vetoed HB 482 290 388 HB 483 32 300 HB 484 380 786 HB 488 554 1712 HB 490 57 3638 HB 492 381 787 HB 493 382 4750 HB 508 587 1871 HB 514 551 1705 HB 516 25 278 HB 518 58 3642 HB 524 59 3646 HB 526 396 943 HB 528 393 915 HB 531 397 944 HB 533 398 947 HB 536 60 3648 HB 537 562 1753 HB 540 399 948 HB 542 61 3651 HB 544 62 3653 HB 546 261 328 HB 547 400 950 HB 548 401 953 HB 549 63 3677 HB 553 64 3680 HB 554 411 974 HB 555 530 1585 HB 557 Vetoed HB 558 402 954 HB 560 403 959 HB 561 404 963 HB 563 405 965 HB 567 406 966 HB 569 407 968 HB 574 408 969 HB 578 409 970 HB 582 413 980 HB 583 24 3535 HB 584 414 982 HB 585 65 3689 HB 587 66 3691 HB 589 525 1546 HB 592 67 3693 HB 593 68 3695 HB 594 415 983 HB 595 4 3504 HB 597 69 3699 HB 604 541 1640 HB 605 416 987 HB 607 70 302 HB 608 417 989 HB 609 71 303 HB 611 291 389 HB 612 72 306 HB 614 292 390 HB 615 73 307 HB 616 311 432 HB 619 74 3701 HB 626 418 993 HB 637 419 994 HB 642 537 1606 HB 643 555 1719 HB 646 387 797 HB 647 75 3709 HB 648 420 995 HB 649 76 3724 HB 652 316 456 HB 653 312 434 HB 655 Vetoed HB 656 421 996 HB 657 422 4755 HB 658 423 4761 HB 660 424 997 HB 665 77 3726 HB 667 78 3728 HB 670 425 999 HB 671 426 1000 HB 679 567 1781 HB 684 80 3732 HB 685 79 3730 HB 686 81 3734 HB 688 82 3737 HB 693 427 1002 HB 694 410 971 HB 699 83 3740 HB 700 84 3742 HB 701 85 3745 HB 706 430 1007 HB 709 557 1735 HB 718 431 1009 HB 730 86 3747 HB 731 432 1009 HB 732 89 3759 HB 733 87 3751 HB 736 88 3753 HB 737 90 3772 HB 739 433 1011 HB 740 91 3776 HB 746 434 1012 HB 752 92 3779 HB 753 93 3783 HB 754 94 3786 HB 758 435 1016 HB 759 Vetoed HB 760 436 1019 HB 763 Vetoed HB 764 95 3792 HB 766 96 3795 HB 769 437 1021 HB 770 97 3796 HB 771 98 3812 HB 772 438 1027 HB 773 580 1850 HB 774 Vetoed HB 776 515 1403 HB 781 99 3814 HB 782 516 1409 HB 785 439 1030 HB 787 100 3817 HB 788 440 1036 HB 789 101 3819 HB 790 102 3821 HB 791 429 1004 HB 792 527 1579 HB 793 441 1038 HB 794 390 810 HB 798 442 1040 HB 800 103 3822 HB 802 104 3825 HB 803 105 3830 HB 804 533 1590 HB 805 106 3837 HB 808 497 1355 HB 809 107 3841 HB 810 108 3843 HB 811 568 1782 HB 813 109 3846 HB 814 443 1042 HB 819 110 3848 HB 820 444 1044 HB 822 445 1045 HB 823 446 1051 HB 830 111 3851 HB 831 112 3855 HB 833 113 3859 HB 841 114 3893 HB 843 115 3911 HB 844 447 1053 HB 845 448 1055 HB 849 449 1056 HB 852 116 3923 HB 853 117 3925 HB 856 118 3928 HB 861 119 3931 HB 863 120 3933 HB 864 121 3935 HB 866 122 3973 HB 867 123 3976 HB 873 124 3986 HB 874 125 3989 HB 876 126 3992 HB 877 127 3995 HB 879 128 3998 HB 880 129 4000 HB 882 130 4038 HB 884 131 4042 HB 885 132 4077 HB 886 450 1058 HB 887 133 4079 HB 889 451 1059 HB 890 134 4081 HB 891 135 4091 HB 894 517 1411 HB 899 136 4093 HB 902 452 1090 HB 905 498 1358 HB 906 453 1092 HB 909 138 4100 HB 911 137 4097 HB 915 139 4101 HB 916 140 4108 HB 917 28 3537 HB 920 141 4110 HB 922 142 4113 HB 923 143 4116 HB 927 13 3511 HB 928 454 1093 HB 929 144 4118 HB 930 145 4120 HB 931 146 4136 HB 935 147 4155 HB 940 148 4158 HB 941 149 4160 HB 942 150 4165 HB 945 251 4747 HB 947 151 4167 HB 948 152 4172 HB 953 153 4175 HB 957 154 4182 HB 967 155 4183 HB 971 156 4185 HB 973 157 4189 HB 974 158 4191 HB 975 160 4195 HB 976 161 4212 HB 977 162 4228 HB 978 163 4232 HB 979 164 4234 HB 980 165 4236 HB 981 166 4252 HB 982 167 4255 HB 983 168 4259 HB 986 169 4265 HB 987 170 4270 HB 988 171 4274 HB 989 172 4292 HB 990 173 4297 HB 991 174 4313 HB 992 175 4315 HB 995 176 4318 HB 996 177 4320 HB 997 178 4323 HB 998 159 4192 HB 1005 179 4328 HB 1007 180 4334 HB 1008 181 4336 HB 1010 182 4339 HB 1011 183 4359 HB 1012 184 4392 HB 1014 185 4394 HB 1015 186 4413 HB 1016 187 4415 HB 1017 188 4417 HB 1019 31 3547 HB 1020 189 4419 HB 1021 190 4422 HB 1022 191 4427 HB 1023 192 4430 HB 1024 193 4432 HB 1025 194 4434 HB 1026 195 4436 HB 1027 529 4770 HB 1028 196 4457 HB 1032 197 4460 HB 1033 198 4463 HB 1040 18 3526 HB 1046 199 4465 HB 1047 200 4467 HB 1049 201 4470 HB 1051 202 4476 HB 1055 203 4478 HB 1056 204 4481 HB 1058 205 4482 HB 1059 206 4485 HB 1065 207 4487 House Resolution Resolution Act No. Page No . HR 7 50 2035 HR 15 2 1170 HR 16 3 2031 HR 18 4 1171 HR 19 5 1173 HR 40 6 1176 HR 42 7 1177 HR 73 8 1178 HR 74 9 1184 HR 80 10 1189 HR 103 11 1194 HR 104 12 1197 HR 105 2041 HR 107 13 1198 HR 109 14 1199 HR 110 52 1745 HR 119 15 1200 HR 150 16 1201 HR 155 17 1203 HR 156 18 1205 HR 157 19 1206 HR 160 20 1207 HR 162 21 1229 HR 184 22 1230 HR 283 55 2026 HR 285 23 1231 HR 288 49 2032 HR 290 53 1747 HR 318 24 1233 HR 336 25 1235 HR 337 26 1236 HR 346 27 1237 HR 348 28 1238 HR 349 29 1240 HR 352 Vetoed HR 402 51 1694 Senate Bill Act No . Page No . SB 26 27 288 SB 27 208 4489 SB 34 455 1100 SB 35 293 391 SB 39 456 1101 SB 41 294 394 SB 42 457 1103 SB 43 12 3506 SB 46 458 1105 SB 48 262 330 SB 54 499 1363 SB 57 459 1108 SB 58 460 1109 SB 63 210 4494 SB 64 211 4496 SB 67 500 1365 SB 68 295 399 SB 71 539 1630 SB 72 560 1749 SB 76 212 4498 SB 77 209 4492 SB 80 213 4508 SB 82 19 266 SB 83 214 4512 SB 88 263 332 SB 93 581 1853 SB 94 559 1740 SB 95 543 1653 SB 96 545 1685 SB 97 556 1728 SB 98 548 1690 SB 99 549 1692 SB 100 546 1686 SB 101 552 1707 SB 103 461 1110 SB 107 569 1784 SB 110 538 1608 SB 112 14 135 SB 120 462 1113 SB 123 300 408 SB 126 463 1115 SB 130 383 788 SB 133 264 334 SB 142 501 1371 SB 143 265 335 SB 153 Vetoed SB 154 464 1123 SB 158 582 1861 SB 160 388 799 SB 161 389 801 SB 162 502 1374 SB 163 384 789 SB 167 526 1577 SB 169 386 796 SB 171 482 1166 SB 172 503 1375 SB 175 266 338 SB 176 465 1125 SB 177 561 1751 SB 178 504 1377 SB 179 534 1598 SB 180 570 1800 SB 183 505 1380 SB 184 466 1126 SB 186 467 1129 SB 188 468 1130 SB 189 2 5 SB 192 588 1880 SB 196 506 1386 SB 197 469 1133 SB 201 571 1801 SB 202 572 1804 SB 207 215 4514 SB 208 507 1389 SB 209 518 1419 SB 212 535 1601 SB 213 536 1603 SB 214 216 4517 SB 217 523 1531 SB 221 217 4520 SB 222 296 401 SB 223 218 4524 SB 224 470 1135 SB 225 519 4767 SB 229 594 1943 SB 230 573 1805 SB 235 267 341 SB 238 297 404 SB 241 219 4540 SB 243 471 1137 SB 252 220 4542 SB 257 221 4545 SB 258 222 4547 SB 267 301 410 SB 272 Vetoed SB 279 574 1821 SB 281 508 1391 SB 282 509 1393 SB 283 268 346 SB 289 8 93 SB 293 223 4550 SB 298 3 3501 SB 299 428 1003 SB 300 235 4626 SB 309 583 1864 SB 311 579 1849 SB 312 472 1140 SB 313 473 1143 SB 321 224 4552 SB 323 298 405 SB 324 474 1145 SB 325 510 1394 SB 327 30 3542 SB 328 524 1543 SB 329 225 4555 SB 332 226 4558 SB 335 575 1823 SB 338 475 1147 SB 342 476 1154 SB 346 477 1155 SB 347 522 1424 SB 348 576 1825 SB 349 227 4564 SB 357 Vetoed SB 359 228 4570 SB 361 229 4604 SB 362 230 4609 SB 366 23 3531 SB 367 511 1396 SB 368 231 4615 SB 370 313 435 SB 373 232 4617 SB 374 478 1157 SB 375 479 1161 SB 376 584 1868 SB 382 Vetoed SB 385 520 1421 SB 386 585 4804 SB 389 480 1164 SB 396 299 406 SB 398 233 4620 SB 399 234 4621 SB 401 236 4637 SB 402 237 4638 SB 403 238 4640 SB 404 239 4643 SB 405 240 4645 SB 406 241 4647 SB 407 481 1165 SB 414 242 4649 SB 416 521 1423 SB 419 243 4668 SB 428 244 4670 SB 437 246 4679 SB 442 247 4681 SB 443 245 4675 SB 446 248 4693 SB 449 249 4696 SB 454 250 4711 Senate Resolution Resolution Act No. Page No. SR 15 30 1241 SR 39 31 1243 SR 40 32 1246 SR 41 33 1250 SR 42 34 1253 SR 44 35 1257 SR 45 36 1260 SR 55 37 1262 SR 67 38 1266 SR 68 39 1271 SR 72 54 2025 SR 90 40 1273 SR 94 41 1277 SR 96 42 1280 SR 106 43 1282 SR 122 44 1286 SR 129 45 1287 SR 140 46 1289 SR 198 Vetoed SR 213 1 1005 SR 233 47 1294 SR 235 48 1296

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1991 DOUGLAS COUNTYBOARD OF COMMISSIONERS; VACANCIES; APPLICABILITY. No. 3 (Senate Bill No. 298). 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, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4371), so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previously filled vacancies; 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 Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4371), is amended by striking Section 6 which reads as follows: Section 6. Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled by remaining

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members of said board for the unexpired term. However, no person shall be selected who would not be qualified to serve as a juror in a cause in which said board is a party., and inserting in its place a new Section 6 to read as follows: Section 6. Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled as follows: (1) If the unexpired term to be filled is six months or more in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' and the cost of the election shall be defrayed by the proper county authorities; and (2) If the unexpired term to be filled is less than six months in duration, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term. Section 2 . The provisions of this Act shall apply with respect to any vacancy occurring on or after January 1, 1991. If as of the effective date of this Act any person has been appointed to fill any such vacancy in the manner provided by prior law, the person so appointed under prior law shall serve only temporarily until such time as such vacancy is filled in the manner specified in this Act; and the person so appointed under prior law shall thereafter cease to serve. 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.

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LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 4371), so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previously filled vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 7th day of February, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Garner, who, on oath, deposes and says that he is Senator from the 30th 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 8, 1991. /s/ Wayne Garner Senator, 30th District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 25, 1991.

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HALL COUNTYBOARD OF EDUCATION; MEMBERS' EXPENSES; INSURANCE. No. 4 (House Bill No. 595). AN ACT To provide a method of compensating the members of the Board of Education of Hall County; to provide for the reimbursement of expenses incurred for travel outside of the county; to authorize members of the board to participate in group insurance plans; 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 member of the Board of Education of Hall County shall be compensated in the amount of $400.00 per month. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside of the county on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that this travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia, a bill relating to the compensation and expense reimbursement of the members of the Board of Education of Hall County, and for other purposes. THIS 21st day of January, 1991. J. NATHAN DEAL Senator, 49th District JERRY D. JACKSON District 9 Post 3 ROBERT W. LAWSON, JR. District 9 Post 2 E. WYCLIFFE ORR District 9 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: January 28, 1991. /s/ Jerry Jackson Representative, 9th District Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved February 25, 1991.

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FULTON COUNTY AND MUNICIPALITIES AND SCHOOL SYSTEMS THEREINMILLAGE RATES. No. 12 (Senate Bill No. 43). AN ACT To provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Fulton 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 the procedure for adopting the ordinance or resolution; 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 . As used in this Act, the term: (1) Ad valorem tax or property tax means a tax imposed upon the assessed value of property. (2) Certified tax digest means that annual property tax digest certified by the tax commissioner of Fulton 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 governance of a taxing jurisdiction. (4) Local fair share means the amount of funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program pursuant to Code Section 20-2-164.

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(5) Mill means one one-thousandth of a United States dollar. (6) 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, municipalities', or school systems' expenses for their fiscal years. (7) 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 of real property certified by the chief assessor of Fulton County; provided, however, that the five mills local fair share shall be excluded from the millage rate levied in the fiscal year immediately preceding the new fiscal year for purposes of rollback and that local school systems be authorized to levy the millage required to raise the local fair share required to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (8) Taxing jurisdiction means Fulton County, the City of Atlanta, any municipality located wholly or partially in Fulton County, the school systems of the county and any such cities, and any special tax district of Fulton County. (9) 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 June 1, 1991, or 30 days before a governing authority is required to establish its millage rates, whichever is earlier, and on or before such date each year thereafter, the chief tax assessor of Fulton County shall certify to the governing authority estimates of:

Page 3508

(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; (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 taxing jurisdiction's next fiscal year as was levied during the current fiscal year; provided, however, that the millage rate for local school systems shall be computed pursuant to paragraph (7) of Section 1 of this Act. Section 3 . (a) No millage for the calendar year beginning in 1991 and any year thereafter may be levied until the governing authority 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 compiled with the provisions of this section. Whenever the 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 serving the residents, which shall read as follows:

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NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes of (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 only after this hearing. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) After 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 subsectios (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 Article 5A of Chapter 5 of Title 48 of the O.C.G.A. shall not require new advertisement and hearings as required in this section. Section 4 . 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 5 . Failure of a taxing jurisdiction to comply with the requirements of this bill shall not invalidate any tax bill.

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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 1991 session of the General Assembly of Georgia a bill to establish procedures for determination of millage rates for Fulton County, the City of Atlanta, other municipalities located in Fulton County, all school systems wholly or partially located in the county, and any special tax districts established in Fulton County; and for other purposes. This 27th day of December, 1990. MICHAEL J. EGAN Jan 2 1991-tg 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 Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 2, 1991. /s/ Michael J. Egan Senator, 40th District

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Sworn to and subscribed before me, this 8th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 14, 1991. WARNER ROBINS BUILDING AUTHORITYCREATION. No. 13 (House Bill No. 927). AN ACT To create and establish the Warner Robins Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the Authority to acquire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by the City of Warner Robins for its governmental, proprietary, and administrative functions; to authorize the City of Warner Robins to lease or sell lands and buildings to the Authority; to provide for the appointment of members of the Authority; to define certain terms and words; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and the City of Warner Robins to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Warner Robins, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I, shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, and earnings and other functions of the Authority to pay the costs of such project; to

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authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Authority exempt from taxation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to exempt the property and income of the Authority from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale; to provide that this Act shall be liberally construed; to define the scope of the Authority's operation; 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 . Warner Robins Building Authority created. There is created a public body corporate and politic to be known as the Warner Robins Building Authority, herein called the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, and equip self-liquidating projects, including, but not limited to, buildings, sanitary and surface water sewers, streets, roads and public facilities of every nature, type and character, for use by the City of Warner Robins for its governmental, proprietary, public, and administrative functions, and the City of Warner Robins is granted the right and power by proper resolution of its governing authority to sell or lease to the Authority lands and buildings owned by it. The Authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the Georgia State Financing and Investment Commission Act. The Authority shall have its principal office in Houston County, and its legal situs or residence for the purposes of this chapter shall be Houston County.

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Section 2 . Membership. The Authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the Mayor and Council of the City of Warner Robins. The members of said Mayor and Council shall be eligible to be elected to and serve on the Authority. The members of the Authority shall hold office for terms of four years and until their successors shall have been elected; provided, however, that of the original members elected to the Authority three shall be elected to terms of one year each and two shall be elected to terms of three years. Upon the expiration of each of such initial terms, the successors shall be elected for terms of four years. Any vacancy on the Authority shall be filled for the unexpired term by the Mayor and Council. Immediately after their election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice-Chairman. The Secretary/Treasurer of the Authority shall be the City Manager of the City of Warner Robins, or his or her designee, who shall not be a member of the Authority. Three members of the Authority shall constitute a quorum and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and shall have perpetual existence. Section 3 . Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Warner Robins Building Authority created by this Act. (2) The word project shall mean and include real and personal property acquired or held by the Authority for one or a combination of two or more of the following undertakings: buildings and facilities intended for use as a city hall, jail, police department, fire department, administrative services, governmental offices, communications services, proprietary and utility offices, stadia, auditorium and

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sports, park, and recreational facilities, parking facilities, streets, roads and rights of ways, sanitary and surface water sewers, urban redevelopment projects in blighted areas, and facilities for fairs and exhibitions and events of all types and character, and all buildings and facilities of every kind and character, determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Warner Robins, or of the State of Georgia in the performance of its governmental, proprietary, and administrative functions. (3) The term cost of project shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term revenue bonds shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act may be issued by the Authority in the manner authorized under the Revenue Bond Law. Section 4 . Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, it shall have the power: (1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, leases, rental agreements,

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and other instruments relating to its projects and incident to the exercise of the powers of the Authority, including contracts for constructing, renting, and leasing of its projects for the use of the City of Warner Robins; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Warner Robins to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years; and the City of Warner Robins may enter into lease contracts and related agreements for the use of any structure, building, or facility, or a combination of two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years upon a majority vote of its governing body and may obligate itself for the use of such property so leased and also obligate itself as a part of the undertaking to pay debt service incurred in connection with such property, and to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority. Title to any such property shall be held by the Authority exclusively for the benefit of the public. The Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor and, in any

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proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the Authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Warner Robins, the governing authority of the City of Warner Robins is authorized to convey such lands to the Authority for such consideration, not exceeding reasonable value, as may be agreed upon by the Authority, as Grantee, and by such governing authority, on behalf of the City of Warner Robins, as Grantor, taking into consideration the public benefit to be derived from such conveyance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the Authority; (7) To appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions, all of which the Authority is authorized to receive, accept, and use to prescribe rules and regulations for the operation of and to exercise police powers over the project or projects managed or operated by the Authority.

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(9) To accept, receive, and administer gifts, grants, loan and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose; (10) To borrow money for any of its corporate purposes; and to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (12) Pursuant to proper resolution of the Authority to issue revenue bonds payable from the rents and revenues of the Authority and its projects, to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the Authority theretofore issued. If the proceeds of the bonds of the any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities,

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and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the Authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the Authority shall be deemed to be a political subdivision of the State of Georgia. Section 5 . Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or the City of Warner Robins; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the Authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said municipality may obligate itself to pay the amounts required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Section 6 . Trust agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust

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agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures for corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. Section 7 . Refunding bonds. The Authority is authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds. Section 8 . Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any

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action against the Authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Houston County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 9 . Revenue bond validation. The petition for validation of all bonds of the Authority shall be brought against the Authority and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Houston County in which court such validation proceedings shall be initiated. Section 10 . Interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 11 . Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient

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with other revenue, if any, of such project or projects or of the Authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (6) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project and may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable.

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(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The Authority shall be permitted to assign any rental payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 12 . Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the Authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside

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at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Section 13 . Exemption from taxation. The exercise of the powers conferred upon the Authority hereunder shall constitute an essential governmental function for a public purpose and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the Authority. Section 14 . Immunity from tort actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the Authority, when in performance of work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Section 15 . Property not subject to levy and sale. The property of the Authority shall not be subject to levy and sale under legal process. Section 16 . Trust funds. All funds received pursuant to authority hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust

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funds to be held and applied by the Authority, solely as provided herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority. Section 17 . Construction. This Act and any other law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. Section 18 . Scope of operations. The scope of the Authority's operation shall be limited to the territory embraced within the corporate limits of the City of Warner Robins as the same now or may hereafter exist. Section 19 . Conveyance of property upon dissolution. Should the Authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to the City of Warner Robins; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. Section 20 . Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 21 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 22 . Repealer. All laws and parts of laws in conflict with this Act are repealed.

Page 3525

NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of Warner Robins, Georgia, intends to apply for the passage of local legislation in the 1991 regular session of the General Assembly of Georgia, which convenes in January, 1991. The title of the Bill or Bills to be introduced shall be entitled as follows: An Act to create and establish the Warner Robins Building Authority; and for other purposes. This the 15th day of February, 1991. James E. Elliott, Jr., Attorney for the City of Warner Robins, Georgia 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: February 20, 1991. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 22, 1991.

Page 3526

CITY OF ROSWELLCORPORATE LIMITS. No. 18 (House Bill No. 1040). AN ACT To amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to reincorporate the City of Roswell in the County of Fulton, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended, is amended by inserting at the end of Section 1.02 a new paragraph to read as follows: Notwithstanding any other provision of law to the contrary, the corporate limits of the City of Roswell shall not include the following described property. TRACT I. All that parcel or tract of land lying and being in land lots 940, 1003, 1004 and 1005, 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows. BEGINNING at an iron pin found at the common corner of land lots 1002, 1003, 1014 and 1015, run thence north 8952' west along the south land lot line of land lot 1003 a distance of 1332.7 feet to a point, said point being the common corner of land lots 1003, 1004, 1013 and 1014; thence south 8956'30 west along the south land lot line of land lot 1004 a distance of 1289.7 feet to a point, said point being the common corner of land lots 1004, 1005, 1012 and 1013; thence south 6410' west a distance of 363.3 feet to a point; thence north 1100' west a distance of 310.0 feet to a point: thence north 5100' west a distance of 100.0 feet to a point; thence north 7400' west a distance of 270.0 feet to a point; thence north 2830' east a distance of 325.0 feet to a point; thence north 1600' west a distance of 390.0 feet

Page 3527

to a point; thence north 7500' east a distance of 180.0 feet to a point; thence north 2700' east a distance of 120.0 feet to a point, thence north 3400' west a distance of 80.0 feet to a point; thence north 7000' west a distance of 180.0 feet to a point; thence north 4200' west a distance of 650.0 feet to a point; thence north 2330' west a distance of 550 feet more or less to a point on the centerline of Little River; thence easterly along said centerline of Little River a distance of 1370 feet more or less to a point; thence south 0008' west along the east land lot line of land lot 940 a distance of 688 feet more or less to a point, said point being the common corner of land lots 940. 941, 1004 and 1005; thence north 8934'30 east along the north land lot line of land lot 1004 a distance of 1263.5 feet to a point, said point being the common corner of land lots 941, 942, 1003 and 1004; thence north 8940' east along the north land lot line of land lot 1003 a distance of 1398.4 feet to a point, said point being the common corner of land lots 942, 943, 1002 and 1003; thence south 0152' west along the east land lot line of land lot 1003 a distance of 1334.4 feet to a point, said point being the common corner of land lots 1002, 1003, 1014 and 1015 and the point of beginning, said tract containing 119.4 acres. TRACT II. All that parcel or tract of land lying and being in land lot 1074, 2nd District, 2nd Section Fulton County, Georgia, and being more particularly described as follows. BEGINNING at an iron pin found at the common corner of land lots 1015, 1016, 1073 and 1074 run thence southerly along the east land lot line of land lot 1074 a distance of 835 feet more or less to a point on the northerly R/W of Ebenezer Road (being a variable R/W); thence westerly along the northerly R/W line of Ebenezer Road a distance of 290' more or less to a point; thence southerly a distance of 60 feet more or less to a point; thence north 7872'43 west a distance of 397.34 feet to a point: thence south 8347'06 west a distance of 226.42 feet to a point; thence south 8545'48 west a distance of 141.35 feet to a point; thence south 6813'48 west a distance of 70.16 feet to a point; thence north

Page 3528

5706'21 east a distance of 253.07 feet to a point on the westerly land lot line of land lot 1074; thence northerly along said westerly land lot line of land lot 1074 a distance of 740 feet more or less to a point, said point being the common corner of land lots 1014, 1015, 1074 and 1075; thence easterly along the north land lot line of land lot 1074 a distance of 1320 feet more or less to a point, said point being the common corner of land lots 1014, 1016, 1073 and 1074 and the point of beginning, said tract containing 25.3 acres more less. 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 1991 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), as amended; and for other purposes. This 6th day of March, 1991. Honorable Sallie Newbill Senator, 56th District Honorable Tom Campbell Representative, 23rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: March 8, 1991. /s/ Tom Campbell Representative, 23rd District

Page 3529

Sworn to and subscribed before me, this 8th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 27, 1991. NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYREVENUE BONDS. No. 20 (House Bill No. 326). AN ACT To amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, approved April 6, 1981 (Ga. L. 1981, p. 3302), so as to provide for additional authority with respect to the issuance of revenue bonds; to provide for conditions and restrictions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, approved April 6, 1981 (Ga. L. 1981, p. 3302), is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows: Section 1A. Anything contained in that local constitutional amendment creating this Authority, Ga. L. 1964, p. 825, or Section 1 of this Act to the contrary notwithstanding, the Authority shall have the power to issue its revenue bonds directly on behalf and for the benefit of Newton County, Georgia

Page 3530

and all municipal corporations and other political subdivisions situated therein, collectively the `public subdivisions,' provided that the properties to be financed for any such public subdivision with the proceeds of such revenue bonds shall be used by such public subdivision, directly or indirectly, at least 51 percent for gas, water, and electrical utilities, CATV facilities, or such other authorized utility franchise activities. The relative usages of such financed properties may be established conclusively by action of the governing body of any such pertinent public subdivision with reference to the square footage or cubic footage of such financed properties or any other objective manner which would generally establish that the financed properties are used at least 51 percent for the activities specified in 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 1991 session of the General Assembly of Georgia a bill to amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, approved April 6, 1981 (Ga. L. 1981, p. 3302), so as to provide for additional authority with respect to the issuance of revenue bonds; to provide for conditions and restrictions; to repeal conflicting laws; and for other purposes. This 16th day of January, 1991. 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

Page 3531

the official organ of Newton County, on the following date: January 24, 1991. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 27, 1991. COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITYMEMBERS; APPOINTMENT; TERMS; VACANCIES. No. 23 (Senate Bill No. 366). AN ACT To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, is amended by striking subsections (a)

Page 3532

through (f) of Section 3 and inserting in their places new subsections (a) through (f) to read as follows: (a) The authority shall consist of seven members appointed from posts as follows: (1) The member representing Post 1 shall be the mayor of the City of Marietta who shall serve as a member of the authority during his tenure as mayor of the City of Marietta; (2) The member representing Post 2 shall be the mayor of the City of Smyrna who shall serve as a member of the authority during his tenure as mayor of the City of Smyrna; (3) The member representing Post 3 shall be appointed by the board of commissioners of Cobb County; (4) The member representing Post 4 shall be appointed by the Cobb County Board of Parks and Recreation and shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office; (5) The member representing Post 5 shall be the chairman of the board of commissioners of Cobb County who shall serve during his tenure as chairman of the board of commissioners of Cobb County; and (6) The members representing Post 6 and Post 7 shall be appointed by a majority vote of the other five members of the authority. At least one of such appointed members shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office. Majority vote shall be defined in this paragraph as three of the five members of the authority appointed pursuant to this subsection. (b) The person serving as a member of the authority representing Post 3 on January 1, 1991, or such person's successor shall continue to so serve as a member of such authority until

Page 3533

May 1, 1994, and until such person's successor is appointed and qualified. (c) The person serving as a member of the authority representing Post 4 on January 1, 1991, or such person's successor shall continue to serve in office until May 1, 1994, and until such person's successor is appointed and qualified. (d) Except as otherwise provided in this section, the members of the authority in office on January 1, 1991, or their successors, shall not serve out the remainder of the terms to which they were appointed but shall serve only until their successors are appointed and qualified as specified in this section. The members representing Posts 1, 2, and 5 shall take office on the effective date of this Act and the members representing Posts 6 and 7 shall be appointed and shall take office not later than 30 days after the effective date of this Act. The initial member appointed to Post 6 shall serve until May 1, 1996, and until his successor is appointed and qualified. The initial member appointed to Post 7 shall serve until May 1, 1994, and until his successor is appointed and qualified. Thereafter, the members from Posts 3, 4, 6, and 7 shall serve for terms of five years each and until their successors are appointed and qualified and shall take office on May 2 immediately following their appointment. The members representing Posts 1, 2, and 5, being the mayor of the City of Marietta, the mayor of the City of Smyrna, and the chairman of the board of commissioners of Cobb County, respectively, shall serve during the tenure of their respective offices or ex officio. (e) A vacancy on the authority shall be filled by the body which made the initial appointment for the post as provided in subsection (a) of this section. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term of office. (f) Reserved. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 3534

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. 28-1-14 that a bill will be introduced to amend the Act creating the Cobb-Marietta Convention and Exhibit Hall Authority, 1980 Ga. Laws 4091, et seq. as amended by a 1981 Ga. Laws 4350, et seq. and 1986 Ga. Laws 5549, et seq. The purpose of the amendatory Act would be to change the composition of the Authority, the method of selection and appointment of the members of the Authority, certain provisions regarding the issuance of bonds by the Authority and for any other lawful purpose. STEPHEN P. THOMPSON, Senator 33rd District 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 Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 1, 1991. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 1st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 27, 1991.

Page 3535

BUTTS COUNTYBOARD OF COMMISSIONERS; PUBLICATION OF STATEMENT OF RECEIPTS AND DISBURSEMENTS. No. 24 (House Bill No. 583). AN ACT To amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is amended by striking Section 14 and inserting in its place a new Section 14 to read as follows: Section 14. The board shall have published each quarter of the year in the official county organ, not later than 60 days after the end of said quarter, an itemized statement of the receipts and disbursements, giving the number and amount of voucher or check, the payee named therein, and the purpose for which given. The board shall not include within the publication disbursements to county employees as a result of their regular employment. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended; and for other purposes.

Page 3536

This 28th day of January, 1991. 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 30, 1991. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 5th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 27, 1991.

Page 3537

ATHENS-CLARKE COUNTYSTATE COURT; JUDGE; CONTINUATION OF PRESENT JUDGE; DESIGNATION OF CHIEF JUDGE; COMPENSATION; ADDITIONAL JUDGE; CLERK; APPOINTMENT; ELECTION; TERM; COMPENSATION. No. 28 (House Bill No. 917). AN ACT To amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to continue the existing term of the present Judge of said Court; to provide that the present Judge of the Court be designated Chief Judge as defined herein; to provide that the current compensation of the present Judge of the Court shall be the compensation to be paid to the Chief Judge of said Court; to add a Judge to said Court; to provide for the appointment, election, term of office, and compensation of said additional Judge and for the election of successors to such Judge; to establish the office of the Clerk of the State Court of Athens-Clarke County, Georgia; to provide for the appointment, election, term of office, and compensation of such Clerk of Court and for the election of successors to such Clerk; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), is amended by deleting in its entirety Section 2A and 2B and inserting in lieu thereof a new Section II to read as follows: Section II. The Judge in office on the effective date of this Act shall continue to serve the term of office for which he was

Page 3538

elected and is now serving. Such Judge is to be designated as Chief Judge on the effective date of this Act. The Chief Judge is that Judge who has the primary responsibility for the administration of the operations of said Court, including but not limited to, budget, scheduling, policies and rules of the Court. Successor Chief Judges shall be the Judge who has the most years of continuous service in the State Court of Athens-Clarke County. The Chief Judge shall be compensated as provided in Section XLI of this Act. There shall be an additional Judge of the State Court of Athens-Clarke County. The second judicial position added by this Section shall be submitted to the United States Justice Department for preclearance in accordance with the mandates of the Voting Rights Act of 1965. Thereafter, the second Judge added by this Section shall be appointed to an initial term of office by the Governor as soon as possible after the effective date of this Act and after clearance by the United States Department of Justice, such initial term to expire December 31, 1992. Successors to the Judge in office on the effective date of this Act and to the second Judge added by this Act shall be elected at the November election in the year in which their respective terms of office expire, and they shall serve for terms of office of four years each and until their successors are elected and qualified. The second Judge appointed hereby, and all successor Judges to such position, shall be compensated as provided in Section XLI of this Act. Section 2 . Said Act is further amended by deleting in its entirety Section V and inserting in lieu thereof a new Section V to read as follows: Section V. Any other provisions of this Act to the contrary notwithstanding, there is hereby created the office of the Clerk of the State Court of Athens-Clarke County, Georgia. Such office shall discharge the same duties as previously rendered to the State Court of Clarke County by the Clerk of the Superior Court of Clarke County and shall be entitled to the same fees as are allowed by law. In addition, such office shall be operated in accordance with the practices and procedures set forth in Article 3 of Chapter 7 of Title 15 of the O.C.G.A. The chief judge of the State Court of Athens-Clarke County shall appoint the Clerk of the State Court of Athens-Clarke County for the

Page 3539

period beginning on the effective date of this Act and ending on December 31, 1992. Unless prohibited by the federal Voting Rights Act of 1965, successors to the clerkship added by this Act shall be elected at the November election in the year in which their respective terms of office expire, and they shall serve four years each and until their successors are elected and qualified. The Clerk who shall initially serve through and including December 31, 1992, and all successor Clerks elected to such office, shall be paid an annual salary equal to the sum of 90 percent of the annual salary paid by the governing authority of Athens-Clarke County to the Clerk of the Superior Court of Clarke County, Georgia. The governing authority of Athens-Clarke County is hereby authorized to provide the compensation specified in this Section by the adoption of a resolution providing for such salary. The salary of such Clerk of Court shall be an expense of the Court. The Sheriff of Clarke County and his lawful deputies shall serve as the Sheriff and deputies of the State Court of Athens-Clarke County, Georgia, and shall be entitled to the same fees allowed them by law in the Superior Court for services rendered in said Court. In addition, the Sheriff and his lawful deputies shall discharge the same duties and be subject to the same obligations and penalties. Section 3 . Said Act is further amended by deleting in its entirety Section XLI and inserting in lieu thereof a new Section XLI to read as follows: Section XLI. Any other provisions of this Act to the contrary notwithstanding, no Judge of the State Court of Athens-Clarke County shall be permitted to engage in the private practice of law. The Chief Judge of such Court shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State, plus 90 percent of the annual amount of any supplement paid by the governing authority of Athens-Clarke County to the Judges of the Superior Court of said county. The Judge filling the second judicial position created in Section II of this Act, and any other Judge added to the Court thereafter, shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State, plus 50 percent of the annual amount of any supplement paid by the governing

Page 3540

authority of Athens-Clarke County to the Judges of the Superior Court of said county. In addition to the salary provided for the Judges of the State Court of Athens-Clarke County in this Section, the governing authority of Athens-Clarke County shall pay on behalf of each Judge of the State Court of Athens-Clarke County a sum equal to the contribution required for judges by Chapter 10 of Title 47 of the O.C.G.A., known as the `Trial Judges and Solicitors Retirement Fund Act,' as now or hereafter amended. The governing authority of Athens-Clarke County is hereby authorized to provide the compensation specified in this Section by the adoption of a resolution providing for such compensation sums. The compensation paid to such Judges shall be an expense of said Court. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF CLARKE Notice is hereby given that local legislation will be introduced in the regular 1991 session of the General Assembly of Georgia to amend an Act establishing a City County in the County of Clarke (now known as the State Court of Clarke County), approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, so as to continue the existing term of the present Judge of said Court; to provide that the present Judge of the Court be designated Chief Judge as defined in the proposed legislation; to reflect that the current compensation of the present Judge of the Court shall be the compensation to be paid as Chief Judge of said Court; to add a Judge to said Court; to provide for the appointment, election, term of office, and compensation of said additional Judge and for the election of successors to such Judge; to establish the office of the Clerk of the State Court of Athens-Clarke County, Georgia; to provide for the appointment, election, term of office and compensation

Page 3541

of such Clerk of Court and for the election of successors to such Clerk; and to provide for other matters related thereto. This 18th day of January, 1991. The Unified Government of Athens-Clarke County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael L. Thurmond, who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Daily News which is the official organ of Clarke County, on the following date: January 18, 1991. /s/ Michael L. Thurmond Representative, 67th District Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 27, 1991.

Page 3542

GWINNETT COUNTY ARTS FACILITY AUTHORITYCREATION. No. 30 (Senate Bill No. 327). AN ACT To create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits; to limit the powers of the authority; to provide for exemptions from taxes and assessments; to provide for judicial jurisdiction; to provide that the powers of the authority are supplemental and provide for liberal construction; 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 project means land, buildings, furnishings, equipment, and facilities located or to be located in Gwinnett County and used or useful for exhibiting and housing the visual arts, performing arts, or both, and the educational programs related to such arts to include without being limited to art museums; concert and recital halls; theaters for dramatic, dance, and cinematic presentations; and all related facilities. Section 2 . (a) There is created a body corporate and politic to be known as the Gwinnett County Arts Facility Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and, by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The purpose of the authority shall be for the development and promotion in Gwinnett County and in this state of

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projects to enhance the visual and performing arts in Gwinnett County and in this state with the use of a minimum of public funds. In carrying out that purpose, the authority shall solicit assistance from persons and organizations interested in supporting, financially and in other ways, the projects of the authority. Section 3 . (a) The authority shall consist of five members who shall be appointed by the governing authority of Gwinnett County, Georgia. At least three of the members shall have a recognized interest in the arts. No elected or appointed official of any government or government agency shall be eligible to serve on said authority. The initial members shall be appointed for the following terms: one member for a term of two years; two members for terms of three years each; and two members for terms of four years each. Thereafter, all appointments shall be for terms of four years, except that the appointment of any person to fill any unexpired term at any time shall be only for the remainder of such term. However, in no event shall a member serve for more than eight consecutive years. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect from its members a chairman and a vice chairman. The officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified. (c) Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, but, in every instance, the affirmative vote of at least three members of the authority shall be required to authorize any legal act of the authority. (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 in attending any meeting of the authority, which reimbursement shall be at the same rate as that provided to members of boards and commissions under Code Section 45-7-21 of the O.C.G.A. The authority shall make rules and regulations for its own government but may not employ professional staff or technical supervisors, assistants, or experts, or any other agents and employees, temporary or permanent. The authority

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shall also establish the policies, rules, and regulations for the operations of its projects 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, undertakings, income, receipts of every nature, and expenditures of every kind. The financial books and records of the authority shall be audited annually by the same auditor employed to audit the books and records of the Gwinnett County government. Said audit shall be paid for by the authority, and copies shall be furnished to the Board of Commissioners of Gwinnett County. Said audit shall be a public record. (e) The authority shall not meet more than four times each year and shall not meet outside Gwinnett County. Section 4 . The authority shall have the power to: (1) Adopt and alter a corporate seal; (2) Construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects; (3) Acquire in its own name by purchase, lease, or otherwise from Gwinnett County, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, and personal property necessary or convenient for its corporate purposes and use, lease, and dispose of such property, rights, and easements in any manner it deems to be to the best advantage of the authority and the purposes thereof; (4) Contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons or corporations, including but not limited to the Gwinnett Council for the Arts, Inc., in such manner as necessary or convenient to accomplish the purposes of this Act, including but not limited to contracts for constructing and leasing, as lessor or as lessee, acquiring, equipping, altering, repairing, maintaining, adding to, extending, improving, operating, and managing projects;

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(5) Exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (6) Make contracts and execute all instruments necessary or convenient in connection therewith; and (7) Adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business. Section 5 . The authority shall not have the power of imminent domain. The authority shall not have the power to issue revenue bonds or certificates of participation. The authority shall not have the power to incur any indebtedness in or for the purpose of the acquisition of real or personal property. Section 6 . Because the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any project of the authority or upon any income received by the authority. Said property, project, and income are exempt from levy and sale, garnishment, and attachment. Section 7 . Any action brought against the authority shall be brought in the Superior Court of Gwinnett County and such court shall have exclusive jurisdiction of such action. Section 8 . The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental

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and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 9 . This Act, being for the welfare of Gwinnett County and its inhabitants, shall be liberally construed to effect the purposes of this Act. Section 10 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a Notary Public, within and for said county and state, David Randolph Still, Associate Publisher of the Gwinnett Home Weekly, a newspaper published at Lawrenceville, Gwinnett County, State of Georgia, who being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation: To provide for the Qwinnett County Arts Facility Authority a copy of which is attached hereto, was published in said newspaper on the following date(s): February 7, 1991 BRUCE R. STILL, PUBLISHER By David R. Still, s/David R. Still Associate Publisher, Agent Sworn to and subscribed before me this 7th day of Feb. 1991 Notary Public s/Glynn M. Martin MY COMMISSION EXPIRES NOVEMBER 8, 1993 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for the Gwinnett County Arts Facility Authority; and for other purposes. This 7th day of February, 1991.

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-s-R. T. Phillips Senator, 9th District f-5020127, 2/7 Approved April 4, 1991. CITY OF MARIETTACORPORATE LIMITS. No. 31 (House Bill No. 1019). 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 adding at the end of Section 1.4 of said Act a new subsection (k) to read as follows: (k) The corporate limits of the city shall further include the following tract or parcel of land: All that tract or parcel of land lying and being in Land Lot 868, 17th District, 2nd Section, being Powers Ferry Road, Cobb County, Georgia containing approximately.54 acres, more or less and being owned by Richard Stewart Aiken. The exact legal description to wit; IPF S4105'20E for a distance of 39.52' to an iron pin, thence S3904'10E in an arc for a distance of 81.99' to an iron pin thence S3845'40 E for a distance of 158.03' to an iron pin thence S7609'00W for a distance of 182.9' to an

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iron pin thence N0013'20E for a distance of 260.42' to the beginning point. Said property is further described by the survey plot dated 10-15-87 attached hereto and made a part hereof by reference as exhibit 1. 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 1991 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Marietta, Georgia, in Cobb County, and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541); as amended; and for other purposes. This 2nd day of December, 1990. /s/ Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District,

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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 7, 1990. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BEN HILL COUNTYBOARD OF EDUCATION; INITIAL MEMBERS; TERMS. No. 33 (House Bill No. 7). AN ACT To amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), so as to correct certain clerical errors relating to the date upon which the initial members take office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the composition and membership of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), is amended by

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striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (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 January 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 January 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. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435); and for other purposes. This 2nd day of January, 1991. Honorable Paul S. Branch, Jr., Representative, 137th District. STATE OF GEORGIA COUNTY OF Ben Hill

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AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, who having been duly sworn, deposes and says on oath that he is Publisher of The Herald-Leader, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Herald-Leader, a local newspaper of general circulation in Ben Hill County, Georgia, on January 2, 1991. This 7th day of January, 1991. /s/ Gerald W. Pryor PUBLISHER Sworn to and subscribed before me this 7 day of January, 1991. /s/ Karen W. Croft Notary Public, Wilcox County, GA My commission expires Oct. 2, 1992 (SEAL) Approved April 4, 1991. LOWNDES COUNTYSTATE COURT; JUDGE; FULL-TIME SERVICE; COMPENSATION. No. 34 (House Bill No. 44). AN ACT To amend an Act creating the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4097), so as to provide that the judge of the state court shall be a full-time judge and may not engage in the private practice of

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law; to change the compensation of such judge and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4097), is amended by striking subsection (a) of Section 6 of said Act and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) The judge of the State Court of Lowndes County shall be a full-time judge within the meaning of Article 2 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated and shall not engage in the private practice of law. (2) The judge of the State Court of Lowndes County shall be compensated in an amount which is equal to: (A) The annual compensation now or hereafter paid from state funds to judges of the superior courts of this state; and (B) One-half of the amount of employee contributions for judges' and spouses' benefits coverage required under the Trial Judges and Solicitors Retirement Fund based on the compensation provided in subparagraph (A) of this paragraph. Section 2 . This Act shall become effective on July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Lowndes County (formerly City Court of Valdosta), approved December 11, 1901 (Ga. Laws 1901, p. 176), as amended; and for other purposes. This 7 day of Jan., 1991. Robert L. Patten GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten, who, on oath, deposes and says that he is Representative from the 149th 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 11, 1991. /s/ Robert L. Patten Representative, 149th District Sworn to and subscribed before me, this 14th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF TYBEE ISLANDMAYOR AND COUNCIL; ELECTIONS; TERMS. No. 35 (House Bill No. 94). AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), 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 councilpersons; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is amended by striking Sections 19 and 20 and inserting in their places new Sections 19 and 20 to read as follows: Section 19. On the Tuesday next following the first Monday in November of 1991, and biennially thereafter, a regular election shall be held in the City of Tybee Island at the city hall or at such other place or places as the city council may designate for the election of a mayor and six councilpersons, who shall have the qualifications specified in this charter to hold such office. Any incumbent mayor or incumbent councilperson who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for office or for office as a member of the city council. Section 20. The mayor and six councilpersons elected in November, 1989, whose terms of office normally expire on the first Monday in December, 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 mayor and six councilpersons shall be elected and shall serve for terms of office of two years and until their successors

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are elected and qualified and shall take office on the first day of January following their election. Section 2 . This Act is enacted pursuant to the authority provided for in 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that at the 1991 General Assembly of the State of Georgia, beginning in January, 1991, the City of Tybee Island will introduce an Act to amend the Charter of said City to provide for the time of regular municipal elections, the taking of office and terms of office of the Mayor and Councilpersons, all pursuant to Code Section 21-3-64, O.C.G.A. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Kingston, who, on oath, deposes and says that he is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County, on the following date: December 20, 1990. /s/ Jack Kingston Representative, 125th District

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Sworn to and subscribed before me, this 11th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. STEPHENS COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTIONS. No. 36 (House Bill No. 127). AN ACT To provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Stephens County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The chief magistrate of the Magistrate Court of Stephens County shall be elected by the qualified voters of Stephens County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. Section 2 . Beginning with the election held in 1992 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election

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immediately preceding the expiration of the term of office of the chief magistate of the magistrate court. Section 3 . Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. Section 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. Section 5 . The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. Section 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. 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 1991 session of the General Assembly of Georgia a bill to provide for non-partisan primaries and nonpartisan elections for the Chief

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Magistrate of Stephens County; to provide for legislative intent; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following date: December 20, 1990. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 15th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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WEBSTER COUNTYBOARD OF COMMISSIONERS; CREATION. No. 37 (House Bill No. 171). AN ACT To create a board of commissioners of Webster County; to provide for the qualifications and election of members of said board; to provide for commissioner districts; to provide for a chairperson of the board; to provide for filling vacancies; to provide for the powers and duties of the board and the chairperson; to provide for the compensation of the chairperson and other members of the board; to provide for other matters relative to the foregoing; to provide for a statement of purpose; to repeal specific Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is created a board of commissioners of Webster County to consist of a chairperson and three other members to be elected as provided in this Act. Each candidate for membership on the board, other than the chairperson, shall be a resident of the commissioner district provided for in subsection (b) of this section which the candidate offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in the elections provided for in this Act. Each candidate for chairperson of the board shall be a resident of Webster County and shall be elected by a majority vote of the qualified voters of the entire county voting in the elections provided for in this Act. (b) For the purpose of electing members of the board of commissioners other than the chairperson, Webster County is divided into three commissioner districts as follows: Commissioner District No. 1 : All that portion of Webster County, Georgia that lies West of a line commencing at the intersection of the Marion County and Webster County lines with the centerline of State Highway No. 41; run thence Southerly along the centerline of State Highway No. 41 to its intersection with County Road No. 127;

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thence run Easterly along the centerline of County Road No. 127 to its intersection with State Highway No. 153; thence proceed Southwesterly along the centerline of Georgia State Highway No. 153 to its intersection with the centerline of Georgia Highway No. 41; thence proceed Southerly along the centerline of Georgia State Highway No. 41 to its intersection with the centerline of County Road No. 124; run thence Northwesterly along the centerline of County Road No. 124 to its intersection with the centerline of County Road No. 128; thence run Southwesterly along the centerline of County Road No. 128 to the run of Bear Creek; thence run Northwesterly along the thread of Bear Creek to its intersection with Little Bear Creek; thence continue Northwesterly along the thread of Little Bear Creek to its intersection with the West line of Webster County; thence run Northerly, Easterly and Southerly along the Webster County line following the meanderings of the same to the place or point of beginning. Commissioner District No. 2 : All that portion of Webster County, Georgia that lies within the following lines: Commence at the point of intersection of State Route No. 41 with the centerline of County Road No. 10 which is the South boundary of the City of Preston; thence run Easterly along the South boundary of the City of Preston to its intersection with the run of Harrell Mill Creek; thence run Southerly along Harrell Mill Creek to its intersection with County Road No. 10; thence run Southeasterly and Southerly along County Road No. 10 and a continuation of the same designated as County Road No. 11 to its intersection with County Road No. 7; thence run Westerly and Southwesterly along County Road No. 7 to its intersection with County Road No. 129; thence run Southerly along County Road No. 129 to its intersection with Bear Creek; thence run Southeasterly along the run of Bear Creek to its intersection with County Road No. 11; thence run Southerly along County Road No. 11 and a continuation of the same designated as County Road No. 21 to its intersection with Corridor Z or Georgia State Route No. 520; thence run Southeasterly along Corridor Z or State Route No. 520 to its intersection with the South line of Webster County, Georgia; thence run Westerly and Northerly along the meanderings of the Webster County line to the intersection of the West line of Webster County, Georgia with the centerline

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of Little Bear Creek; thence run Southeasterly along Little Bear Creek and Bear Creek to its intersection with County Road No. 128; thence run Northeasterly along County Road No. 128 to its intersection with County Road No. 124; thence run Southeasterly along the centerline of County Road No. 124 to its intersection with Georgia State Highway No. 41; thence run Northeasterly and Northerly along the centerline of Georgia State Highway No. 41 to its intersection with County Highway No. 10 to the South limits of the City of Preston, which is the place or point of beginning. Commissioner District No. 3 : All that portion of Webster County, Georgia described by beginning at the intersection of State Highway No. 41 with the South limits of the City of Preston; thence run East along the South line of said city to its intersection with Harrell Mill Creek; thence run South along Harrell Mill Creek to County Road No. 10; thence run South and East along County Road No. 10 and County Road No. 11 to its intersection with County Road No. 7; thence run Westerly along County Road No. 7 to County Road No. 129; thence run South along County Road No. 129 to its intersection with the run of Bear Creek; thence run Southeasterly along the run of Bear Creek to its intersection with the centerline of County Road No. 11; thence run Southerly along the centerline of County Road No. 11 and to its intersection to County Road No. 21; thence continuing along the centerline of County Road No. 21 to its intersection with Corridor Z or State Route No. 520; thence run Southeasterly along Corridor Z or State Route No. 520 to its intersection with the South line of Webster County, Georgia; thence run Easterly, Northerly and Westerly along the Webster County line following the meanderings of the same to its intersection on the North side with State Highway No. 41; thence run Southerly along the centerline of State Highway No. 41 to its intersection with County Road No. 127; thence run Southeasterly along the centerline of County Road No. 127 to its intersection with State Highway No. 153; thence run Southwesterly along the centerline of County Road No. 153 to its intersection with State Highway No. 41; thence run Southerly along the centerline of State Highway No. 41 to its intersection with County Road No. 10, the place or point of beginning.

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Section 2 . (a) The three district commissioners who were elected at the special election held on July 17, 1990, shall serve until January 1, 1993, and until their successors are elected and qualified. Subsequent elections for the commission, including both the district commissioners and the chairperson, shall be held at the regular general election in 1992 and every four years thereafter, and those elected shall take office on the first day of January following their election. (b) The commissioner of Webster County who was elected pursuant to the provisions of an Act creating the office of commissioner of Webster County, approved August 28, 1931 (Ga. L. 1931, p. 597), as amended, shall continue to hold office and shall serve as chairperson of the commission until the board of commissioners elected at the general election in 1992 takes office on January 1, 1993. (c) All members of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 3 . (a) Each person offering as a candidate for membership on the board of commissioners shall have been a resident of Webster County for at least 24 months immediately preceding the date the person is nominated as a candidate for said office. Each person offering as a candidate to represent Commissioner District 1, 2, or 3 shall be a resident of the respective commissioner district at the time of qualifying for nomination as a candidate for said office. A member of the board of commissioners representing Commissioner District 1, 2, or 3 shall remain a resident of the respective commissioner district during a term of office, and a vacancy shall be created if such a member moves from the commissioner district from which elected. (b) Candidates for the office of chairperson of the board of commissioners shall have a high school diploma or its equivalent. Candidates for district positions on the board of commissioners are not required to have a high school diploma; but, in the event that they do not, they must present evidence at the time of qualifying that they are enrolled in a program leading to the award of a degree that is the equivalent of a high school diploma.

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Section 4 . In the event a vacancy occurs in the office of the chairperson or in the office of any other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. If the vacancy is in the membership from Commissioner District 1, 2, or 3, the special election shall be held only in the commissioner district where the vacancy exists. The special election shall be held county wide if the vacancy is in the office of chairperson. Any such special election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, providing for the holding and conducting of special elections. In the event a vacancy occurs in the office of the chairperson or in the office of any other member of the board with six months or less remaining before the expiration of the term of office, the probate judge of Webster County shall appoint a qualified person to fill the vacancy for the unexpired term. Section 5 . The chairperson and other members of the board of commissioners of Webster County shall be commissioned by the Governor and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge and payable to the probate judge and said officer's successors in office, conditioned upon the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon said officer's minutes. Section 6 . The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Webster County on the first Tuesday in each month of the year, but the board of commissioners may hold additional meetings at any time it deems proper, upon the call of the chairperson or upon the written request of two commissioners other than the chairperson. The members of the board of commissioners shall

Page 3564

be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 7 . The chairperson of the board of commissioners shall employ a clerk and such other personnel as the chairperson deems necessary. All such personnel shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. The clerk shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk, before entering on the discharge of the duties of office, shall be required to give bond, which bond shall be in the sum of $5,000.00, payable to the board of commissioners, and take the same oath as required by commissioners for the faithful performance of the clerk's duties. The clerk shall hold the office at the pleasure of the board of commissioners. Section 8 . Three members of the board shall constitute a quorum but no action shall be taken by the board without the concurring vote of at least two members of the board. The chairperson shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as the chairperson may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. The chairperson shall vote only in the event of a tie vote by the other members of the board. Section 9 . (a) The chairperson of the board of commissioners shall be presiding officer at all meetings of the board unless

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the chairperson is absent, in which event one of the other commissioners shall preside at the meeting. The chairperson of the board of commissioners shall be the chief administrative officer of Webster County and shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Webster County and supervise and direct the employees, independent contractors, and prison laborers assigned to the county for road construction or maintenance purposes. The chairperson shall conduct these and all other duties pursuant to the policies, rules, resolutions, and ordinances approved and enacted by the full board. The chairperson shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The chairperson shall be recognized as the official head of Webster County by state, federal, and other authorities for military and ceremonial functions. The chairperson may have such additional powers as the board of commissioners may delegate to the chairperson. The chairperson shall devote full time to the duties of office. (b) The chairperson of the board of commissioners shall receive from the funds of Webster County an annual salary equal to that of the commissioner of Webster County holding office at the time of the special election provided for in subsection (a) of Section 2 of this Act who was elected pursuant to the provisions of an Act creating the office of commissioner of Webster County, approved August 28, 1931 (Ga. L. 1931, p. 597), as amended. Such salary shall be paid in equal monthly installments from the funds of Webster County. (c) The other members of the board of commissioners shall receive a salary of $200.00 each for each meeting of the board actually attended, payable from the funds of Webster County. Section 10 . The board of commissioners of Webster County shall have exclusive jurisdiction and control over the following matters: in controlling all of the property belonging to the county as the board may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have theretofore been authorized or which may hereafter be authorized in the county; in supervising the tax commissioner's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement

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of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; in providing for the promotion of health as granted by law or not inconsistent with law; in levying taxes for county purposes; in examining the tax digest of the county for the correction of errors; in regulating or fixing license fees or taxes as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, including supervising such personnel as superintendents, wardens, guards of convicts, and district road overseers; and in providing an annual budget and in acting on all budgetary matters and budgetary requests. The board of commissioners shall also have and exercise all the powers heretofore vested in the commissioner of Webster County and such other powers as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be necessary for the board of commissioners to carry out effectively its jurisdiction over county matters and county finances. Section 11 . The treasurer of Webster County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairperson of the board of commissioners, provided that this requirement shall not apply to the jury scrip issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution or ordinance prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairperson for the disbursements of county funds. Unless changed by proper resolution or ordinance, only the signature of the chairperson of the board of commissioners shall be required to disburse funds. Section 12 . The board of commissioners shall comply with the budgeting and audit requirements of Chapter 81 of Title 36 of the O.C.G.A. Section 13 . The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct. The county attorney shall be paid such

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salary or compensation as may be fixed by the board. The county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney. Such additional counsel shall be paid such compensation as the board may direct out of the funds of the county. Section 14 . The board of commissioners shall maintain a copy of this Act at the county courthouse in the office of the clerk of the board of commissioners in a conspicuous and visible place for inspection and copying during regular business hours by members of the public. Section 15 . This Act implements an order of the United States District Court for the Middle District of Georgia, Albany-Americus Division, filed in the office of the Deputy Clerk, U.S. District Court, Middle District of Georgia, on March 16, 1990, which order implemented an agreement between plaintiffs, Rev. George Nealy, et al., and defendants, Webster County, Georgia, in settlement of plaintiffs' contention that the former at-large elected single-commissioner form of government of Webster County denies or abridges their right to vote in violation of Section 2 of the Voting Rights Act, 42 U.S.C. Section 1972, and the Constitution of the United States. Section 16 . The following Acts are repealed in their entirety: (1) An Act creating a board of commissioners of Webster County, approved March 30, 1989 (Ga. L. 1989, p. 4805); and (2) An Act creating the office of commissioner of Webster County, approved August 28, 1931 (Ga. L. 1931, p. 597), as amended. Section 17 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create a board of commissioners of Webster County; to provide for other matters relative to the foregoing; and for other purposes. This 7th day of January, 1991. GERALD E. GREEN REPRESENTATIVE, 130, DISTRICT J. HODGE TIMMONS SENATOR, DISTRICT 11 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal which is the official organ of Webster County, on the following date: January 10, 1991. /s/ GERALD E. GREENE Representative, 130th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CITY OF CARLTONMAYOR AND COUNCIL; ELECTIONS; TERMS; VACANCIES. No. 38 (House Bill No. 172). AN ACT To amend an Act incorporating the City of Carlton, Georgia, approved February 18, 1955 (Ga. L. 1955, p. 2360), as amended, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies; to make certain grammatical and stylistic changes; 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 Carlton, Georgia, approved February 18, 1955 (Ga. L. 1955, p. 2360), as amended, is amended by striking Sections 6 and 7 thereof and inserting in their places new Sections 6 and 7 to read as follows: Section 6. The municipal election for mayor and all five councilmen of the City of Carlton shall be held on the Tuesday next following the first Monday in November in 1991, and on such day biennially thereafter. Section 7. The mayor and councilmen of the City of Carlton who are serving in such offices on January 1, 1991, and any person appointed to fill a vacancy in office of a person so serving, shall serve out their remaining terms of office which shall expire on December 31, 1991, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal election in 1991, shall take office the first day of January immediately following that election and serve for terms of office of two years each and until their respective successors are elected and qualified. Thereafter, successors to the mayor or councilmen of the City of Carlton whose terms of office are to expire shall be elected at the municipal election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election and serve for terms of office of two years each and until their respective successors are elected and

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qualified. At the first regular meeting of the mayor and council, after their election, they shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Carlton for the ensuing term and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings, as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor or any one or more of the offices of councilman shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in the case of vacancies in the council and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term and until a successor is elected and qualified. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1991 session of the General Assembly of Georgia, a bill to amend an ACT creating a new Charter for the City of Carlton, approved February 18, 1955, (Ga. L. 1955, pp. 2360), as amended; and for other purposes. This 12th day of December, 1990.

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF MADISON Before me, the undersigned, a Notary Public, this day personally came Jere Ayers who, being first duly sworn, according to law, says that he is the publisher of THE COMER NEWS, a newspaper of general circulation, with its principal place of business in said County and that the Advertisement: Notice of Intention to Introduce Local Legislation was published in the said paper Thursday, December 13, 1990. /s/ Jere Ayers Subscribed and sworn to before me this 14th day of December, 1990 /s/ Virginia O'Kelley Notary Public (SEAL) Approved April 4, 1991. CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITYMEMBERS; QUORUM; QUALIFICATIONS; TECHNICAL ADVISORY COMMITTEE. No. 39 (House Bill No. 236). AN ACT To amend an Act creating the Chatham-Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L. 1988, p. 3743), so as to provide for additional members of the authority; to provide for the appointment and terms of such members; to revise provisions relative to a quorum of the authority; to revise provisions concerning residency requirements of members; to provide for

Page 3572

terms of office of members appointed by virtue of the positions they hold; to provide for the appointment of a technical advisory committee and its duties; to provide for additional meetings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Chatham-Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L. 1988, p. 3743), is amended by striking subsections (a) through (c) of Section 5 in their entirety and inserting in their respective places new subsections (a) through (c) to read as follows: (a) The authority shall be composed of 23 members as follows: (1) Four members appointed by the Board of Public Education for the City of Savannah and the County of Chatham; (2) Four members appointed by the Board of Commissioners of Chatham County; (3) Four members appointed by the Mayor and Board of Aldermen of the City of Savannah; (4) One member appointed by the State School Superintendent; (5) One member appointed by the Commissioner of Labor; (6) One member appointed by the commissioner of human resources; (7) Four members to be appointed by a majority of the members described in paragraph (1) through (6) of this subsection, which members shall include, but shall not be limited to, representatives from public and private agencies and businesses;

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(8) Two members to be appointed by a majority of the members of the Georgia House of Representatives who represent portions of Chatham County; and (9) Two members to be appointed by a majority of the members of the Georgia Senate who represent portions of Chatham County. (b) (1) Two members appointed under each of paragraphs (1) through (3) of subsection (a) of this section shall be appointed for initial terms of two years and two members appointed under each of such paragraphs shall be appointed for initial terms of four years. Successors to all such members and future successors shall be appointed for terms of four years. The member appointed under paragraph (4) of subsection (a) of this section shall be appointed for an initial term of four years and the successor and future successors to such member shall also be appointed for terms of four years. The two members appointed under paragraphs (5) and (6) of subsection (a) of this section shall be appointed for initial terms of two years and their successors and future successors shall be appointed for terms of four years. The initial members appointed to paragraph (7) of subsection (a) of this section shall be appointed for terms of two years. Successors to the initial members appointed pursuant to paragraph (7) of subsection (a) of this section and future successors shall be appointed for terms of four years. The initial members appointed pursuant to paragraphs (8) and (9) of subsection (a) of this section shall be appointed for terms of four years and successors to such members and future successors shall be appointed for terms of four years. Any vacancy occurring on the authority for any reason shall be filled for the unexpired term by the original appointing body. All members of the authority shall serve until their successors are appointed and qualified. (2) Notwithstanding any other provision of paragraph (1) of this subsection to the contrary, in the event an appointing authority includes in the number of persons it is authorized to appoint persons so appointed by virtue of the positions they hold, the appointing authority may limit the

Page 3574

terms of such ex officio members to their terms of office in such positions. (c) Each member of the authority appointed pursuant to paragraphs (1) through (3) and paragraphs (7) through (9) of subsection (a) of this section shall be a resident of Chatham County at the time of appointment and while holding office as a member of the authority. The members of the authority appointed pursuant to paragraphs (4) through (6) of subsection (a) of this section shall not be required to be residents of Chatham County. The appointing bodies under paragraphs (1) through (3) of subsection (a) of this section may invite business, civic, educational, and charitable organizations and institutions to suggest the names of persons as nominees for appointment to the authority, but such appointing bodies shall not be required to make appointments from such nominees. Section 2 . Said Act is further amended by striking subsection (b) of Section 6 in its entirety and inserting in its place a new subsection (b) to read as follows: (b) Fourteen members of the authority shall constitute a quorum for the transaction of business. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum. An abstention in voting shall be considered as that member's voting in the negative on the matter before the authority. Section 3 . Said Act is further amended by adding at the end of Section 6 new subsections (e) and (f) to read as follows: (e) The authority shall create and appoint a technical advisory committee consisting of persons with training and experience in problems of youth; in development or management of programs, policies, or services for youth; in evaluating youth services and programs; or in federal or state financial aid for youth programs. The duties of the technical advisory committee shall be to advise the authority on services and program strategies to deal effectively with the problems of youth in the Chatham County-Savannah area in order to achieve the objectives described in paragraph (1) of subsection (a) of Section 2 of this Act.

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(f) The authority shall hold a meeting with the members of the General Assembly who represent portions of Chatham County at least once during each calendar year. Section 4 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication [UNK] Savannah Morning News Savannah Evening Press Personally appeared before me, Van Wilkerson, to me known, who being sworn, deposes and says: That he is the Classified Adv. Mgr. of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 7, 1991, 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Chatham-Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L. 1988, p. 3743); and for other purposes. This 2nd day of January, 1991. DeWayne Hamilton

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appeared in each of said editions. /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 9 day of January, 1991. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 Approved April 4, 1991. CITY OF ACWORTHSPECIAL ELECTIONS FOR APPROVAL OF EXPENDITURE OF PROCEEDS FROM SALE OF WATER AND SEWER SYSTEM. No. 40 (House Bill No. 237). 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), as amended, so as to provide for special elections to approve or reject certain expenditures; 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 Acworth, approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, is amended by adding after Section 6.29 a new section to read as follows: Section 6.30. (a) If the mayor and board of aldermen of the City of Acworth determine to spend any of the $3 million which was received by the city from the sale of its water and

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sewer system to Cobb County at a closing held March 30, 1987, and if said mayor and board determine such expenditure of any such principal amount should be approved in a special election by the qualified voters of the city, the provisions of this section shall be complied with. The mayor and board of aldermen at a regularly scheduled meeting shall adopt a resolution which calls for the expenditure of a specified sum of that principal amount, which specifies the purpose or purposes for which such expenditure is to be made, and which requests that a special election be called for the purpose of submitting the question of such expenditure to the qualified voters of the city for approval or rejection. A copy of that resolution shall be transmitted to the election superintendent of the city. (b) Within 15 days after receiving the resolution pursuant to subsection (a) of this section, the election superintendent of the city shall issue the call for a special election to approve or reject the proposed expenditure. That election shall be held no sooner than 30 and no later than 60 days after the call and shall be held on a Tuesday between the hours of 7:00 A.M. and 7:00 P.M. at the regular polling places for the city. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of Cobb County and otherwise comply with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' The ballot shall have written or printed thereon the words (and the blanks shall be filled in to accord with the resolution of the mayor and board of aldermen of Acworth): `() YES () NO Shall the proposed expenditure from the sale water and sewer systems by City of Acworth of $for the purpose ofbe approved?' All persons desiring to vote for approval of the said proposed expenditure shall vote `Yes' and those persons desiring to vote for rejection of said sproposed expenditure shall vote `No.' If more than one-half of the votes cast on such question are for approval of the said proposed expenditures, the mayor and board of aldermen of Acworth may expend said amount for said purposes. If the said proposed expenditure is not so approved,

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the mayor and board of aldermen of Acworth shall not be authorized to make such expenditure, but shall be authorized to submit such proposed expenditure for referendum approval or rejection after at least 24 months have expired since the last election rejecting such proposed expenditure. (c) The expense of such election shall be borne by the City of Acworth. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. 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 1991 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Acworth, Ga., and provide for related materials; to repeal the existing charter; and for other purposes. This 2nd day of December, 1990. /s/ Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY

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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 7, 1990. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DECATUR COUNTYTAX COMMISSIONER; COMPENSATION. No. 41 (House Bill No. 294). AN ACT To amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, approved August 14, 1931 (Ga. L. 1931, p. 450), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4092), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3452), so as to change the compensation of the Tax Commissioner; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, approved August 14, 1931 (Ga. L. 1931, p. 450), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4092), and an Act approved April 17, 1975 (Ga. L. 1975, p. 3452), is amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. The compensation of the County Tax Commissioner of Decatur County shall be $25,313.00 annually, payable monthly out of the general funds of the county. The County Commissioners of Decatur County shall be required to furnish said Tax Commissioner a suitable office, equipment, and stationery. The County Commissioners shall also provide the Tax Commissioner with adequate clerical and stenographic help to enable him to perform the duties of his office. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a bill to amend an act creating the office of Tax Commissioner of Decatur County and providing compensation thereof, (Georgia Laws 1931, P. 450), as amended, so as to provide for an increase in compensation to be paid to the Tax Commissioner of Decatur County, to repeal conflicting laws, and for other purposes. This 2nd of January, 1991. Kermit F. Bates, Jr. Representative, 141st District GEORGIA, FULTON COUNTY

Page 3581

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 Post-Searchlight which is the official organ of Decatur County, on the following date: January 5, 1991. /s/ Kermit F. Bates, Jr. Representative, 141st District Sworn to and subscribed before me, this 17th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF FAIRBURNHOMESTEAD EXEMPTION; REFERENDUM. No. 42 (House Bill No. 316). AN ACT To provide a homestead exemption in the amount of $10,000.00 of the assessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to specify the terms and conditions of the exemption and the

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procedures relating thereto; to provide for applicability; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Each resident of the City of Fairburn who is 65 years of age or over or disabled is granted an exemption from all City of Fairburn ad valorem taxes for any city purposes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act, as that amount is established from time to time. (b) As used in subsection (a) of this section, the term adjusted gross income shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection, the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (c) The value of the residence in excess of the above-exempted amount shall remain subject to taxation. (d) The homestead exemption provided for in this act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness. (e) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically

Page 3583

incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (f) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax collector of the City of Fairburn giving the person's age, or if disabled, the certificate or certificates required by subsection (e) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax collector to make a determination as to whether such owner is entitled to such exemption. The tax collector shall provide sufficient forms for this purpose. (g) The exemption granted by this section shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. (h) After a person has filed the proper affidavit and certificate or certificates, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax collector in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (i) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Fairburn ad valorem taxes. (j) The homestead exemption granted by this section shall apply to all taxable years beginning After December 31, 1990. (k) The exemption granted by this section shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. 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 the City of Fairburn shall call and conduct an election for

Page 3584

the purpose of submitting this Act to the electors of the City of Fairburn 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption of $10,000.00 from all City of Fairburn ad valorem taxes, but not ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of Fairburn who is 65 years of age or over or who is disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the federal Social Security Act? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Section 1 of this Act, then Section 1 of this Act shall become of full force and effect immediately; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Fairburn. 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.

Page 3585

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to provide for the City of Fairburn a homestead exemption in the amount of $10,000.00 for persons over 65 years of age and persons who are disabled whose household income does not exceed the maximum Social Security benefit, providing for all related matters, repealing conflicting laws, and for other purposes. This 15th day of January, 1991. HELEN SELMAN Representative of 32nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen Selman, who, on oath, deposes and says that she is Representative from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 18, 1991. /s/ Helen Selman Representative, 32nd District Sworn to and subscribed before me, this 24th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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NEWTON COUNTYBOARD OF EDUCATION; MEMBERS; CHAIRMAN; COMPENSATION. No. 43 (House Bill No. 327). AN ACT To amend an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4744), so as to change the provisions relative to the compensation of the members and the chairman of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4744), is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. The board shall elect one of their members as chairman to serve for a term established by resolution duly adopted by the board. The board may provide by resolution for such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $600.00 per month, and the chairman shall be compensated in the amount of $600.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an

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Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended; and for other purposes. This 16th day of January, 1991. 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: January 24, 1991. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3588

SUMTER COUNTYTREASURER; ELECTED OFFICE ABOLISHED. No. 44 (House Bill No. 355). AN ACT To abolish the elected office of treasurer of Sumter County; to authorize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The elected office of treasurer of Sumter County shall be abolished on January 1, 1993. No election shall be held for the office of treasurer of Sumter County in 1992. Section 2 . The Board of Commissioners of Sumter County is authorized to designate an employee of the county or some other person or entity to perform the duties of treasurer when such office is abolished pursuant to Section 1 of this Act. Such employee or other person or entity shall receive all funds heretofore received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers and shall perform such other duties as are required by the Board of Commissioners of Sumter County. The person or entity designated to carry out such duties shall serve at the pleasure of the Board of Commissioners of Sumter County. Section 3 . Section 2 of this Act shall become effective on January 1, 1993. The remaining provisions of this Act shall become effective immediately upon approval of this Act 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the unanimous request of the Board of Commissioners of Sumter County, notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to abolish the office of Treasurer of Sumter County; to authorize the Board of Commissioners of Sumter County to designate an employee of the county or some other person to perform the duties of treasurer and prescribe the powers and duties of such person; to provide effective dates; to repeal conflicting laws; and for other purposes. The 24th day of January, 1991. Jimmy Skipper State Representative District 116, Sumter County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following date: January 25, 1991. /s/ Jimmy Skipper Representative, 116th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3590

CATOOSA COUNTYPROBATE COURT; PART-TIME CLERICAL ASSISTANCE. No. 45 (House Bill No. 356). AN ACT To amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to authorize the judge of the probate court to employ part-time clerical assistance; to provide for the compensation thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, is amended by adding, following Section 3 of said Act, a new Section 3.1 to read as follows: Section 3.1. In addition to the clerical help authorized under Section 3 of this Act, the judge of the probate court is authorized to employ part-time clerical assistance. The maximum allowance to be paid for part-time clerical assistance shall be $6,000.00 per annum. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be requested local legislation to increase the clerical allowance, and for other purposes, in the

Page 3591

office of the probate court at the January 1991 session of the General Assembly of the State of Georgia. This the 11th day of January 1991. SAM T. DILLS, PROBATE JUDGE CATOOSA COUNTY, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following date: January 16, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 25th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 3592

SUMTER COUNTYCOMMUNITY IMPROVEMENT DISTRICTS. No. 46 (House Bill No. 359). AN ACT To provide for the creation of one or more community improvement districts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the districts and the manner of levying taxes, fees, and assessments with respect thereto; to provide standards concerning conflicts of interest; to provide for debt of said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for the form of bonds and the definition of the terms cost of project and cost of any project as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally and use of proceeds of the sale of bonds, notes, etc., and the subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the districts' notes or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with the foregoing; to provide for termination; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title . This Act shall be known as the Sumter County Project Financing Community Improvement Districts Act. Section 2 . Purpose . The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Sumter County and each municipality therein, and such districts shall be created for the provision of such of the following

Page 3593

governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act or any supplemental resolution amending the same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions . As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district authorized in this Act. (3) Bonds or general obligation bonds means any bonds of a 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 a district.

Page 3594

(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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses

Page 3595

incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district

Page 3596

is or is to be located or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (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 (A) the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Sumter County Board of Tax Assessors, or (B) such other method as specified in the project specifications. (7) Forestry 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) Hereby, herein, hereinunder, and herewith means under this Act. (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 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 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, which project is a project described in the project specifications for the district.

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(10) Project specifications means a description of the project or projects to be undertaken by the district. The project specifications must include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following: (A) the maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) the maximum period of time during which such taxes, fees, and assessments may be levied; and (C) a method for the equitable apportionment of such taxes, fees, and assessments. (11) 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 Sumter County within the district as certified by the Sumter 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. (12) Property used nonresidentially means property used for neighborhood shopping, shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (13) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. Section 4 . Creation; project specifications; conflicts of interest . (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Sumter County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a

Page 3598

board as hereinafter constituted. The conditions for such activation shall be: (1) The delivery of a petition by any taxpayer, containing the project specifications for the proposed district, to the Board of Commissioners of Sumter County and, if applicable, the governing authority of any municipality in which any part of the proposed district is to be located; (2) The adoption of a resolution consenting to the creation of each community improvement district (which resolution shall state that the district is created under the Sumter County Project Financing Community Improvement Districts Act) and to the project specifications by: (A) The Board of Commissioners of Sumter County if the district is located wholly within the unincorporated area of Sumter County; or (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality and wholly within Sumter County; or (C) The governing authorities of Sumter County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Sumter County and partially within the incorporated area of any municipality within Sumter County; (3) Written consent to the creation of the community improvement district and the project specifications by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community

Page 3599

improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (4) If the proposed community improvement district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the governing board of the newly created district and the governing board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. The written consents and cooperative agreement, if required, provided for above shall be submitted to the Sumter County tax commissioner who shall certify whether subparagraphs (A), (B), and (C) of paragraph (2) of this subsection, as applicable, have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. (b) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holder's written consent, by the adoption, certification, and filing of consents as described in paragraph (3) of subsection (a) of this section. Section 5 . Administration and appointment of board members . (a) Each district created pursuant to this Act which at the time of its creation or thereafter lies wholly within unincorporated Sumter County shall be administered by a five-member board appointed by the Board of Commissioners of Sumter County; provided, however, that so long as at least one member of the Americus-Sumter Payroll Development Authority, created pursuant to the provisions of an amendment to the Constitution of the State of Georgia contained in Ga. L. 1962, p. 933 and continued in Ga. L. 1987, pp. 3550, 5506, shall be appointed by the Board of Commissioners

Page 3600

of Sumter County, the members of the board of each community improvement district created under this Act shall be the same as and shall serve terms co-extensive with the board of directors, as now or hereafter constituted, of the Americus-Sumter Payroll Development Authority. (b) Each district created pursuant to this Act which at the time of its creation or thereafter lies wholly within an incorporated area in Sumter County or partially within unincorporated Sumter County and partially in an incorporated area of Sumter County shall be administered by a six-person board of which five members are appointed by the Board of Commissioners of Sumter County and one member is appointed by the governing body of each municipality within which the community improvement district wholly or partially lies; provided, however, so long as at least one member of the Americus-Sumter Payroll Development Authority is appointed by the Board of Commissioners of Sumter County, the five members of the board of each community improvement district to be appointed by the Board of Commissioners of Sumter County shall be the same as and shall serve terms co-extensive with the board of directors, as now or hereafter constituted, of the Americus-Sumter Payroll Development Authority; provided, further, that in the case of a district which lies wholly or in part within the City of Americus, that so long as at least one member of the Americus-Sumter Payroll Development Authority is appointed by the mayor and council of the City of Americus then such district shall be governed by a five-person board who shall be the same as and serve terms co-extensive with the members of the Americus-Sumter Payroll Development Authority. The board member or members appointed by each municipality within which the community improvement district wholly or partially lies shall serve at the pleasure of the governing body which appointed such member. 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 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 assessed value of all such real property; provided, further, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated

Page 3601

in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. 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 the projects which are specially required by the degree of development and described in the project specifications and not for the purpose of providing those governmental services and facilities provided to Sumter County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Sumter County if the district lies wholly or partly within the unincorporated area of Sumter County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Sumter County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Sumter County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied shall be transmitted by Sumter County or the municipality which collect same to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and June 1 each calendar year and notify in writing the collecting governing bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extent 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 . (a) The boundaries of each district shall be as designated as such by the Board of Commissioners of Sumter County if wholly within the unincorporated area of Sumter County and such municipalities within which the district may be partially located if partially within the unicorporated

Page 3602

area of Sumter County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated are thereof, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (2) The adoption of a resolution consenting to the annexation by the board of the district; and (3) The adoption of a resolution consenting to the annexation by the governing authorities of Sumter County, if any portion of the district is or is to be in the unincorporated area of Sumter County, and such municipalities as may have area within the district before or after the annexation. Section 8 . Debt . Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed

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by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, Sumter County, or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments . The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Sumter County and any municipalities within which the district is partially located. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of Sumter County or any such municipality to provide services or facilities within the district; and Sumter County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any 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 municipality or Sumter County. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Powers . (a) Each district and its board created pursuant to this Act shall have all 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, contracts for sale of projects, agreements for loans to

Page 3604

finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance 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;

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(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, or such longer period as may be authorized by law, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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) Whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued;

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(12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) 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 in the best advantage of the district and the public purposes thereof; (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 Sumter County and any municipal corporations in which the district is wholly or partially located; (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) 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; (19) 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

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(20) To do all things necessary or convenient to carry out the powers conferred in this Act. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 11 . Bonds-Generally . (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged (subject to the power of the district to tax only in accordance with any limitations established by the project specifications). (b) All bonds, notes, and other obligations of any district shall be authorized by a resolution of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and

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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 these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Sumter County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting

Page 3609

therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed herein whenever those terms are referred to in bond resolution of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. Section 12 . Authorized Contents of Agreements and Instruments of the Board Generally; Use of Proceeds of Sale of Bonds, Notes, etc.; Subsequent Issues of Bonds, Notes, etc. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a 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 with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; Applicability of Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as 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 Official Code of Georgia Annotated,

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known as 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 . Termination . So long as a district has no debt outstanding the board of a district may terminate and dissolve the district as of a certain date; and on such date all property, rights, and obligations of the district shall devolve to Sumter County, unless the district shall lie wholly within an incorporated area, in which case the property rights and obligations of the district shall devolve to the municipality in which the district shall lie. Section 15 . Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16 . Repealer . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the unanimous request of the Board of Commissioners of Sumter County and the mayor and city council of the City of Americus, notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Sumter County and in each municipality therein; and for other purposes. This 24th day of January, 1991. Jimmy Skipper State Representative District 116 Sumter County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who, on oath,

Page 3611

deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following date: January 25, 1991. /s/ Jimmy Skipper Representative, 116th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CUMMING-FORSYTH COUNTY UNIFICATION COMMISSIONCREATION. No. 47 (House Bill No. 361). AN ACT To create the Cumming-Forsyth County Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Cumming and Forsyth County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all

Page 3612

matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County; to provide for the submission of the commission's findings and recommendations to the Forsyth County State Legislative Delegation; to provide for all procedures and matters connected with the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act shall be known and may be cited as the Cumming-Forsyth County Unification Commission Act and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(a) of the Constitution of Georgia. Section 2 . As used in this Act, the term: (1) Cumming or City of Cumming or governing authority of the City of Cumming means the mayor and councilmembers of the City of Cumming. (2) Forsyth County State Legislative Delegation means the elected official representing House District 10 and the elected officials representing Senate Districts 49 and 56 in the General Assembly of Georgia. (3) Governing authority of Forsyth County shall mean the Board of County Commissioners of Forsyth County. (4) Unification commission or commission means the Cumming-Forsyth County Unification Commission provided for in this Act. Section 3 . (a) There is created the Cumming-Forsyth County Unification Commission, which shall consist of 15 members who shall be appointed as follows: (1) Five members to be appointed by the County Commission of Forsyth County, all of whom shall be residents of unincorporated Forsyth County;

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(2) Five members to be appointed by the City Council of Cumming, all of whom shall be residents of the City of Cumming; and (3) Five members to be appointed by the March term of the grand jury of Forsyth County, all of whom shall be appointed without regard to their residency, provided that such members shall meet the eligibility requirements set forth in subsection (b) of this section. (b) To be eligible for appointment as a member of the unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his appointment. (c) If either the mayor and council of the City of Cumming or the Board of Commissioners of Forsyth County fails or refuses to appoint any or all of the members to be appointed by such body within 30 days after the approval of this Act by the Governor or its otherwise becoming law, such members shall be appointed by the grand jury of Forsyth County at its next meeting. (d) If a vacancy should occur on said commission for any reason, the grand jury of Forsyth County shall promptly fill the same. Eight members of the commission shall constitute a quorum for the transaction of business. Section 4 . (a) The unification commission shall hold an organizational meeting within 15 days after the appointment of all members, as provided in Section 3 of this Act. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of said commission. (b) After organization and election of a permanent chairman, the unification commission shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The unification commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary to assist it in studying all matters relating to the governments of the City of

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Cumming and Forsyth County. The unification commission shall not employ any person to assist it in making its studies who holds any public office if the holder of such public office is elected by the people. (c) The members of the unification commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the unification commission. The staff employed by the unification commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Cumming and the governing authority of Forsyth County are authorized to expend public funds in carrying out the provisions of this Act and shall share proportionately the expense thereof, 90 percent by the county and 10 percent by the city. The treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the unification commission. Said governing authorities shall appropriate such funds up to a combined maximum appropriation of $20,000.00 as may be necessary to meet the expenses of the unification commission. All public officials and employees upon request shall furnish the unification commission with all documents, books, records, data, information, and assistance necessary or appropriate in the opinion of the unification commission for it to carry out its duties. Section 5 . The General Assembly delegates its power to the unification commission, and the unification commission is authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County. Section 6 . During the course of its studies, the unification commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Cumming and Forsyth County regarding the work of the unification commission. The unification commission shall cause the date, time, and place of such hearings to be advertised in the official organ of Forsyth County at least twice during the week immediately preceding the week during which said public hearings are

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held. The unification commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section. Section 7 . After conducting its study of the governments of the City of Cumming and Forsyth County, the unification commission shall prepare and submit on or before October 31, 1991, a written report of its findings, conclusions, and recommendations, specifically including whether it is in the best interests of the citizens and governments of the City of Cumming and Forsyth County that there be enacted by the General Assembly local legislation to create a single unified county-wide government to succeed and replace the existing governments of the City of Cumming and Forsyth County. The City of Cumming, the County of Forsyth, or both, are authorized but not required to hold a referendum pursuant to Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia. 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 1991 session of the General Assembly of Georgia a bill to create the Cumming-Forsyth County Unification Commission; and for other purposes. This 10th day of January, 1991. Bill Barnett Honorable Bill Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill 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

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Local Legislation was published in the Forum which is the official organ of Forsyth County, on the following date: January 16, 1991. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. MITCHELL COUNTYCOUNTY ADMINISTRATOR. No. 48 (House Bill No. 362). AN ACT To provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to provide for the powers, duties, and responsibilities of the administrator; to provide for an acting county administrator; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the office of county administrator of Mitchell, County, Georgia. Section 2 . The county administrator shall be appointed by majority vote of the Board of Commissioners of Mitchell County. No member of the board of commissioners shall be

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appointed county administrator during the term of office for which he was elected or for a period of one year thereafter. Section 3 . The county administrator shall be chosen by the board of commissioners solely upon the basis of his executive and administrative qualifications with special emphasis on his educational background and experience in public administration or closely related fields. Section 4 . The county administrator shall serve at the pleasure of the board of commissioners and the terms and conditions of his employment and the compensation he shall receive shall be as agreed upon by the board of commissioners and contained in his contract of employment. Section 5 . The county administrator shall be the chief administrative officer of Mitchell County and shall work under the general direction of and shall be directly responsible to the board of commissioners for the proper management and efficient operation of all affairs of Mitchell County except as otherwise provided by law. It shall be the duty of the county administrator: (1) To prepare and submit to the board of commissioners the proposed annual budget; (2) To provide the board of commissioners with a monthly financial statement regarding the operation of all phases of the Mitchell County government; (3) To continuously assess the projected expenses and revenue during the course of the year and advise the board of commissioners of any deficits or surpluses that were not anticipated at the time the budget was prepared; (4) To serve as chief purchasing agent for the county through whom all purchases, supplies, and contracts shall be made; and to sign all vouchers for payment of same under such rules, regulations, and limitations as the board of commissioners may adopt, including a limitation on the amount of any obligation which the county administrator may incur without prior approval of the board of commissioners;

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(5) to develop and maintain detailed personnel records on all county employees and, in addition to developing and maintaining individual files, to: (A) Prepare for the board's consideration, review, and adoption a set of personnel rules and regulations which provide, inter alia, rules for hiring, termination, grievances, vacations, sick leave, and other matters; (B) Prepare for the board's consideration, review, and adoption a systematic pay plan which shall include full job descriptions for every employee and shall establish a range of pay for each type of job; and (C) Hire, suspend, discharge, transfer, or remove all employees of the county under the jurisdiction of the board of commissioners except the county attorney; provided, however, that before taking such action, the county administrator will consult with the head of the employee's department and in the case of a department head will consult with the board of commissioners, who shall have final authority; (6) To exercise control over all departments or divisions of the county which now exist or that may hereafter be created and to direct and supervise the administration of all county offices and specifically the construction, maintenance, and operation of all county roads, bridges, drains, buildings, and other public works and the care and maintenance of all real and personal property owned by Mitchell County; (7) To inventory, prepare, and maintain an itemized list of all county owned land, buildings, and other real property and machinery, equipment, and all other personal property; (8) To attend all board of commissioners' meetings fully prepared to provide all of the information and facts for the board's decision making process; (9) To confer and advise with all other elected or appointed officials of Mitchell County who are not under

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the immediate control of the board of commissioners but receive financial support from said board; and (10) To perform such other duties as may be required of the county administrator by the board of commissioners. Section 6 . The board of commissioners may designate some qualified person to act as acting county administrator in the absence of the county administrator. While so engaged, the acting county administrator shall have all of the rights, duties, and authority of the county administrator. Section 7 . The county administrator and any acting county administrator shall be required to execute and deliver a good and sufficient bond payable to the Board of Commissioners of Mitchell County and the premium therefor shall be paid by Mitchell County. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1991 Session of the General Assembly of Georgia a bill to establish the office of County Administrator for Mitchell County, Georgia, the duties and responsibilities of the office and the terms and conditions of employment, and for other purposes. This 10th day of January, 1991. A. RICHARD ROYAL REPRESENTATIVE DISTRICT 144 GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 11, 1991. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHATHAM COUNTYBOARD OF ELECTIONS; CHAIRMAN. No. 49 (House Bill No. 377). AN ACT To amend an Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), so as to change the time period during which the chairman is appointed by the members of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), is amended by striking subsection (c) of Section 2 and inserting in its place a new subsection (c) to read as follows: (c) The four members of the board elected as provided in subsection (b) of this section shall appoint a fifth member, who shall be the chairman of the board. The term of office of the chairman shall coincide with the terms of office of the elected members of the board as provided for in subsection (b) of this section. The elected members of the board shall appoint the chairman within 30 days following their taking of office on the first day of January immediately following their election. If, at the end of such 30 day period, such members have not been able to agree upon the appointment of a chairman, the chairman shall be appointed by a committee composed of the senior superior court judge of the Eastern Judicial Circuit, the chairman of the board of county commissioners of Chatham County, the judges of the State Court of Chatham County, the foreman of the grand jury of Chatham County, and the chairman of the grand jury conference committee of Chatham County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Affidavit of Publication [UNK] Savannah Morning News [UNK] Savannah Evening Press STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Van Wilkerson, to me known, who being sworn, deposes and says: That he is the Classified Adv Mgr of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto;

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That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 16, 1991, 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Elections of Chatham County, approved March 29, 1984, (Ga. L. 1984, p. 5197); to repeal conflicting laws; and for other purposes. This 11th day of January, 1991. Anne Mueller, Honorable Anne Mueller Representative, 126th District appeared in each of said editions. /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 16 day of January, 1991. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 (SEAL) Approved April 4, 1991.

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TROUP COUNTYBOARD OF ELECTIONS AND REGISTRATION ABOLISHED. No. 50 (House Bill No. 378). AN ACT To repeal an Act creating a board of elections and registration in Troup County, approved March 31, 1987 (Ga. L. 1987, p. 5217); to provide for the performance of certain duties until the appointment of county registrars; to provide for the assumption of certain duties by the election superintendent of Troup 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 entitled To create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairman, other officers, clerical assistants, and other employees; to provide for meetings and procedures of the board; to provide for compensation for the members and employees of said board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes., approved March 31, 1987 (Ga. L. 1987, p. 5217), is repealed in its entirety. Section 2 . Upon the effective date of this Act, the election superintendent of Troup County shall assume all powers and duties relating to the conduct of elections and primaries as provided by law. Section 3 . After the effective date of this Act, county registrars shall be appointed for Troup County as provided in Code Section 21-2-211 of the O.C.G.A., and such registrars shall assume all powers and duties relating to the registration of voters and

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absentee balloting procedures as provided by law. The board of elections and registration of Troup County shall continue to perform such functions until the appointment and qualification of the county registrars. Section 4 . This Act shall become effective on May 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 1991 session of the General Assembly of Georgia a bill to repeal an Act creating a board of elections and registration in Troup County, approved March 31, 1987 (Ga. L. 1987, p. 5217); to provide for the performance of certain duties until the appointment of a board of registrars; to provide for the assumption of certain duties by the election superintendent of Troup County; to provide an effective date; and for other purposes. This 11th day of Jan, 1991. Honorable Wade Milam Representative, 81st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wade Milam, who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following date: January 12, 1991. /s/ Wade Milam Representative, 81st District

Page 3625

Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF HOLLY SPRINGSMAYOR AND COUNCIL; ELECTIONS; TERMS. No. 51 (House Bill No. 386). AN ACT To amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), 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 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 Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, is amended by striking Section 5.02 and inserting in its place a new Section 5.02 to read as follows: Section 5.02. (a) The two councilmembers elected in December, 1989, whose terms normally expire on December 31, 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, the successors to such two councilmembers shall be elected and shall serve for

Page 3626

terms of office of one year and until their successors are elected and qualified and shall take office on the first day of January following their election. On the Tuesday next following the first Monday in November of 1992, and biennially thereafter, the successors to such two 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 mayor and three councilmembers elected in December, 1990, whose terms normally expire on December 31, 1993, shall remain in office until December 31, 1993, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1993, 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. Section 2 . This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended; and for other purposes. This 18th day of Jan. 1991. /s/ Steve Stancil Honorable Steve Stancil Representative, 8th District GEORGIA, FULTON COUNTY

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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 23, 1991. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHEROKEE COUNTYBOARD OF EDUCATION; MEMBERS; VACANCIES; RESIDENCY; REFERENDUM. No. 52 (House Bill No. 388). AN ACT To amend an Act providing for the membership of the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), so as to provide that a vacancy shall immediately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent; to provide for applicability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the membership of the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), is amended by adding at the end of Section 2 of said Act a new subsection (d) to read as follows: (d) On and after January 1, 1993, a vacancy shall immediately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1992, 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 Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which on and after January 1, 1993, creates a vacancy in the office of any member of the Cherokee County Board of Education who moves his or her residence out of the education district such member was elected to represent? 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, 1993. 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

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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 . 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the membership of the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602); and for other purposes. This 18th day of Jan. 1991. /s/ Steve Stancil Honorable Steve Stancil Representative, 8th District 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 23, 1991. /s/ Steve Stancil Representative, 8th District

Page 3630

Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. MITCHELL COUNTY HOSPITAL AUTHORITYNUMBER OF MEMBERS; VACANCIES. No. 53 (House Bill No. 395). AN ACT To provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said 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 . Within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority. Section 2 . Any resolutions of the Board of Commissioners of Mitchell County or the Mitchell County Hospital Authority which are in conflict with the provisions of this Act are superseded

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pursuant to the authority of subsection (c) of Code Section 31-7-72 of the Official Code of Georgia Annotated. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1991 Session of the General Assembly of Georgia a bill to authorize the Board of commissioners of Mitchell County to establish and change from time to time the number of members on the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to membership of the Authority, and for other purposes. This 10th day of January, 1991. A. RICHARD ROYAL REPRESENTATIVE DISTRICT 144 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 11, 1991. /s/ A. Richard Royal Representative, 144th District

Page 3632

Sworn to and subscribed before me, this 23rd day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. JACKSON COUNTYBOARD OF COMMISSIONERS; VACANCIES. No. 54 (House Bill No. 397). AN ACT To amend an Act to create a board of county commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), so as to provide that vacancies on the board of commissioners shall be filled as provided by general law; to provide 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 board of county commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), is amended by striking the last sentence of Section 1, which reads as follows: Any vacancy occurring in said board shall be filled by the grand jury at either term of the superior court of said county, and said appointees shall serve until the succeeding regular election for county officers.,

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and inserting in lieu thereof the following: When a vacancy occurs on the board and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. If the unexpired term to be filled is less than six months in duration, the grand jury at either term of the superior court shall have the power to appoint a successor to fill the unexpired term. 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 1991 session of the General Assembly of Georgia a bill to amend an Act to create a board of county commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended; and for other purposes. This 23rd day of January, 1991. Honorable Michael A. Beatty Representative, 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael A. Beatty, who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the

Page 3634

official organ of Jackson County, on the following date: January 23, 1991. /s/ Michael A. Beatty Representative, 12th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. MCDUFFIE COUNTYDEPUTY CORONER; APPOINTMENT; COMPENSATION; POWERS AND DUTIES. No. 55 (House Bill No. 462). AN ACT To amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner; to provide for powers and duties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21,

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1989 (Ga. L. 1989, p. 3899), is amended by adding a new Section 5B to read as follows: Section 5B. The coroner of McDuffie County shall appoint a deputy coroner who shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. The deputy coroner shall possess the qualifications for office and have the powers and duties specified in Code Section 45-16-7 of the O.C.G.A. The deputy coroner of McDuffie County shall receive an annual salary of $1,200.00 per year, payable in equal monthly installments from county funds. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959, (Ga. L. 1959, P. 2568), as amended; and for other purposes. This 11th day of January, 1991. 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 The McDuffie Progress which is the official organ of McDuffie County, on the following date: January 16, 1991. /s/ Bobby Harris Representative, 84th District

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Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. TIFT COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION; PURCHASING AGENT. No. 56 (House Bill No. 464). AN ACT To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2795) and an Act approved April 6, 1981 (Ga. L. 1981, p. 4088), so as to change the compensation and salary of the chairman of the board of commissioners; to delete a certain provision making the chairman the sole purchasing agent of the county; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2795) and an Act approved April 6, 1981 (Ga. L. 1981, p. 4088), 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:

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(b) The chairman of the board of commissioners shall receive an annual salary of $12,000.00 payable in equal monthly installments out of the funds of Tift County. In addition to such salary, the chairman shall receive an annual contingent expense allowance in the amount of $3,600.00 payable on a monthly basis out of the funds of Tift County. Section 2 . Said Act is further amended by striking in its entirety subsection (b) of Section 9 and by redesignating subsection (c) to read subsection (b). 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 1991 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. January 12, 1991 AFFIDAVIT OF PUBLICATION GEORGIA, TIFT COUNTY Personally appeared before the undersigned, an officer, authorized to administer oaths, James McKee, who being sworn, says that he is The Publisher of The Tifton Gazette, a corporation with principal offices at 211 N. Tift Avenue, Tifton-Tift County, Georgia, and having general circulation within the area of Tift County, and that the advertisement of Reinhardt, Whitley Wilmot, P. C., a TRUE COPY of which is affixed hereto, was published in said The Tifton Gazette, in all its editions for January 12, 1991. /s/ James McKee

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Sworn to and subscribed before me this 18th day of January, 1991 at Tifton, Georgia. /s/ Jo W. Grimes Notary Public, Tift County, Georgia My Commission Expires April 17, 1993 Approved April 4, 1991. WHITFIELD COUNTYBOARD OF EDUCATION; TERMS; REFERENDUM. No. 57 (House Bill No. 490). AN ACT To provide for shortening the terms of office and for the election of members of the Board of Education of Whitfield County; to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . As used in this Act, the term: (1) Board of education means the Board of Education of Whitfield County. (2) Education districts means the education districts for the election of members of the board of education as set forth in the local constitutional amendment. (3) Local constitutional amendment means the local constitutional amendment providing for the election of the Board of Education of Whitfield County and for election of the county school superintendent by the board (Res.

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Act. No. 160, H.R. 483-1200; Ga. L. 1964, p. 978) which was ratified at the 1964 general election and which was continued in force and effect by an Act approved February 27, 1987 (Ga. L. 1987, p. 3703). Section 2 . (a) The members of the board of education from Education Districts 1 and 3 who were elected at the 1990 general election pursuant to the provisions of the local constitutional amendment and who took office on the first day of January, 1991, shall serve out their terms of office, which shall expire December 31, 1996, and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. (b) The member of the board of education elected at large from Education District 5 at the 1994 general election pursuant to the provisions of the local constitutional amendment shall take office on January 1, 1995, for a term of four years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified. (c) The members of the board of education from Education Districts 2 and 4 elected at the 1992 general election pursuant to the provisions of the local constitutional amendment shall take office on the first day of January, 1993, for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3 . All members of the board of education serving pursuant to the provisions of the local constitutional amendment shall continue to serve until their successors are elected pursuant to the provisions of Section 2 of this Act. All members of the board of education shall be nominated and elected in accordance with the

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provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 4 . Except as otherwise provided by this Act, the local constitutional amendment shall continue in force and effect. Section 5 . An Act providing for terms of office of members of the Board of Education of Whitfield County, approved April 13, 1989 (Ga. L. 1989, p. 4901), is repealed in its entirety. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Whitfield County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the presidential preference primary conducted in 1992 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which shortens the terms of office for members of the Board of Education of Whitfield County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Whitfield County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill to provide for shortening the terms of office and for the election of members of the Board of education of Whitfield County; and for other purposes. This 17th day of January, 1991. Honorable Jim Tyson Griffin, Representative, 6th. District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim T. 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 18, 1991. /s/ Jim T. Griffin Representative, 6th District Sworn to and subscribed before me, this 1st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF ATLANTAURBAN ENTERPRISE ZONES; RESIDENTIAL PURPOSES; TAX ABATEMENT SCHEDULE FOR COMMERCIAL ZONES. No. 58 (House Bill No. 518). 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), as amended, so as to add provisions with respect to the creation of certain zones for residential purposes; to change certain provisions relating to the tax abatement schedule for commercial zones; 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 for urban enterprise zones in the City of Atlanta, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, is amended by adding a new paragraph immediately following paragraph (17) of Section 3, to be designated paragraph (17.1), to read as follows: (17.1) `Single-room occupancy residence' means a building containing 50 or more dwelling units, all of which are available for rental occupancy for periods of seven days or longer, in which said dwelling units are accessed through a common primary entrance; which contains lounges, living rooms, and other congregate living space of not less than five square feet per dwelling unit; and in which on-site management is provided on a 24 hour basis. For the purposes of this Act, single-room occupancy residences shall be classified as residential uses. As used in this Act, the term `single-room occupancy residence' refers specifically to the Welcome House single-room occupancy residence located on the corner of Memorial Drive and Pryor Street in the City of Atlanta. Section 2 . Said Act is further amended by striking paragraph (3) of subsection (c) of Section 5 and inserting in its place a new paragraph (3) to read as follows:

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(3) A zone for residential purposes may not be less than five acres in size, except: (A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of 2.5 acres will be required; (B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation/renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required; or (C) When the proposed zone contains a single-room occupancy residence in which at least 80 percent of the units to be provided bear weekly rents which do not exceed the fair market rents for the Atlanta metropolitan statistical area for single-room occupancy residences as most recently published by the United States Department of Housing and Urban Development. In said case, there will be no minimum acreage required. Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons, including persons previously living in emergency shelters, substandard housing, or in no housing whatsoever. Section 3 . Said Act is further amended by striking from the beginning of subsection (a) of Section 8 the following: (a) For zones created for commercial and industrial purposes:, and substituting in its place the following: (a) For zones created for industrial purposes:. Section 4 . Said Act is further amended by redesignating existing subsection (b) of Section 8 as subsection (c) of Section 8 and by adding in Section 8 a new subsection (b) to read as follows: (b) For zones created for commercial purposes:

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(1) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value of the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year; (2) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of rehabilitation shall be limited to the value of improvements added to the existing structure after the creation of the zone and the value of the land in accordance with paragraph (1) of subsection (b) of Section 7. At such time as the value of the improvements added exceed the value of the land, as of the date of the creation of the zone, by a factor of three or more, then the full value of both the improvements added and the land shall be eligible for the exemption granted under this Act. Said real property in such zone shall be exempt in accordance with the following schedule: 100 percent of its taxable value for the first five years after the creation of the zone, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year; (3) A commercial zone shall exist for ten years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished; (4) A zone for commercial purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone. Section 5 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), as amended by an Act approved March 28, 1986 (Ga. L. 1986, p. 5346), as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789), and as amended by an Act approved March 24, 1988 (Ga. L. 1988, p. 4164); and for other purposes. This 24th day of January, 1991. John O'Callaghan Director, Office of Intergovernmental Affairs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Holmes, who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 24, 1991. /s/ Bob Holmes Representative, 28th District Sworn to and subscribed before me, this 1st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF TALLAPOOSACITY MANAGER; TENURE; REMOVAL. No. 59 (House Bill No. 524). AN ACT To amend an Act reincorporating the City of Tallapoosa in the County of Haralson, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa; to provide that the city manager shall serve at the pleasure of the mayor and council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reincorporating the City of Tallapoosa in the County of Haralson, approved April 7, 1976 (Ga. L. 1976, p. 4262), as amended, is amended by striking Section 3.21 which reads as follows: Section 3.21. City Manager; Term; Compensation. The City Manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this Article. He shall receive such salary and expense allowances as the Mayor and Council shall fix. The Mayor and Council may remove the City Manager at any time within six (6) months after his appointment and qualification at the will of the Mayor and Council, but the City Manager shall not thereafter be removed from office until served with written charges and given a public hearing before the Mayor and Council., and inserting in its place a new Section 3.21 to read as follows: Section 3.21. City Manager; Term; Compensation. The City Manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this Article. He shall receive such salary and expense allowances as the Mayor and Council shall fix. The Mayor and Council may remove the City Manager at any regular or special meeting of

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the Council by a majority vote of the Council adopting a resolution to that effect. 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 1991 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 the City Manager; and for other purposes. 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 17, 1991. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Ann L. Wiley Notary Public, Rockdale County, Georgia My Commission Expires July 29, 1994 (SEAL) Approved April 4, 1991.

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EFFINGHAM COUNTYSTATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 60 (House Bill No. 536). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4361), so as to change the salary of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4361), is amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. The judge of said court shall receive a salary of $18,000.00 per year which shall be paid monthly by the treasurer of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Section 2 . Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The solicitor of said court shall receive a salary of $14,400.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County; and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose. In addition, he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said

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salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. Section 3 . This Act shall become effective on 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. STATE OF GEORGIA COUNTY OF EFFINGHAM Before me, the undersigned attesting officer, personally appeared Lee Denmark, who being duly sworn, on oath says that THE HERALD is a newspaper having a general circulation in said County, published weekly, therein; that it is the Official Organ of Effingham County; and that he is Publisher thereof. He further swears that the below legal notice is from an advertisement which was run in said paper in issues of the following dates. Jan. 9 - Jan. 16 - Jan. 23 /s/ Lee Denmark PUBLISHER NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE hereby given that there will be introduced in the 1991 Session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County. Sworn to and subscribed before me this 28 day of January, 1991 /s/ Ginny Anderson Notary Public, Effingham County Georgia My Commission Expires July 16, 1994

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STATE OF GEORGIA COUNTY OF EFFINGHAM Before me, the undersigned attesting officer, personally appeared Lee Denmark, who being duly sworn, on oath says that THE HERALD is a newspaper having a general circulation in said County, published weekly, therein; that it is the Official Organ of Effingham County; and that he is Publisher thereof. He further swears that the below legal notice is from an advertisement which was run in said paper in issue of the following dates. Jan. 9 - Jan. 16 - Jan. 23 /s/ Lee Denmark PUBLISHER NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced in the 1991 Session of the General Assembly of Georgia a bill effecting the compensation of the Solicitor of State Court of Effingham County. Sworn to and subscribed before me this 25 day of January, 1991 /s/ Ginny Anderson Notary Public, Effingham County Georgia My Commission Expires July 16, 1994 Approved April 4, 1991.

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FULTON COUNTYSHERIFF; CHIEF DEPUTY NOT REQUIRED; JUDGE OF PROBATE COURT; SUPERIOR COURT CLERK; TAX COMMISSIONER; TREASURER; VACANCIES. No. 61 (House Bill No. 542). AN ACT To amend an Act providing for the appointment of chief deputies by certain county officers of Fulton County, approved March 24, 1939 (Ga. L. 1939, p. 565), as amended, particularly by an Act approved April 8, 1965 (Ga. L. 1965, p. 3374), so as to delete the sheriff of Fulton County from the provisions of said Act; to revise obsolete provisions of said Act in connection therewith; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the appointment of chief deputies by certain county officers of Fulton County, approved March 24, 1939 (Ga. L. 1939, p. 565), as amended, particularly by an Act approved April 8, 1965 (Ga. L. 1965, p. 3374), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The tax commissioner and county treasurer in Fulton County shall be required to appoint from among the assistants in their respective offices a chief deputy and, upon making said appointment, shall notify the board of commissioners of Fulton County who shall spread upon its minutes a copy of such appointment. In making said appointment, said officers shall appoint such chief deputy at the will and pleasure of the officer making the appointment, subject to the provisions of Fulton County civil service laws, rules, and regulations. If the person so appointed as chief deputy resigns or if by revocation of the appointment or for any other reason the appointment becomes vacated, the person directed by this section to make such appointment shall reappoint a chief deputy and shall notify the board of commissioners of such reappointment

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so that the same may be spread upon the minutes of such board. 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. Whenever any vacancy occurs in the office of judge of the probate court, clerk of the superior court, tax commissioner, or treasurer of Fulton County, the person designated pursuant to the provisions of this Act by each respective officer as chief clerk, chief assistant, or chief deputy, as the case may be, shall, upon qualifying for such office as provided by law, fill the unexpired term of the officer in which the vacancy exists. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the appointment of chief deputies by certain county officers of Fulton County, approved March 24, 1939 (Ga. L. 1939, p. 565), as amended; and for other purposes. This 16th day of January, 1991. HONORABLE J. E. McKINNEY Representative, 35th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. E. McKinney, who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report

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which is the official organ of Fulton County, on the following date: January 22, 1991. /s/ J. E. McKinney Representative, 35th District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF ATLANTACOMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 62 (House Bill No. 544). AN ACT To provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificate of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing, etc., and definition of terms cost of the project or cost of any project as used in bond resolutions, etc.; to provide for authorized

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contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for repeal of a specific Act; 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 as the Atlanta Community Improvement District Act. Section 2 . Purpose. (a) The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Atlanta, Georgia, and such districts shall be created for the provision, acceleration, supplementation, or enhancement of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same: (1) Construction and maintenance of local, collector, and arterial streets as shown on the city's street classification map or as otherwise included in the city's most recently adopted Comprehensive Development Plan, including curbs, sidewalks, street lights, and devices to control the flow of traffic on local, collector, and arterial streets; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation;

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(6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. (b) A community improvement district is intended to provide a means to address needs for the above governmental services and facilities as may be necessary in high-growth, high-intensity, nonresidential areas. Section 3 . Definitions. As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district herein authorized. (3) Bonds or general obligation bonds means any bonds of a 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 a district. (4) Caucus of electors means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) City council means the Atlanta City Council. (6) City governing authority or body means the Atlanta City Council. (7) Cost of the project or cost of any project means and includes:

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(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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and 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 a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any projects;

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(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 and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (8) District means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (9) Electors means the owners of real property within the district which is then subject to taxes, fees, and

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assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Fulton or DeKalb counties, or both, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the appropriate Fulton County or DeKalb County tax commissioner, on a form satisfactory to the commissioner, at least eight days prior to an election. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board, for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owners' property for elections based on value majority, which must be cast by one of their number who is designated in writing by such multiple owners as their elector. (10) 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 Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or DeKalb County Board of Tax Assessors, or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefit derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or may be apportioned in any other manner or combination of manners deemed

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equitable by the board, including but not limited to the recognition of differential benefit which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (11) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undersirable 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. (12) Hereby, herein, hereinunder, and herewith mean under this Act. (13) Mayor means the mayor of the City of Atlanta. (14) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to 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 with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services (such as fire, police, and other services), provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (15) 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 Fulton County or DeKalb County, or both, within the district as certified by the appropriate Fulton County tax commissioner or DeKalb County tax commissioner.

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Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (16) Property used nonresidentially means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses, which does not include residential. (17) Residential means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (18) 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. (19) Value or assessed value of property means the values established in the most recent ad valorem tax reassessment of such properties certified by chairman of the Joint City-County (Atlanta-Fulton County) Board of Tax Assessors or DeKalb County Board of Tax Assessors. Section 4 . Creation. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703, et seq.), there is created one or more community improvement districts to be located in the City of Atlanta, Georgia, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be: (1) The adoption of a resolution by the city governing authority consenting to the creation of each community improvement district and imposing such conditions on the

Page 3661

projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; 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 shall be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. (b) The written consents provided for by paragraph (2) of subsection (a) of this section shall be submitted to the appropriate Fulton County or DeKalb County tax commissioner, or both, who shall certify whether subparagraphs (A) and (B) of said paragraph (2) have been satisfied with respect to each such proposed district. (c) No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated hereunder, and with the Department of Community Affairs. Section 5 . Administration, appointment, and election of board members. (a) Each district created pursuant hereto shall be administered by a board composed of nine board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the mayor; two members shall be appointed by the president of the city council (one of whom shall be the current chairperson of the finance committee of the city council); and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The appointed board members shall serve at the pleasure of the city governing body for terms in office not to exceed four years. The initially elected board members shall serve

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for terms of office as follows: one-half thereof, or one less than half if an odd number, shall serve for two years, and the remaining board members shall serve for four years, respectively. Thereafter, all terms of office shall be for four years, including the appointed board members who serve at the pleasure of the city governing body. (b) The initial board members to be elected as provided above shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing body of the municipality shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Fulton or DeKalb counties, or both, as hereinafter provided. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Fulton or DeKalb counties, or both, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Fulton County or DeKalb County, or both, on four dates, at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus, on the basis of one vote for each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed, and to terms of office of four years thereafter. Five board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 (or fraction thereof) in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat.

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(d) The board members shall be subject to recall as any other elected public official by the electors hereinabove defined. (e) Board members, including appointed board members (with the exception of the chairman of the finance committee of the city council), shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a member of the board. (g) Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code, shall not apply to the election of district board members. Should a vacancy in office occur of a district board member and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections. 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 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities which are provided

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to the City of Atlanta as a whole. Any tax, fee, or assessment so levied shall be collected by Fulton County or DeKalb County, or both, in the same manner as taxes, fees, and assessments are levied by Fulton County, DeKalb County, or the City of Atlanta, respectively. Delinquent taxes shall bear the same interest and penalties as Fulton County, DeKalb County, or City of Atlanta ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Fulton County or DeKalb County, or both, to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing body or bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a 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. (d) In accordance with the requirements of Code Section 36-71-7 of the O.C.G.A., each property paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act, shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the City of Atlanta against said property for system improvements, as defined under Chapter 71 of Title 36 of the O.C.G.A., known as the Georgia Development Impact Fee Act, which are in the same category as said public facility. Section 7 . Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the city council as set forth in the resolutions required in Section 4 hereof, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:

Page 3665

(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and, for this purpose, value shall be determined by the most recent county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the city council. Section 8 . Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments. The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Atlanta. The provisions of this section shall in no way limit the authority of the City of Atlanta to provide services or facilities within the district; and the City of Atlanta shall retain full and complete authority and control over any of its facilities located within its respective areas of any 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 municipality. Nothing contained in this Act shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.

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Section 10 . Powers. (a) Each district and its board created pursuant hereto shall have powers, as determined by resolution of the governing authority, which powers are deemed necessary or convenient to carry out and effectuate the purposes and provisions hereof including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and charter, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, and 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

Page 3667

desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance 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, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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 contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto;

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(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, to operate or contract for operation of facilities and other improvements in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Atlanta; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing City of Atlanta services; and (19) To do all things necessary or convenient to carry out the powers conferred hereby.

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(b) The powers enumerated in the resolution of the governing authority are to be drawn from those powers enumerated herein and elsewhere in this Act. Section 11 . Bonds - generally. (a) Notes or other obligations issued by the district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other

Page 3670

obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions 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 Fulton County or DeKalb County, or both, 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 and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.

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Section 12 . Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject to the limitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any projects, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. Section 14 . Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:

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(1) The adoption of a resolution approving of the dissolution of each community improvement district by the city governing authority; (2) The written consent to the dissolution of the community improvement district by: (A) A majority of the owners of real property within the district who are subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property constituting at least 75 percent by value of all real property within the district who are to be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest; and (3) The written consent provided for above shall be submitted to the Fulton or DeKalb County tax commissioner, as applicable, who shall certify whether paragraph (2) of this subsection has been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the city governing authority and shall forward said ballots to the Fulton or DeKalb County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until

Page 3673

the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or all debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the city governing authority shall take title to all public facilities or land or easements to be used for such public facilities previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation. Section 15 . An Act known as the Atlanta Community Improvement District Act, approved March 20, 1986 (Ga. L. 1986, p. 4174), is repealed in its entirety. Section 16 . 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the creation of one or more community improvement districts in the City of Atlanta, Georgia; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for debt of the said

Page 3674

districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificate of validation, specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearing, etc., and definition of terms cost of project or cost of any project as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973 shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all the foregoing; to repeal conflicting laws; and for other purposes. This 24th day of January, 1991. John O'Callaghan Director, Office of Intergovernmental Affairs Jan 24 1991 Req-tg GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 24, 1991. /s/ Jim Martin Representative, 26th District

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Sworn to and subscribed before me, this 30th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the creation of one or more community improvement districts in the City of Atlanta, Georgia; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificate of validation, specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearing, etc., and definition of terms cost of project or cost of any project as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973 shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all the foregoing; to repeal conflicting laws; and for other purposes. This 24th day of January, 1991.

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John O'Callaghan Director, Office of Intergovernmental Affairs 20-54267,4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 24, 1991. /s/ Jim Martin Representative, 26th District Sworn to and subscribed before me, this 30th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CITY OF GARDEN CITYMAYOR AND COUNCIL; ELECTION; TERMS; ORGANIZATIONAL MEETING. No. 63 (House Bill No. 549). AN ACT To amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the taking of the oath of office and the first organizational meeting; 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 City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by striking subsections (a) and (b) of Section 2.20 and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) On the first Monday after January 1 following each regular city election, the council shall hold a special meeting at which the oath of office shall be administered to the mayor and councilmen as follows: `I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' (b) The council shall meet for organization at its first regular meeting next following the meeting where the oath of office has been administered. The council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem., who shall serve for a term of two years and until his successor is elected and qualified.

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Section 2 . Said Act is further amended by striking Section 5.12 and inserting in lieu thereof the following: Section 5.12. Regular Election; Time for Holding. (a) The mayor and seven councilmen elected in December of 1989, whose terms normally expire on the second Thursday 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 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) 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. Affidavit of Publication X Savannah Morning News [UNK] Savannah Evening Press STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, VAN WILKERSON, to me known, who being sworn, deposes and says: That he is the Classified Adv Mgr of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec 17, 1990, and finds that the following Advertisement, to-wit:

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is given that there will be introduced at the regular 1991 session off the General Assembly of Georgia a bill to amend the Charter of the City of Garden City, 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 14th day of December, 1990. Honorable Sonny Dixon Representative, District 128 appeared in each of said editions. /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 18 day of December, 1990. /s/ Lillie Dale Lang Notary Public, Chatham County, Georgia My Commission Expires April 18, 1993 Approved April 4, 1991.

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CITY OF NORCROSSMANAGER; MAYOR PRO TEMPORE; DEPARTMENTS; AGENCIES; CAPITAL IMPROVEMENTS BUDGET; SALE OF CITY PROPERTY. No. 64 (House Bill No. 553). AN ACT To amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), so as to establish a council-manager form of government; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), is amended by striking Sections 2.27 and 2.28 in their entirety and inserting in lieu thereof new Sections 2.27 through 2.33 to read as follows: Section 2.27. City manager; appointment; qualifications; compensation. The 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. Acting city manager. By letter filed with the city clerk, the city 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 city manager shall return or his disability shall cease. Section 2.29. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties:

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(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 discussions, 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; (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 or as may be required by the city council.

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Section 2.30. Council 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 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 2.31. Selection of mayor pro tem. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall serve at the pleasure of the city council, shall continue to vote, and shall otherwise participate as a councilmember. Section 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign, as a matter of course on behalf of the city, all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) 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) 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 (7) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish.

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Section 2.33. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem or, in his absence or disability for any reason, any one 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. Any such absence or disability shall be declared by majority vote of all councilmembers. Section 2 . Said Act is further amended by striking Section 3.10 of said Act in its entirety and inserting in lieu thereof a new Section 3.10 to read as follows: Section 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor may recommend, and the 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 shall recommend, and the 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. There shall be a department head of each department who shall be its principal officer. Each department head 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. (c) Except as otherwise provided by this charter, the department heads and other appointed officers of the city shall serve at the pleasure of the city council. Vacancies occurring in

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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 department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as prescribed by ordinance of the city council. (f) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove department heads under his supervision, but such shall not be effective for 30 calendar days following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of three councilmembers. Section 3 . Said Act is further amended by striking Section 3.17 in its entirety and inserting in lieu thereof a new Section 3.17 to read as follows: Section 3.17. 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. 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 4 . Said Act is further amended by striking Sections 6.26 and 6.27 in their entirety and inserting in lieu thereof new Sections 6.26 and 6.27 to read as follows:

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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 city manager 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 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 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. (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

Page 3686

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 5 . Said Act is further amended by striking Section 6.29 in its entirety and inserting in lieu thereof a new Section 6.29 to read as follows: 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 city manager shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 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 or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.

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Section 6 . Said Act is further amended by striking Section 6.33 in its entirety and inserting in lieu thereof a new Section 6.33 to read as follows: 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 city manager 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 city manager 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. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1991 Session of the General Assembly of Georgia, a local Bill to

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amend the Charter of the City of Norcross (Ga. Laws 1990, Page 4934) to establish a council-manager form of government for the City of Norcross and to repeal conflicting laws. A copy of the proposed amendment is on file in the Office of the Clerk of the Council of the City of Norcross, Georgia, for the purposes of the examination and inspection by the public. This 14th day of January, 1990. 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 Home Weekly which is the official organ of Gwinnett County, on the following date: January 17, 1991. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 5th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3689

BUTTS COUNTYSUPERIOR COURT; CLERK; COMPENSATION. No. 65 (House Bill No. 585). AN ACT To amend an Act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, so as to change the compensation for 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 abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) The clerk of the superior court shall receive an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County until December 31, 1992. Effective January 1, 1993, said officer shall be entitled to a salary calculated in the manner specified under Article 2 of Chapter 6 of Title 15 of the O.C.G.A., as amended. (b) The amount provided for in subsection (a) of this section shall be increased by 3 percent for each year served. (c) The salary determined as provided for in subsections (a) and (b) of this section shall be payable in equal monthly installments from county funds. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the superior court of Butts County upon a salary, approved April 11, 1979 (Ga. L. 1979, p. 4162), as amended; and for other purposes. This 25th day of January, 1991. 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 30, 1991. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3691

BUTTS COUNTYTAX COMMISSIONER; COMPENSATION. No. 66 (House Bill No. 587). AN ACT To amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended, so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The present method of compensating the tax commissioner of Butts County is abolished. Said officer shall receive for his services as such an annual base salary of $18,500.00 payable in equal monthly installments from the funds of Butts County until December 31, 1992. Effective January 1, 1993, said officer shall receive for his services as such an annual base salary of $23,000.00 payable in equal monthly installments from the funds of Butts County. (b) In addition to the base salary provided in subsection (a) of this section, such officer shall receive a supplemental salary which shall be in an amount equal to 3 percent of the base salary multiplied by the number of years such officer has been in office. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) The tax commissioner, in addition to the base salary and supplement provided in subsections (a) and (b) of this section, shall receive a supplemental salary in the amount of

Page 3692

$1,500.00 per annum payable in equal monthly installments from the funds of Butts County until June 30, 1991. Effective July 1, 1991, the tax commissioner, in addition to the base salary and supplement provided in subsections (a) and (b) of this section, shall receive a supplemental salary in the amount of $2,400.00 per annum payable in equal monthly installments from the funds of Butts 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 1991 session of the General Assembly of Georgia a bill to amend an Act placing the Tax Commissioner of Butts County upon an annual salary, approved April 11, 1979 (Ga. L. 1979, p. 4159), as amended; and for other purposes. This 25th day of January, 1991. 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 30, 1991. /s/ Larry Smith Representative, 78th District

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Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. GRIFFIN-SPALDING COUNTY BOARD OF EDUCATIONMEMBERS; COMPENSATION; EXPENSES. No. 67 (House Bill No. 592). AN ACT To amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended, so as to change the compensation of the members of the Griffin-Spalding County Board of Education; to provide for a travel allowance and payment of other travel expenses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended, is amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Each member of the board of education, upon assuming such office, shall take an oath to perform faithfully

Page 3694

the duties of such office as provided by law. Each member shall receive the compensation of $300.00 per month during his or her term of office as a member of said board. Each member shall also receive an allowance for travel within Spalding County of $50.00 per month during his or her term of office. In addition thereto, and subject to such procedures and restrictions as may be prescribed by said board, each member thereof shall be reimbursed for his or her actual and reasonable expenses incurred in traveling outside of Spalding County on official business of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Local is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide monthly compensation and expense allowances of the members of the Griffin-Spalding County Board of Education, to repeal conflicting laws and for other purposes. This 7th day of January, 1991. Eugene Kierbow as Superintendent of Schools and Secretary of said Board GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Crisp B. Flynt, 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 Griffin Daily News which is the official organ of Spalding County, on the following date: January 11, 1991. /s/ Crisp B. Flynt Representative, 75th District

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Sworn to and subscribed before me, this 5th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. PIKE COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 68 (House Bill No. 593). AN ACT To amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, approved March 10, 1988 (Ga. L. 1988, p. 3824), so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility; to provide for a referendum; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, approved March 10, 1988 (Ga. L. 1988, p. 3824), 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 homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Pike County School

Page 3696

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 $12,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Pike County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption 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, 1992. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pike County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pike County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1992, general

Page 3697

election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. the superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pike County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the amount of the homestead exemption from Pike County School District ad valorem taxation from $10,000.00 to $12,000.00 for certain residents over the age of 62 years 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, it shall become of full force and effect on December 31, 1992, and shall be applicable to all taxable years beginning on or after that date. If 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 Pike 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for homestead exemptions from Pike County School District ad valorem taxation, approved March 10, 1988 (Ga. L. 1988, p. 3824), so as to provide that the homestead, but not to

Page 3698

exceed $12,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $12,000.00 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 a referendum; and for other purposes. This 28th day of January, 1991. Bobby Harrison, Chairman Board of Commissioners of Pike County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Crisp B. Flynt, 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-Reporter which is the official organ of Pike County, on the following date: January 30, 1991. /s/ Crisp B. Flynt Representative, 75th District Sworn to and subscribed before me, this 5th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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SCREVEN COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 69 (House Bill No. 597). AN ACT To amend an Act entitled An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes., approved December 9, 1871 (Ga. L. 1871-2, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), an Act approved August 16, 1915 (Ga. L. 1915, p. 345), an Act approved March 5, 1957 (Ga. L. 1957, p. 2428), an Act approved April 3, 1972 (Ga. L. 1972, p. 3490), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3884), so as to change the compensation of the chairman and the other members of the board of commissioners of Screven 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 entitled An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes., approved December 9, 1871 (Ga. L. 1871-2, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), an Act approved August 16, 1915 (Ga. L. 1915, p. 345), an Act approved March 5, 1957 (Ga. L. 1957, p. 2428), an Act approved April 3, 1972 (Ga. L. 1972, p. 3490), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3884), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Before entering upon the discharge of their duties as said commissioners, they shall take oath before the judge of the Probate Court of Screven County to discharge faithfully, equitably, justly, and impartially all the duties of their offices, and in addition shall give bond before the judge of the Probate Court of Screven County and his successors in office for the use of the county, in the sum of $1,000.00 each, conditioned to respond in damages for any failure on their part to perform their duties whereby on account of said failure the

Page 3700

county might be endangered or any part of said county. The chairman of the board of commissioners shall receive a salary of $5,400.00 per annum and the other four commissioners shall each receive a salary of $3,600.00 per annum, to be paid monthly out of the general funds of Screven County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, SCREVEN COUNTY Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to fix compensation for the Board of Commissioners of Screven County, Georgia and for other purposes. Bob Lane John F. Godbee State Representatives GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County, on the following date: January 10, 1991. /s/ Bob Lane Representative, 111th District

Page 3701

Sworn to and subscribed before me, this 15th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF FORT VALLEYMAYOR OR ALDERMAN; QUALIFICATIONS; POSTS AND WARDS; MAJORITY VOTE; TERMS OF OFFICE; MAYOR PRO TEMPORE; UTILITIES COMMISSIONER; QUALIFICATIONS. No. 74 (House Bill No. 619). AN ACT To amend an Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2817), an Act approved March 10, 1964 (Ga. L. 1964, p. 2669), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2526), so as to change the time for holding municipal elections; to change the qualifications for office of mayor or alderman; to provide for posts and wards and elections therefrom; to provide for majority vote requirements; to change certain terms of office and times for taking office; to provide for a mayor pro tem.; to change the qualifications for the office of utilities commissioner and provide for posts and wards and elections therefrom by majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2817), an Act approved March 10, 1964 (Ga. L. 1964, p. 2669), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2526), is amended by striking Section 3 thereof and inserting in its place a new section to read as follows: Section 3. (a) On the first Wednesday in April, 1992, there shall be conducted an election for the purpose of electing three aldermen of the City of Fort Valley as provided in subsection (e) of this section. Thereafter the municipal election for the City of Fort Valley shall be conducted upon the Tuesday next following the first Monday in November, 1993, and on such day biennially thereafter. All primaries and elections in the city shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations. (b) No person shall hold the office of alderman or mayor of the city if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (c) For purposes of each municipal election conducted after January 1, 1992, to fill an expiring term in the office of alderman, the six aldermen of the city shall be elected to numbered posts designated as Posts 1, 2, 3, 4, 5, and 6. Each person thereafter seeking election as alderman shall designate, at the time of qualifying for election to that office, the post to which that person seeks election. A person thereafter elected as alderman to Post 1 or Post 2 shall have been a resident of the East Ward, as described in subsection (d) of this section, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the East Ward. A person thereafter elected as alderman to Post 5 or Post 6 shall have been a resident of the West Ward, as described in subsection (d) of this section, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the

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West Ward. A person thereafter elected as alderman to Post 3 or Post 4 shall have resided in the city for at least 12 months prior to such election and shall have received a majority of the votes cast in the city at large. (d) (1) For purposes of electing aldermen to Posts 1, 2, 5, and 6, the City of Fort Valley shall be divided into two wards, the boundary line between which shall begin at the point of intersection between the northerly city limit and the center line of Norfolk Southern Railroad; run thence in a southwesterly direction along the center line of said railroad to its intersection with the center line of Oakland Heights Parkway; run thence in a southwesterly direction along the extended center line of Oakland Heights Parkway to its intersection with the extended center line of Railroad Street; run thence in a southwesterly direction along the extended center line of Railroad Street to its intersection with the center line of State College Drive; run thence in a southwesterly direction along the center line of State College Drive to its intersection with the extended center line of Carver Drive; run thence in a southerly direction along the center line of Carver Drive to the point of intersection with the southerly city limit. All territory within the city limits of Fort Valley lying south and east of the aforesaid boundary line shall constitute the East Ward. All territory within the city limits of Fort Valley lying north and west of the aforesaid boundary line shall constitute the West Ward. (2) Any part of the city which is not included in a ward described in paragraph (1) of this subsection shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. The governing authority of the city shall be authorized to reapportion those wards following the publication of the United States decennial census of 1990 or any future such census as provided in Code Section 36-35-4.1 of the O.C.G.A. (e) Those three aldermen who were elected to such offices at the municipal election in 1988, and any person appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire upon the election of their successors

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at the municipal election in April, 1992, and upon the qualification of those successors. Those successors shall be the first aldermen elected to Posts 1, 3, and 5, shall be elected at the municipal election in 1992, shall take office at the first regular meeting of the mayor and aldermen immediately following that election, and shall serve for an initial term of office which expires December 31, 1997, and upon the election and qualification of their respective successors. (f) Those three aldermen who were elected to such offices at the municipal election in 1990, and any person appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 1995, and upon the election and qualification of their successors. Those successors shall be the first alderman elected to Posts 2, 4, and 6, shall be elected at the municipal election in 1995, shall take office on the first day of January immediately following that election, and shall serve for an initial term of office which expires December 31, 1999, and upon the election and qualification of their respective successors. (g) The mayor who was elected at the municipal election in 1990 shall continue to serve out that person's term of office which shall expire December 31, 1993, and upon the election and qualification of a successor. That successor shall be elected at the municipal election in 1993, shall take office on the first day of January immediately following that election, and shall serve for an initial term of office which expires December 31, 1997, and upon the election and qualification of a successor. The mayor shall be elected by a majority of the votes cast in the city at large. (h) After the initial terms of office provided in subsections (e), (f), and (g) of this section, successors to the mayor and aldermen whose terms of office are to expire shall be elected at the municipal election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their elections for terms of four years each and until their respective successors are elected and qualified. (i) Those aldermen in office on January 1, 1991, and any person appointed to fill a vacancy in such office, shall be

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deemed to be serving in posts, only for purposes of determining their successors in office, as follows: Mr. Ernest Anderson Post 1 Mr. Norman Fitzgerald Post 2 Ms. Beth Collins Post 3 Mr. Joe Evans Post 4 Mr. Newt Jordan Post 5 Mr. Wilbur Spillers Post 6 (j) From January 1, 1992, until the first regular meeting following the 1992 municipal election, the aldermen of the City of Fort Valley shall be those aldermen in office immediately prior to January 1, 1992. From the first regular meeting following the 1992 municipal election until December 31, 1995, the aldermen of the city shall be the three aldermen elected to Posts 1, 3, and 5 pursuant to subsection (e) of this section and those incumbent aldermen whose terms of office expire in 1995, as provided in subsection (f) of this section. On and after January 1, 1996, the aldermen of the city shall be those aldermen elected to numbered posts as provided in this section. (k) At the first meeting of the mayor and alderman immediately following each municipal election conducted after January 1, 1992, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem. for a term of two years. (l) No person shall be appointed to fill a vacancy for an unexpired term of office of any alderman or utilities commissioner who was elected to a numbered post unless that person meets the residency requirements for that post. Section 2 . Said Act is further amended by striking from Section 6 thereof the following:

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The person or persons receiving the highest number of votes cast at such election for mayor and aldermen, respectively, shall be declared elected. Section 3 . Said Act is further amended by designating the first paragraph added by Section 7 of the amendatory Act approved December 18, 1953 (Ga. L. Nov.-Dec. Sess., p. 2817), as subsection (a), by striking the second paragraph added thereby, by striking the paragraph added by Section 4 of an amendatory Act approved March 24, 1965 (Ga. L. 1965, p. 2526), and by adding at the end of said Section 7 the following: (b) No person shall hold the office of utilities commissioner of the city if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (c) For purposes of each municipal election conducted after January 1, 1992, to fill an expiring term in the office of utilities commissioner, the four utilities commissioners of the city shall be elected to numbered posts designated as Posts 1, 2, 3, and 4. Each person thereafter seeking election as utilities commissioner shall designate, at the time of qualifying for election to that office, the post to which that person seeks election. A person thereafter elected as utilities commissioner to Post 1 shall have been a resident of the East Ward, as described in subsection (d) of Section 3 of this Act, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the East Ward. A person thereafter elected as utilities commissioner to Post 2 shall have been a resident of the West Ward, as described in subsection (d) of Section 6 of this Act, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the West Ward. A person thereafter elected as utilities commissioner to Post 3 or Post 4 shall have resided in the city for at least 12 months prior to such election and shall have received a majority of the votes cast in the city at large. (d) Those two utilities commissioners who were elected to such offices at the municipal election in 1988, and any person

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appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire upon the election of their successors at the municipal election in April, 1992, and upon the qualification of those successors. Those successors shall be the first utilities commissioners elected to Posts 1 and 3, shall be elected at the municipal election in 1992, shall take office at the first regular meeting of the mayor and aldermen immediately following that election, and shall serve for an initial term of office which expires December 31, 1997, and upon the election and qualification of their respective successors. (e) Those two utilities commissioners who were elected to such offices at the municipal election in 1990, and any person appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 1995, and upon the election and qualification of their successors. Those successors shall be the first utilities commissioners elected to Posts 2 and 4, shall be elected at the municipal election in 1995, shall take office on the first day of January immediately following that election, and shall serve for an initial term of office which expires December 31, 1999, and upon the election and qualification of their respective successors. (f) After the initial terms of office provided in subsections (d) and (e) of this section, successors to the utilities commissioners whose terms of office are to expire shall be elected at the municipal election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their elections for terms of four years each and until their respective successors are elected and qualified. (g) Those utilities commissioners in office on January 1, 1991, and any person appointed to fill a vacancy in such office, shall be deemed to be serving in posts, only for purposes of determining their successors in office, as follows: Mr. James Lewis Post 1 Mr. Robert Hunnicut Post 2 Mr. Frank Spearman Post 3

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Mr. Joe Frank Rhinehart Post 4 (h) From January 1, 1992, until the first regular meeting following the 1992 municipal election, the utilities commissioners of the City of Fort Valley shall be those utilities commissioners in office immediately prior to January 1, 1992. From the first regular meeting following the 1992 municipal election until December 31, 1995, the utilities commissioners of the city shall be the two utilities commissioners elected to Posts 1 and 3 pursuant to subsection (d) of this section and those two incumbent utilities commissioners whose terms of office expire in 1995, as provided in subsection (e) of this section. On and after January 1, 1996, the utilities commissioners of the city shall be those utilities commissioners elected to numbered posts as provided in this section. Section 4 . Said Act is further amended by striking in its entirety Section 12 thereof, relating to qualifications of the mayor and aldermen. Section 5 . This Act shall become effective on January 1, 1992. Section 6 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651); as amended; and for other purposes. This 18 day of January, 1991. /s/ Robert Ray Honorable Robert Ray Representative, 98th District GEORGIA, FULTON COUNTY

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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: January 23, 1991. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 30th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DOUGLAS COUNTYCOMMUNITY IMPROVEMENT DISTRICTS. No. 75 (House Bill No. 647). AN ACT To provide for the creation of one or more community improvement districts in Douglas County; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for the administration of said districts by the governing authority of Douglas County; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for exchange and transfer, certificate

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of validation, specification of interest rates in notice to district attorney or Attorney General, and in notice of validation hearing; to provide for the form of bonds and the definition of the terms cost of project and cost of any project as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the board generally and use of proceeds of the sale of bonds, notes, and other obligations and the subsequent issues of bonds, notes, and other obligations; to provide for construction; to provide that Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the districts' notes or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title . This Act shall be known as the Douglas County Community Improvement Districts Act. Section 2 . Purpose . The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Douglas County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act or any supplemental resolution amending the same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation;

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(6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions . As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing authority of Douglas County. (3) Bonds or general obligation bonds means any bonds of a 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 a 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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property

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used in or in connection with or necessary for any project; (C) All other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (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

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(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 a bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located as the context requires or permits. (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 Douglas County Board of Tax Assessors. (7) Forestry 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.

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(8) 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 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 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. (9) 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 Douglas County. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (10) Property used nonresidentially means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (11) 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; project specifications; conflicts of interest . Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Douglas County, Georgia, wholly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be:

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(1) The adoption of a resolution consenting to the creation of each community improvement district by the Douglas County Board of Commissioners; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest. The written consents provided for above shall be submitted to the Douglas County tax commissioner who shall certify whether subparagraphs (A) and (B) of paragraph (2) of this subsection have been satisfied with respect to each such proposed district. No district created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. Section 5 . Taxes, fees, and assessments . (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding 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. 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

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board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Douglas County. Delinquent taxes shall bear the same interest and penalties as Douglas 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 thereof, shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and October 1 each calendar year and notify in writing the collecting authority by October 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a 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 6 . Boundaries of the districts . (a) The boundaries of each district shall be as designated as such by the Board of Commissioners of Douglas County wholly within the unincorporated area of Douglas County as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided by this Act. (b) The boundaries of a district may be increased after the initial creation of a district with the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board; and (B) The owners of the real property within the area sought to be annexed into the community improvement

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district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (2) The adoption of a resolution consenting to the annexation by the board. Section 7 . Debt . Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 8 . 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 governing authority of Douglas County and any lawfully constituted authorities within which the district is partially located. The provisions of this section shall in no way limit the authority of Douglas County or any such municipality to provide services or facilities within the district; and Douglas County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any 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 municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 9 . Powers . (a) The governing authority of Douglas County shall have all 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:

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(1) To bring and defend actions; (2) To adopt and amend a community improvement district; (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, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its bonds, notes, or other obligations; loan agreements; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and

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to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance 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, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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 any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant thereto; (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,

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pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Douglas County and any municipal corporations; (16) 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 (17) To do all things necessary or convenient to carry out the powers conferred in this Act. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 10 . Bonds - Generally . (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by a resolution of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from

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time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members 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 provided for in 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 these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions 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 Douglas County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation

Page 3722

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 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 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, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. Section 11 . Authorized Contents of Agreements and Instruments of the Board Generally; Use of Proceeds of Sale of Bonds, Notes, and other Obligations; Subsequent Issues of Bonds, Notes, and other Obligations . (a) Subject to the limitations and procedures provided by this section and by Section 10 of this Act, the agreements or instruments executed 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 a 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 with this Act. (c) Issuance of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude issuance of other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of

Page 3723

bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 12 . Construction; Applicability of Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as 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 Official Code of Georgia Annotated, known as 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 13 . Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14 . Repealer . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Douglas County; to provide for such purposes, to provide for administration of such districts by the governing authority of Douglas County; to provide for powers and duties; to provide for boundaries; to provide for taxes, fees and assessments; to authorize the governing authority to incur debt for such districts; to provide for bonds, notes and other obligations; to authorize the governing authority in connection with such districts to contract with other units of governments, political subdivisions and authorities; to provide for cooperation with local governments; to provide for all matters relative to the foregoing; and for other purposes. This 1st day of February, 1991. Tom Kilgore, Representative, 42nd District. GEORGIA, FULTON COUNTY

Page 3724

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: February 1, 1991. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 8th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. FULTON COUNTYVEHICLES; DESIGNATED REGISTRATION PERIODS. No. 76 (House Bill No. 649). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods, as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3725

Section 1 . Effective January 1, 1992, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE IS HEREBY GIVEN that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a bill to provide that vehicles shall be registered and licensed to operate during the ensuing calendar and thereafter in Fulton County during designated registration periods as provided in O.C.G.A. Sec. 40-2-20.1, and for other purposes. ELIZABETH LONG County Attorney Fulton County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cynthia Ann McKinney, who, on oath, deposes and says that she is Representative from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 29, 1991. /s/ Cynthia McKinney Representative, 40th District

Page 3726

Sworn to and subscribed before me, this 7th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF SAVANNAHMAYOR AND ALDERMEN; RESIDENCY REQUIREMENTS. No. 77 (House Bill No. 665). AN ACT To amend an Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide

Page 3727

for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes., approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), is amended by adding at the end of quoted Section 2 of Section 1 of said Act a new subsection (e) to read as follows: (e) No person shall be eligible to serve as Mayor or Alderman unless he or she shall have been a resident of this city for 12 months immediately preceding the election of the Mayor and Aldermen. 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 the City of Savannah. 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 1991 session of the General Assembly of Georgia a bill to amend the Charter of the Mayor and Alderman of the City of Savannah; and for other purposes. This 9th day of January, 1991. Dyanne C. Reese Clerk of Council City of Savannah, 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

Page 3728

News/Savannah Evening Press which is the official organ of Chatham County, on the following date: January 9, 1991. /s/ DeWayne Hamilton Representative, 124th District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. TOWN OF GAYMAYOR PRO TEMPORE; APPOINTMENT; COUNCIL; QUORUM. No. 78 (House Bill No. 667). AN ACT To amend an Act incorporating the Town of Gay in Meriwether County, approved August 22, 1907 (Ga. L. 1907, p. 669), as amended, so as to provide for a quorum of the city council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the Town of Gay in Meriwether County, approved August 22, 1907 (Ga. L. 1907, p. 669), as amended, is amended by inserting immediately following Section 3 a new Section 3A to read as follows:

Page 3729

Section 3A. The mayor and councilmen shall at the first meeting after taking office elect by majority vote a mayor pro tempore. The mayor or, in his absence, the mayor pro tempore shall preside at all council meetings. The presiding officer and two councilmen shall constitute a quorum of the council for the transaction of any business before the city council at any meeting, and a majority of the votes of those present shall be necessary to determine all questions and elections before the city council. 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 1991 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Gay in Meriwether County, approved August 22, 1907 (Ga. L. 1907, p. 669), as amended; and for other purposes. This 1st day of February, 1991. 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: February 8, 1991. /s/ Leonard R. Meadows Representative, 91st District

Page 3730

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DECATUR COUNTYSTATE COURT; JUDGE; COMPENSATION. No. 79 (House Bill No. 685). AN ACT To amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4093), so as to change the compensation provision relating to the judge of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4093), is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. The judge of the State Court of Decatur County shall receive an annual salary of $21,600.00 to be paid in equal monthly installments from county funds. The judge

Page 3731

shall also be entitled to an expense allowance of $100.00 per month. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a bill to amend an act creating the State Court of Decatur County and providing the compensation therefor (Georgia Laws 1900, P. 104), as amended, so as to provide for an increase in compensation to be paid to the Judge of the State Court of Decatur County, to repeal conflicting laws, and for other purposes. This 8th day of January, 1991. Kermit F. Bates, Jr. Representative, 141st District 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 Post Searchlight which is the official organ of Decatur County, on the following date: February 9, 1991. /s/ Kermit F. Bates, Jr. Representative, 141st District

Page 3732

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. DEKALB COUNTYRECORDER'S COURT; PENALTIES. No. 80 (House Bill No. 684). 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, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4709), so as to change the penalties which may be imposed by such 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 creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4709), 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 a 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:

Page 3733

(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 $1,000.00 for any offense involving less than one ounce of marijuana, involving the purchase and possession of alcoholic beverages by persons under 21 years of age, and misdemeanor offenses within the jurisdiction of said Court; provided, however, that for a 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; or (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 30 days for any single offense and, if the ordinance violated so prescribes, by labor on the work gang not exceeding 60 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 1991 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 the Recorders court may impose; 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, Frank L. Redding, Jr., who, on oath, deposes and says that he is Representative from the 50th District,

Page 3734

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 17, 1991. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF FAIRMOUNTMAYOR; VETO POWER; MUNICIPAL COURT. No. 81 (House Bill No. 686). AN ACT To amend an Act creating a new charter for the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, so as to repeal the provisions relating to the veto power of the mayor; to change the provisions relating to the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Fairmount, approved April 17, 1975 (Ga. L. 1975, p. 3136), as amended, is amended by striking paragraph (h) of Section 2.18 of said Act, which reads as follows:

Page 3735

(h) Approve or disapprove ordinances, as provided for in section 2.29 of this Charter;, in its entirety. Section 2 . Said Act is further amended by striking Section 2.28 of said Act, which reads as follows: Section 2.28. Veto Power of Mayor. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor. (c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next regular meeting and should the Council then or at its next regular meeting adopt the ordinance by an affirmative vote of all four members, it shall become law. (d) The Mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the City Council over the Mayor's veto as provided by this section., in its entirety. Section 3 . Said Act is further amended by striking subsection (a) of Section 4.13 of said Act and inserting in lieu thereof a new subsection (a) to read as follows:

Page 3736

Section 4.13. Jurisdiction: Powers. (a) The municipal court shall try and punish for crimes against the City of Fairmount and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or three days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of a reasonable amount or imprisonment for 30 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang on the streets, sidewalks, squares, or other public works for a period not exceeding 30 days. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE An Act will be introduced in the 1991 Session of the Georgia Legislature amending an Act approved April 17, 1975 creating a new Charter for the City of Fairmount (Ga. Laws 1975, p. 3136), as amended, and for other purposes. J. Beverly Langford 7th District Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Beverly Langford, who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following date: January 16, 1991. /s/ James Beverly Langford Representative, 7th District

Page 3737

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTHMEMBERS. No. 82 (House Bill No. 688). AN ACT To amend an Act creating the Rome-Floyd County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4403), so as to provide for an additional position on such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Rome-Floyd County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4403), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the Rome-Floyd County Commission on Children and Youth. The commission shall be composed of 23 members as follows: (1) Three members to be appointed by the Floyd County legislative delegation to serve for initial terms of

Page 3738

one year, which members shall be one each from the fields of legislature, media, and child welfare; (2) Three members to be appointed by the juvenile court judge of Floyd County to serve for initial terms of one year, which members shall be one each from the fields of education, religion, and social work; (3) Three members to be appointed by the board of commissioners of Floyd County, which members shall be one commissioner from said board, one law enforcement officer, and one member at large who shall each serve for an initial term of two years; (4) Three members to be appointed by the board of commissioners of the City of Rome, which members shall be one commissioner from said board, one law enforcement officer, and one member at large who shall each serve for an initial term of two years; (5) One member to be appointed by the Rome Chamber of Commerce representing business or civic interests who shall serve for an initial term of one year; (6) Two members to be appointed by the district medical director, District 1, Unit 1 of the Department of Human Resources, to serve for initial terms of one year; (7) One additional member to be appointed by the district medical director, District 1, Unit 1 of the Department of Human Resources. Such member shall be appointed not later than July 31, 1991, and shall serve an initial term to coincide with the remaining terms of members serving at the time of his appointment; (8) Two members to be appointed by the director of the Coosa Valley Mental Health Center, which members shall be one substance abuse counselor and one mental health professional, to serve for initial terms of two years; (9) The district medical director, District 1, Unit 1 of the Department of Human Resources, and the juvenile court judge of Floyd County;

Page 3739

(10) One member to be appointed by the President of the Rome Central Labor Council to serve for an initial term of one year; (11) An attorney to be appointed by the Rome Bar Association to serve for an initial term of one year; and (12) One member who shall be the director of the Rome Boys Club, or his designee, to serve for an initial term of one year. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4403); and for other purposes. This 1st day of Feb., 1991. Honorable E. M. Childers Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune which is the official organ of Floyd County, on the following date: February 7, 1991. /s/ Buddy Childers Representative, 15th District

Page 3740

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF LILBURNFRANCHISES; DURATION. No. 83 (House Bill No. 699). 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 lengthen the period of time for which the city may grant a franchise; 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 Lilburn, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, is amended by striking Section 7.11 of said Act in its entirety and inserting in lieu thereof the following: Section 7.11. Franchises . The council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no

Page 3741

franchise shall be granted for a period in excess of 15 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises. 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 legislation will be introduced at the 1991 session of the General Assembly to amend the Charter of the City of Lilburn, Georgia, so as to lengthen the period of time for which the city may grant a franchise; and for other purposes. This 7th day of February, 1991. James W. Garner, City Attorney City of Lilburn, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory Morsberger, 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 Home Weekly which is the official organ of Gwinnett County, on the following date: February 7, 1991. /s/ Emory L. Morsberger Representative, 62nd District

Page 3742

Sworn to and subscribed before me, this 13th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. HOUSTON COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; EXPENSE ACCOUNT; VACANCY. No. 84 (House Bill No. 700). 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 February 14, 1990 (Ga. L. 1990, p. 3510), so as to repeal a certain provision which requires the chairman of the board of commissioners to publish annually a detailed statement accounting for the expenditures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post; 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 February 14, 1990 (Ga. L. 1990, p. 3510), 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:

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(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. Section 2 . Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. All vacancies in the membership of the board of commissioners, including the chairman post, occurring in less than one year of the expiration of such term of office shall be filed by appointment of a duly qualified person by the remaining members of the board, and such appointee shall be commissioned and hold office until his successor is elected and qualified; provided, however, that if such remaining members cannot agree on an appointment within 45 days after a vacancy has been declared, the Judge of the Probate Court of Houston County shall appoint a qualified person to fill such vacancy. All vacancies in the membership of the board, including the chairman post, occurring more than one year prior to the expiration of the term of office shall be filled by a special election called by the election superintendent of Houston County in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Section 3 . Said Act is further amended by striking in its entirety subsection (b) of Section 5 and inserting in lieu thereof a new subsection (b) to read as follows: (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 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

Page 3744

remainder of the unexpired term of office. Any duly qualified person may be appointed by the board to fill a vacancy in Post 1 pursuant to the provisions of Section 4. 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 1991 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 17th day of January, 1991. Honorable Roy H. Watson, Jr. Representative, 114th District Honorable Larry Walker Representative, 115th District Honorable Jay Walker Representative, 113th District Honorable Sonny Perdue Senator, 18th District GEORGIA, HOUSTON COUNTY Personally appeared before me this date, Jim Kerce, publisher of The Houston Home Journal, Perry, Georgia, the Official Legal 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: 3 This 24th day of January, 1991. /s/ Jim Kerce, Ltd. Publisher Houston Home Journal Perry, Georgia

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Sworn to and ascribed before me this 24th day of January, 1991. /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct. 3, 1992 Approved April 4, 1991. CITY OF BARNESVILLEMAYOR AND COUNCIL; ELECTION. No. 85 (House Bill No. 701). AN ACT To amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, so as to change the provisions relating to the election of the mayor and members of the city council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, is amended by striking subsection (c) of Section 5.11 and inserting in its place a new subsection (c) to read as follows: (c) The mayor shall be elected by the qualified voters of the entire city. The candidate for the office of mayor receiving the highest number of votes cast for such office shall be elected mayor. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward.

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Section 2 . Said Act is further amended by striking Section 5.13, which reads as follows: Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected., in its entirety. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended; and for other purposes. This 29th day of January, 1991. 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: February 6, 1991. /s/ Larry Smith Representative, 78th District

Page 3747

Sworn to and subscribed before me, this 13th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. FULTON COUNTY SCHOOL DISTRICTHOMESTEAD EXEMPTION; ELIGIBILITY; PROCEDURES; FORMS; APPLICABILITY; EXCEPTIONS; REFERENDUM. No. 86 (House Bill No. 730). AN ACT To provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of such person's homestead; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; to provide for exceptions; to provide for related matters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The homestead of each resident of the Fulton County School District who is 65 years of age or over or permanently

Page 3748

disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within such homestead, does not exceed $30,000.00 per annum shall be exempted from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of the homestead. The value of the homestead in excess of $54,000.00 shall remain subject to taxation. For the purposes of this section, the term homestead means a homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being permanently disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if permanently disabled, the certificate or certificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. (d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file such affidavit

Page 3749

and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (e) The homestead exemption granted by this section shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1992. (f) The homestead exemption granted by this section shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, county taxes for county purposes, or municipal taxes. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1992, 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and any other persons residing within such homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of

Page 3750

the assessed value of such person's homestead? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . Section 2, this section, and Section 4 of this Act shall become effective upon their approval by the Governor or upon their 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 1991 session of the General Assembly of Georgia a bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; to provide for exceptions; to provide for related matters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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This 30 day of January, 1991. Honorable Helen Selman Representative, 32nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen Selman, who, on oath, deposes and says that she is Representative from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 8, 1991. /s/ Helen Selman Representative, 32nd District Sworn to and subscribed before me, this 14th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1933 (SEAL) Approved April 4, 1991. JOHNSON COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 87 (House Bill No. 733). AN ACT To provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County; to provide for practices and procedures

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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, there is imposed a county law library fee upon all cases in the Magistrate Court of Johnson County 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 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 Johnson County for law library fees in the Superior Court of Johnson County. Section 3 . All of the provisions of Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall apply to and govern law library fees in the Magistrate Court of Johnson County. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for law library fees for the Magistrate Court of Johnson County; and for other purposes. This 31st day of January, 1991. Honorable Jimmy Lord Representative, 107th District

Page 3753

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 31, 1991. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 14th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BEN HILL COUNTYBOARD OF COMMISSIONERS; MEMBERS; POSTS; ELECTION; TERMS; CHAIRMAN; REFERENDUM. No. 88 (House Bill No. 736). AN ACT To amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, so as to change the composition of the board of commissioners; to provide for posts; to change the provisions relating to election of members of the board of commissioners and their terms of office; to provide for a chairman; to provide for other matters

Page 3754

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 Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There shall be a Board of Commissioners of Ben Hill County which shall consist of five members. (b) For purposes of electing members of the board of commissioners, Ben Hill County is divided into three commissioner districts, each of which shall consist of the territory within the following bounds: Commissioner District Number 1 - All that portion of Ben Hill County, Georgia, lying east of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right of way of U. S. Highway 129, thence running in a northern direction along the right of way of U. S. Highway 129 to the right of way of East Sultana Drive in Fitzgerald, Georgia, thence running east along the right of way of Sultana Drive to the intersection thereof with Marion Avenue, thence running South along the right of way of Marion Avenue to the right of way of Snowden Road, thence running east along the right of way of Snowden Road (SR-173) approximately one and a half miles to the eastern end of Snowden Road, thence running north along Snowden Road to its intersection with the Camp Brooklyn Road (SR-26), thence running east along the right of way of Camp Brooklyn Road to its intersection with the right of way of State Route 11, thence running in a northerly direction along the right of way of State Route 11 to its intersection with the right of way with the Lulaville Road (SR-199), thence running west along the right of way of the Lulaville Road to the right of way of U. S. Highway 129, thence running north along the right of way of U. S. Highway 129 to its intersection with the northern county line of Ben Hill County.

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Commissioner District Number 2 - This district shall constitute all of the territory of Ben Hill County, Georgia, and shall be an at-large district. Commissioner District Number 3 - All that portion of Ben Hill County, Georgia, lying west of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right of way of U. S. Highway 129, thence running in a northern direction along the right of way of U. S. Highway 129 to the right of way of East Sultana Drive in Fitzgerald, Georgia, thence running east along the right of way of Sultana Drive to the intersection thereof with Marion Avenue, thence running South along the right of way of Marion Avenue to the right of way of Snowden Road, thence running east along the right of way of Snowden Road (SR-173) approximately one and a half miles to the eastern end of Snowden Road, thence running north along Snowden Road to its intersection with the Camp Brooklyn Road (SR-26), thence running east along the right of way of Camp Brooklyn Road to its intersection with the right of way of State Route 11, thence running in a northerly direction along the right of way of State Route 11 to its intersection with the right of way of the Lulaville Road (SR-199) thence running west along the right of way of the Lulaville Road to the right of way of U. S. Highway 129, thence running north along the right of way of U. S. 129 to its intersection with the northern county line of Ben Hill County. (c) The member elected from Commissioner District Number 2 shall be the chairman of the board of commissioners. (d) For purposes of electing members of the board of commissioners, Commissioner District Number 1 shall have two posts to be known as Post Number 1 and Post Number 2 and Commissioner District Number 3 shall have two posts to be known as Post Number 1 and Post Number 2. At the time any person qualifies for nomination or election as a member from Commissioner District Number 1, such person shall designate the district and the post to which he or she seeks election and shall thereafter be qualified for election only to the district and post so designated. At the time any person qualifies for nomination or election as a member from Commissioner District

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Number 3, such person shall designate the district and the post to which he or she seeks election and shall thereafter be qualified for election only to the district and post so designated. (e) Each member of the board shall be a resident of the commissioner district he or she represents and shall be elected by only the voters of the district he or she represents. Vacancies shall be filled by the remaining commissioners' appointing a resident of the vacant district to serve until the next general election at which general election a successor to fill the unexpired term shall be elected. A vacancy shall occur when an elected member of the board dies, resigns, is recalled, or becomes incapacitated or disabled to the extent that he or she fails to attend three successive regular monthly meetings of the board. (f) The members of the board of commissioners who are in office on March 1, 1991, shall continue in office for the remainder of their respective terms to which they were elected. The member representing Commissioner District Number 1 on March 1, 1991, shall represent Commissioner District Number 1, Post Number 1 on and after January 1, 1993. The member representing Commissioner District Number 3 on March 1, 1991, shall represent Commissioner District Number 3, Post Number 1 on and after January 1, 1993. At the November general election in 1992, members shall be elected from Commissioner District Number 2 and from Commissioner District Number 3, Post Number 2 for terms of office of four years, beginning on January 1, 1993, and until their respective successors are elected and qualified. At the November general election in 1992 a member shall be elected from Commissioner District Number 1, Post Number 2 for an initial term of office of two years, beginning on January 1, 1993, and until a successor is elected and qualified. At the November general election in 1994, members shall be elected from Commissioner District Number 1, Post Number 2 and Commissioner District Number 3, Post Number 1 and the persons elected in such election shall take office on January 1, 1995, for terms of office of four years each and until their respective successors are elected and qualified. At the November general election in 1996, members shall be elected from Commissioner District Number 1, Post Number 1, Commissioner District Number 2, and Commissioner District Number 3, Post Number 2, and the persons

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elected in such election shall take office on January 1, 1997, for terms of office of four years each and until their respective successors are elected and qualified. (g) Successors to those members whose terms of office are specified in subsection (f) of this section shall be elected in the November general election immediately preceding the expiration of a term of office, shall take office on January 1 immediately following such election, and shall have terms of office of four years each and until their respective successors are elected and qualified. Section 2 . Said Act is further amended by striking Section 5, which reads as follows: Section 5. The chairman of the board shall be elected from the board by its members at the regular January monthly meeting of the board each year and shall serve for a term of one year., in its entirety. 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 Ben Hill County shall call and conduct an election for the purpose of submitting Section 1 and 2 of this Act to the electors of Ben Hill 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 Ben Hill County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the membership of the Board of Commissioners of Ben Hill County from three members to five members, provides for the chairman to be elected by the citizens of Ben Hill County, and provides for four-year terms of office for members of the board?

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All persons desiring to vote for approval of Sections 1 and 2 of the Act shall vote Yes, and those persons desiring to vote for rejection of Sections 1 and 2 of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Sections 1 and 2 of the Act, such sections shall become of full force and effect immediately for the purpose of conducting elections in 1992, and shall become effective for all purposes on January 1, 1993; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Ben Hill County. It shall be the superintendent' 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 282), as amended; and for other purposes. This 4th day of February, 1991. Paul S. Branch, Jr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul S. Branch, 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: February 6, 1991. /s/ Paul S. Branch Representative, 137th District

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Sworn to and subscribed before me, this 14th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. WASHINGTON COUNTYBOARD OF EDUCATION; RECONSTITUTION; MEMBERS; TERMS; ELECTIONS; DISTRICTS; CHAIRMAN; QUALIFICATIONS; VACANCIES; COMPENSATION; SUPERINTENDENT; TERM; APPOINTMENT; CONTRACT; REMOVAL; REFERENDUM. No. 89 (House Bill No. 732). AN ACT To reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts and for the election of board members therefrom; to provide for the election of the chairman of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto, contracts therefor, and removal thereof; to provide that the school superintendent will be subject to certain laws; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Board of Education of Washington County which was appointed by the grand jury and which existed on January 1, 1991, is continued in existence but on and after January 1, 1993, shall be constituted as provided in this Act. The Board of Education of Washington County so continued and constituted, 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 Washington County as existed immediately prior to January 1, 1993, and shall be subject to all constitutional and statutory provisions relating to county boards of education and not in conflict with this Act. Section 2 . (a) On and after January 1, 1993, the Board of Education of Washington County shall consist of five members, four of whom shall be elected from education districts as provided in this Act and one of whom shall be the chairman elected at large as provided in this Act. (b) Those members of the Board of Education who are serving as such on January 1, 1991, and any person appointed to fill a vacancy in any such offices shall serve for terms of office which expire December 31, 1992, and upon the election and qualification of their successors as provided in this Act. For purposes of electing those and all future successors to members of the board whose terms of office expire, other than the member of the board who is the chairman, the Washington County School District is divided into four education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Washington County School District: EDUCATION DISTRICT 1 Beginning at a point on the centerline of State Route 24 where said point intersects with the Washington-Baldwin County Line and from said beginning point running in an Easterly direction along the centerline of State Route 24 until the centerline of State Route 24 intersects with the centerline of State Route 15, known as intersection of Church Street and Harris Street of the City of Sandersville;

Page 3761

thence continuing in a Northerly direction along the centerline of State Route 15 to a point where the centerline of State Route 15 intersects with the centerline of State Route 24, known as the intersection of Harris Street and McCarty Street; thence continuing in an Easterly direction along the centerline of State Route 24 to a point where the centerline of State Route 24 intersects with the centerline of County Road 67; thence, in a Northerly direction along the centerline of County Road 67 to a point where the centerline of County Road 67 intersects with the centerline of State Route 88; thence continuing in an Easterly direction along the centerline of State Route 88 to a point located on the Chickasaw-Hatchie Bridge where the centerline of State Route 88 intersects with the centerline of Williamson Swamp Creek; thence continuing in a Northerly direction along the centerline of Williamson Swamp Creek to a point where the centerline of Williamson Swamp Creek intersects with the centerline of State Route 102, known as the Mitchell Road; thence continuing in a Northerly direction along the centerline of State Route 102 to a point where State Route 102 intersects with the centerline of County Road 376, known as the Hamburg Road; thence continuing along the centerline of County Road 376 to a point where the centerline of County Road 376 intersects with the Washington-Hancock County Line; thence continuing in a Southerly direction along the Washington-Hancock County Line to a point where the Washington-Hancock County Line intersects the Washington-Baldwin County Line; thence continuing in a Southerly direction along the Washington-Baldwin County Line which follows the centerline of Gumm Creek until reaching the point of beginning where the centerline of State Route 24 intersects with the Washington-Baldwin County Line. EDUCATION DISTRICT 2 Beginning at a point where the centerline of County Road 376, known as Hamburg Road, intersects with the Washington-Hancock County Line and from said beginning point running in a Southerly direction along the centerline of County Road 376 to a point where the centerline of County Road 376 intersects the centerline of State Route 102; thence continuing Southerly along the centerline

Page 3762

of State Route 102 to a point where the centerline of State Route 102 intersects the centerline of Williamson Swamp Creek; thence continuing in a Southeasterly direction along the centerline of Williamson Swamp Creek to a point on the Chickasaw-Hatchie Bridge where the center of Williamson Swamp Creek intersects the centerline of State Route 88; thence continuing in a Westerly direction along the centerline of State Route 88 to a point where State Route 88 intersects the centerline of County Road 67; thence continuing in a Southerly direction along the centerline of County Road 67 to a point where County Road 67 intersects the centerline of State Route 24; thence continuing in a Westerly direction along the centerline of State Route 24 to a point where State Route 24 intersects State Route 15 at a point known as the crossing of North Harris Street and McCarty Street; thence continuing in a Southerly direction along the centerline of State Route 15 to a point where State Route 15 intersects the centerline of State Route 24, known as the intersection of Harris Street and Church Street in the City of Sandersville; thence continuing Easterly along the centerline of East Church Street of the City of Sandersville to a point where the centerline of East Church Street intersects the centerline of Smith Street; thence continuing Northerly along the centerline of Smith Street to a point approximately 175 feet North of Gilmore Street where the centerline of Smith Street intersects the Mainline of the Sandersville Railroad at DOT Crossing Number 865-820-M; thence continuing Easterly along the centerline of the Mainline of the Sandersville Railroad to a point where the centerline of the Mainline of the Sandersville Railroad intersects with the centerline of County Road 103, known as the Sunhill Road; thence continuing Easterly along the centerline of County Road 103, known as the Sunhill Road, to a point where the center line of County Road 103 intersects the City Limits of the City of Sandersville; thence continuing Southerly along the Sandersville City Limits Line to a point where the City Limits of Sandersville intersect with the centerline of State Route 242, known as the Riddleville Road; thence continuing Southeasterly along the centerline of State Route 242 to a point where the centerline of State Route 242 intersects County Roads 333 and 360, known as the Old Savannah Road; thence continuing Southwesterly along the centerline

Page 3763

of County Road 360, known as the Old Savannah Road, to a point where the centerline of County Road 360 intersects with the centerline of County Road 161, known as the Layton-Boyd Road; thence Southeasterly along the centerline of County Road 161 to a point where the centerline of County Road 161 intersects with the centerline of County Road 169; thence continuing Southwesterly along the centerline of County Road 169 to a point where the centerline of County Road 169 intersects the centerline of the Little Ohoopee River; thence continuing in a Southeasterly direction along the centerline of the Little Ohoopee River to a point on the Roberson Bridge where the Little Ohoopee River intersects with the centerline of County Road 188, known as the Roberson Bridge Road; thence continuing Northeasterly along the centerline of County Road 188 to a point where the centerline of County Road 188 intersects the centerline of County Road 167; thence continuing North along the centerline of County Road 167 to a point where the centerline of County Road 167 intersects the centerline of County Road 190; thence continuing Southeasterly along the centerline of County Road 190 to a point where the centerline of County Road 190 intersects the centerline of County Road 167; thence continuing Southeasterly along the centerline of County Road 167 to a point where the centerline of County Road 167 intersects the centerline of County Road 187, known as the Bartow-Dublin Road; thence continuing Northeasterly along the centerline of County Road 187 to a point where the centerline of County Road 187 intersects the centerline of County Road 152, known as the Tarver Grove Road; thence continuing Easterly along the centerline of County Road 152 to a point where the centerline of County Road 152 intersects the centerline of a stream that runs from Dukes Lake to Neely Creek; thence continuing down the center of said stream in an Easterly direction to a point where said stream intersects the center line of Neely Creek; thence continuing in a Southeasterly direction to a point where the centerline of Neely Creek intersects the Washington-Johnson County Line; thence continuing in an Easterly direction along the Washington-Johnson County Line to a point where the Washington-Johnson County Line intersects the Washington-Jefferson County Line; thence continuing in a Northerly direction along the Washington-Jefferson

Page 3764

County Line to a point where the Washington-Jefferson County Line intersects within the centerline of the Ogeechee River which becomes the dividing line between Washington and Jefferson Counties; thence continuing in a Northwesterly direction along the centerline of the Ogeechee River to a point in the center of the Ogeechee River where the Washington-Jefferson County Line intersects the Washington-Glascock County Line; thence continuing in a Northwesterly direction along the center of the Ogeechee River which becomes the Washington-Glascock County Line to a point in the center of the Ogeechee River where the Washington-Glascock County Line intersects the Washington-Hancock County Line; thence continuing in a Westerly direction along the Washington-Hancock County Line to the point of beginning where the Washington-Hancock County Line intersects the centerline of County Road 376, known as the Hamburg Road. EDUCATION DISTRICT 3 Beginning at a point where the centerline of Neely Creek intersects the Washington-Johnson County Line and from said beginning point running in a Northwesterly direction along the centerline of Neely Creek to a point where the centerline of Neely Creek intersects a stream that connects Dukes Lake with Neely Creek; thence continuing in a Northerly direction along said stream to a point where said stream intersects the centerline of County Road 152 known as the Tarver Grove Road; thence continuing in a Westerly direction along the centerline of County Road 152 to a point where the centerline of County Road 152 intersects the centerline of a County Road 187 known as the Bartow-Dublin Road; thence continuing in a Southwesterly direction along the centerline of County Road 187 to a point where County Road 187 intersects the centerline of County Road 167; thence continuing in a Northwesterly direction along the centerline of County Road 167 to a point where County Road 167 intersects the centerline of County Road 190; thence continuing along the centerline of County Road 190 in a Northwesterly direction to a point where the centerline of County Road 190 intersects the centerline of County Road 167; thence continuing in a Southerly direction along County Road 167 to a point where County Road

Page 3765

167 intersects the Centerline of County Road 188 known as the Roberson Bridge Road; thence continuing in a Southwesterly direction along the centerline of County Road 188 to a point on the Roberson Bridge where the centerline of County Road 188 intersects the centerline of the Little Ohoopee River; thence continuing along the centerline of the Little Ohoopee River in a Northwesterly direction to a point where the centerline of the Little Ohoopee River intersects the center of County Road 169; thence continuing along the centerline of County Road 169 in an Easterly direction to a point where the centerline of County Road 169 intersects the centerline of County Road 161, known as the Layton-Boyd Road; thence continuing in a Northwesterly direction along the centerline of County Road 161 to a point where the centerline of County Road 161 intersects the centerline of County Road 360, known as the Old Savannah Road; thence continuing in a Northeasterly direction along the centerline of County Road 360 to a point where the centerline of County Road 360 intersects the centerline of State Route 242 and County Road 333; thence continuing in a Northwesterly direction along the centerline of State Route 242, known as the Riddleville Road, to a point where State Route 242 intersects with the City Limits of the City of Sandersville; thence continuing in a Northeasterly direction along the outer City Limits of the City of Sandersville to a point where the City Limits of the City of Sandersville intersect the centerline of County Road 103, known as the Sunhill Road; thence continuing in a Westerly direction along the centerline of County Road 103 to a point where County Road 103 intersects the Mainline of the Sandersville Railroad; thence continuing in a Northwesterly direction along the centerline of the Mainline of the Sandersville Railroad to a point where the Mainline of the Sandersville Railroad intersects Smith Street in the City of Sandersville, said crossing being known as DOT Crossing Number 365-820M; thence continuing in a Southerly direction along the centerline of Smith Street to a point where Smith Street intersects with the centerline of East Church Street; thence continuing in a Westerly direction along the centerline of East Church Street to a point where East Church Street intersects with the centerline of State Route 15, known as the intersection of Church Street and Harris Street of the City of Sandersville; thence continuing

Page 3766

in a Southerly direction along the centerline of State Route 15 to a point where the centerline of State Route 15 intersects with the centerline of County Road 347, known as Matthews Road and the City Limits of the City of Tennille; thence continuing along the centerline of County Road 347, known as Matthews Road, in a Westerly direction to a point where the City Limits of the City of Tennille leave County Road 347, known as Matthews Road; thence continuing in a Southwesterly, Southern and Southeasterly direction along the City Limits of the City of Tennille to a point where the City Limits of Tennille intersect with the centerline of State Route 68; thence continuing in a Southerly and Southwesterly direction along the centerline of State Route 68 to a point where the centerline of State Route 68 intersects with the centerline of County Road 346 where the centerline of County Road 346 intersects the Washington-Johnson County Line; thence continuing in a Easterly and Southeasterly direction along the Washington-Johnson County Line to the point of beginning where the centerline of Neely Creek intersects the Washington-Johnson County Line. EDUCATION DISTRICT 4 Beginning at a point where the centerline of County Road 346, known as the Hurst Road, intersects with Washington-Johnson County Line and from said beginning point running in a Northwesterly direction along the centerline of County Road 346 to a point where the centerline of County Road 346 intersects the centerline of State Route 68; thence continuing in a Northerly direction along the centerline of State Route 68 to a point where State Route 68 intersects the City Limits of the City of Tennille; thence following the City Limits of the City of Tennille in a Westerly, Northwesterly, Northerly, and Northeasterly direction to the centerline of County Road 347, known as Matthews Road; thence continuing along the centerline of County Road 347, Matthews Road, which is also the City Limits of the City of Tennille, to a point where County Road 147, Matthews Road, and the City Limits of the City of Tennille intersect with the centerline of State Route 15; thence continuing in a Northerly direction along the centerline of State Route 15 to a point in the City of

Page 3767

Sandersville where State Route 15 intersects with centerline of State Route 24, known as the intersection of Church Street and Harris Street of the City of Sandersville; thence continuing in a Westerly direction along the centerline of State Route 24 to a point where the centerline of State Route 24 intersects with the Washington-Baldwin County Line; thence continuing in a Southerly direction along the Washington-Baldwin County Line which follows the centerline of Gumm Creek to a point where the centerline of Gumm Creek intersects the centerline of the Oconee River at which point the Washington-Baldwin County Line intersects the Washington-Wilkinson County Line; thence continuing Southeasterly along the Washington-Wilkinson County Line which follows the centerline of the Oconee River to a point where the centerline of the Oconee River intersects the Washington-Johnson County Line; thence continuing in a Northeastly direction along the Washington-Johnson County Line to a point of beginning where the Washington-Johnson County Line intersects the centerline of County Road 346, known as the Hurst Road. (c) 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. (d) Any part of the Washington County School District which is not included in any of the education districts described in subsection (b) of this section shall be included within that education district contiguous to that part and containing the least population according to the United States decennial census of 1980 for the State of Georgia. Section 3 . (a) No person shall be a member of the board if that person is ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) The member of the board who is chairman of the board may reside anywhere within the Washington County School District and shall be elected by a majority of the qualified voters of the Washington County School District voting at the election for that office. In the event the chairman ceases, during that person's

Page 3768

term of office, to be a resident of the Washington County School District, that office shall thereupon become vacant. (c) Each member of the board, other than the chairman, shall reside within the education district from and to which that person is elected and shall be elected by a majority of the qualified voters voting in that district and not at large. At the time of qualifying for the election to the office of member of the board, other than the chairman, each candidate shall specify the education district for which that person is a candidate. Any person offering as a candidate for member of the board, other than the chairman, shall have been a resident of the district for which that person is a candidate for at least six months prior to that person's election thereto. In the event any member of the board other than the chairman ceases, during that person's term of office, to be a resident of the education district from which that person was elected, that respective office shall thereupon become vacant. Section 4 . (a) At the state-wide general election in November, 1992, the first members of the board shall be elected as provided in this Act. At such election one person shall be elected chairman of the board and one person shall be elected as a member from each education district described in Section 2 of this Act. Those members of the reconstituted board elected thereto in 1992 as provided in this subsection shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1994, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide November general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and serve for terms of office of four years each. Members of the board shall serve for the terms of office specified in this Act and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 5 . (a) In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board, whether the vacancy is in the office of chairman or any other member, for any

Page 3769

reason other than expiration of term, that vacancy shall be filled as provided in this subsection: (1) If the vacancy occurs within the first two years of the 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 Washington 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 subsection, 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; and (3) 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 subsection. (b) A person shall not be eligible to be appointed or elected to fill a vacancy in Education District 1, 2, 3, or 4 unless that person meets the residency requirements for that district and, if elected, is elected by the voters voting in only that district. Section 6 . Members of the Board of Education of Washington County shall be compensated as provided in Code Section 20-2-55 of the O.C.G.A. Section 7 . (a) The term of office of the school superintendent of the Washington County School District who is in office on

Page 3770

January 1, 1991, or any person filling a vacancy in such office, shall expire December 31, 1992, and upon the election and qualification of a successor. That successor shall be elected at the state-wide November general election in 1992, shall take office January 1, 1993, and shall serve for a term of office which expires December 31, 1996, and upon the appointment and qualification of a successor. Thereafter, future school superintendents of the Washington County School District shall be appointed by the Board of Education of Washington County rather than elected; and no regular election for school superintendent of the Washington County School District shall be held after the state-wide November election in 1992. In the event of a vacancy occurring on or after January 1, 1993, 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 but such term may not extend beyond the term of office of the members of the board who approved that contract. 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. (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 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Washington County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Washington County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the presidential preference primary held in 1992 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 Washington County. The ballot shall have written or printed thereon the words:

Page 3771

() YES () NO Shall the Act be approved which provides for an elected school board and an appointed school superintendent of the Washington 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, those provisions of this Act relating to and necessary for electing the first members of the board in 1992 and Section 7 of this Act shall become of full force and effect immediately 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. The expense of such election shall be borne by Washington County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . Sections 1 through 7 of this Act shall only become effective as provided in Section 8 of this Act. The remaining provisions of this Act shall become effective July 1, 1991. 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 1991 session of the General Assembly of Georgia a bill to provide for an elected school board and an appointed school superintendent of the Washington County School System; to provide for a referendum and for other purposes. This 31st day of January, 1991. Honorable Jimmy Lord Representative, 107th District

Page 3772

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 31, 1991. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 14th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BEN HILL COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; TERM; REFERENDUM. No. 90 (House Bill No. 737). AN ACT To provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; to provide that the term of future school superintendents shall be contractually agreed upon by the board and the superintendent for no more than four years; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for the submission

Page 3773

of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The school superintendent of the Ben Hill County School District in office on November 1, 1991, shall serve out the term for which he was elected and no election for school superintendent shall be held in 1992 or thereafter. All future school superintendents of the Ben Hill County School District shall be appointed by the Ben Hill County Board of Education. The term of each school superintendent appointed by the board shall be contractually agreed upon by the board of education and the superintendent for no more than four years. No such contract shall preclude the removal of the school superintendent during a tenure of office in any manner authorized by statute, and any such contract shall provide that the board of education may remove the school superintendent from office for good cause after notice and hearing. Section 2 . 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 September 1, 1992. If, however, on or before September 1, 1992, this Act shall have been precleared by the United States Department of Justice pursuant to the federal Voting Rights Act of 1965, then this Act shall be effective and shall be of full force and effect, except as is provided by Section 3 of this Act. Section 3 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Ben Hill County shall call and conduct an election for the purpose of submitting this Act to the electors of the Ben Hill County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ben Hill County. The ballot shall have written or printed thereon the words:

Page 3774

() YES () NO Shall the Act be approved which provides that future school superintendents of the Ben Hill County School District shall be appointed by the board of education rather than elected by the voters? 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 Ben Hill County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . It shall be the duty of the Ben Hill County School District to submit this Act to the United States Department of Justice for review under the federal Voting Rights Act of 1965. It shall be the duty of the Ben Hill County Board of Education to direct and ensure that such submissions are made in a timely manner. It shall be the duty of the Ben Hill County Board of Education to ensure that such submission has been completed as soon as practicable after the Governor approves this Act or after it becomes law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the Regular 1991 Session of the General Assembly of Georgia a bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the Board of Education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; to provide that the term of further school superintendents shall be contractually agreed upon by the Board and the superintendent at no more than four (4)

Page 3775

years; to provide for a referendum; to provide for the submission of this Act under the Federal Voting Rights Act of 1965; and for other purposes. This 11th day of January, 1991. /s/ Gene Harper, Superintendent, Ben Hill County School District. STATE OF GEORGIA COUNTY OF Ben Hill AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, who having been duly sworn, deposes and says on oath that he is Publisher of Herald-Leader, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Hearald-Leader, a local newspaper of general circulation in Ben Hill County, Georgia, on January 16, 1991. This 31 day of January, 1991. /s/ Gerald W. Pryor PUBLISHER Sworn to and subscribed before me this 31st day of January, 1991. /s/ Mary E. Martin Notary Public, Ben Hill County, Georgia My Commission Expires Jan. 8, 1994 (SEAL) Approved April 4, 1991.

Page 3776

CITY OF SAVANNAH AND CHATHAM COUNTYBOARD OF PUBLIC EDUCATION; MEMBERS; ELECTION; VACANCIES; REFERENDUM. No. 91 (House Bill No. 740). AN ACT To amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the provisions regarding the filling of vacancies; 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 providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking from Section 2 the following: Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled by the remaining members of the board electing a successor from the district in which the vacant member resided to serve until the next general election, at which time there shall be elected by the electors of the respective education district a successor to serve out the unexpired term of office in which the vacancy shall occur; provided that if the vacancy occurs in a post for which the term of office would regularly expire within 60 days subsequent to the next general election which falls after the vacancy occurs, then the successor who has been named by the remaining members of the board to fill said vacancy shall serve out the remainder of the unexpired term of office in which the vacancy shall occur and until his successor shall be duly elected and qualified; and provided further that in the event a vacancy occurs after the qualifying date of the first general election held following the vacancy, the successor who has been named by the remaining members of the board shall hold office until his

Page 3777

successor is regularly elected and qualified as hereinbefore set forth. In the event a person moves his residence from his district, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies., and inserting in its place the following: Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled in the manner specified by Code Section 20-2-54.1 of the O.C.G.A., as amended. 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 the City of Savannah and Chatham County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1992, 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which revises the method of filling vacancies on the Board of Public Education for the City of Savannah and County of Chatham? 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 3778

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 . 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 his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication [UNK] Savannah Morning News [UNK] Savannah Evening Press Personnally appeared before me, Van Wilkerson, to me known, who being sworn, deposes and says: That he is the Classified Adv Mgr of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan 16, 1991, 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of

Page 3779

Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended; to repeal conflicting laws; and for other purposes. This 11th day of January, 1991. Anne Mueller, Honorable Anne Mueller Representative, 126th District Honorable Sonny Dixon Representative, 128th District appeared in each of said editions. /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 16 day of January, 1991. /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 Approved April 4, 1991. CATOOSA COUNTYBOARD OF ELECTIONS AND REGISTRATION; MEMBERS; QUALIFICATIONS; CHAIRMAN; REMOVAL; VACANCIES. No. 92 (House Bill No. 752). AN ACT To amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), so as to change the provisions relating to qualifications of members of the board; to change the provisions relating to selection of the chairman of the board; to change the provisions relating to removal of members from the board; to change the provisions

Page 3780

relating to vacancies; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: 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 or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible to serve as a member of the board during the term of such elective office or within two years after such active political participation as described above, 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 above-described political activity. This subsection shall not prohibit a nonelective employee of the county governing authority 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

Page 3781

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 the judicial circuit that includes Catoosa County. (f) The chief judge of the superior court of the judicial circuit that includes Catoosa County shall select one of the members to serve as chairman. Section 2 . Said Act is further amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows: Section 4. 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 chief judge of the superior court of the judicial circuit that includes Catoosa County at any time, for cause, after notice of the right to have a timely hearing, in the same manner and by the same authority as provided for removal of registrars. Section 3 . Said Act is further amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows:

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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 chief judge of the superior court of the judicial circuit that includes 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 4 . This Act shall become effective on July 1, 1991, except that for purposes of making initial appointments to the board, it shall become effective on May 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371); and for other purposes. This 22 day of January, 1991. 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 30, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District

Page 3783

Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CATOOSA COUNTYBOARD OF UTILITIES COMMISSIONERS; ELECTION; TERMS; MEETINGS OF CONSUMER MEMBERS. No. 93 (House Bill No. 753). 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, 1990 (Ga. L. 1990, p. 4427), so as to change the provisions relating to selection of the members of the board and their terms of office; to change the provisions relating to meetings of consumer members; 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, 1990 (Ga. L. 1990, p. 4427), 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

Page 3784

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, 1991, 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 1991, 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 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. on 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 1:00 P.M. and shall end at 6:00 P.M. General business may be conducted beginning at 5:00 P.M. on the date of such election. No votes shall be counted until the period for voting has expired. If any candidate fails to receive a majority of the votes cast, a run-off election shall be conducted two weeks following the initial vote. Such run-off election shall be conducted in the same manner and the period for voting shall be the same as the initial election

Page 3785

except that the call shall be issued immediately following the announcement of the results of the initial vote and only the names of the two people receiving the highest and the second highest number of votes in the initial election shall be placed on the run-off ballot. As used in this Act, the term `consumer member' means an individual named on a utility account or his or her spouse or, if the account is a corporate account, one representative from the corporation. Each consumer member shall have one vote, regardless of the number of properties owned by or utility meters in the name of such member. 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4427); and for other purposes. This 23 day of January, 1991. McCracken Poston, Jr. Representative, 2nd District GEORGIA, FULTON COUNTY

Page 3786

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 30, 1991. /s/ McCracken Poston, Jr. Representative, 2nd District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF MOUNT ZIONCORPORATE LIMITS. No. 94 (House Bill No. 754). AN ACT To amend an Act providing a new charter for the City of Mount Zion in Carroll County, approved March 24, 1978 (Ga. L. 1978, p. 4171), as amended by an Act approved March 15, 1988 (Ga. L. 1988, p. 3944), so as to provide for the corporate limits of the city and the inclusion of certain territory therein; to change the numbering of a certain section of said 1978 Act added by said 1988 amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3787

Section 1 . An Act providing a new charter for the City of Mount Zion in Carroll County, approved March 24, 1978 (Ga. L. 1978, p. 4171), as amended by an Act approved March 15, 1988 (Ga. L. 1988, p. 3944), is amended by redesignating Section 2.1 of said 1978 Act, as added by said 1988 amended Act, as Section 1.12.1, such redesignated Section 1.12.1 to be located between Sections 1.12 and 1.13 Section 2 . Said Act is further amended by adding, between said redesignated Section 1.12.1 and Section 1.13, a new Section 1.12.2 to read as follows: Section 1.12.2. In addition to the property described in the foregoing sections of this charter, the corporate limits of the City of Mount Zion shall include the tracts of land more fully described as follows: TRACT 1 All that tract or parcel of land, lying and being in original Land Lot No. 180 of the 10th District of Carroll County, Georgia containing 8.20 acres, more or less, and described as BEGINNING at a point on the south original line of Land Lot 180 at a point which is situated 1230 feet, more or less, west of the southeast corner of Land Lot 180 at the corner of the property now or formerly belonging to one Mr. E. F. Johnson and marked by an iron pin; thence west along the south line of Land Lot 180 for a distance of 861 feet to an iron pin corner; thence northerly ahnd parrallel to the west line of original Land Lot 180 a distance of 420 feet to an iron pin corner; thence easterly a distance of 861 feet, more or less, but specifically to an iron pin corner at the property now or formerly belonging to Mr. E. F. Johnson; thence southerly along said Johnson line a distance of 420 feet to an iron pin which is the point of beginning, and being a portion of the property conveyed by Stanley L. Crawford to James W. Wallis by deed recorded in Deed Book 128, page 155, Carroll County Deed Records, and a part of the property that was passed by the will of James W. Wallis to Mary Lou Wallis, and being the same property described in a deed from Mary Lou Wallis to Juderal Hall and wife, Nancy N. Hall, dated February 11, 1969, recorded in Deed Book 206, page 152;n said property has situated thereon in

Page 3788

1972 one one-story, 6 room and bath asbestos exterior wall dwelling and other improvements. TRACT 2 All that tract or parcel of land lying and being in Land Lot 180 of the 10th District of Carroll County, Georgia and being more particularly described as follows: BEGINNING at the southeast corner of said land lot 180, thence westerly along the south original line of said land lot 1230 feet to an iron pin; thence continuing west along said southerly land lot line 320 feet to a point and the True Point of Beginning; thence continuing westerly along said southerly land lot line 200 feet to a point; thence northerly and parallel to the west line of land lot 180 a distance of 420 feet to a point; thence easterly and parallel to the southerly land lot line of said land lot 180 200 feet to a point; thence southerly and parallel to the west line of land lot 180 420 feet to a point and the True Point of Beginning. TRACT 3 All that tract or parcel of land lying and being in Land Lot 340 of the Seventh Land District of Carroll County, Georgia and being more particularly shown in that certain plat recorded in Plat Book 31, page 149, Carroll County, Georgia records, entitled `Plat for L. C. McElroy' dated April 13, 1987 and filed May 6, 1987 prepared by William Alexander, Georgia Registered Land Surveyor. Said tract of land consist of approximately 24.10 acres. Said plat and the reference thereto are incorporated herein for a more complete description. This is the same property as described in a deed between Julia McElroy Prince, as the Executrix of the Last Will and Testament of Lizzie Mae McElroy, deceased, to Joel Clinton Prince, recorded in Deed Book 564, page 459 of the Carroll County, Georgia Records. This is the same property as described in a deed between Julia McElroy Prince, as the Executrix of the Last Will and Testament of Lizzie Mae McElroy, deceased, to

Page 3789

Juanita Prince Ivey recorded in Deed Book 564, page 462 of the Carroll County, Georgia Records. TRACT 4 All that tract or parcel of land consisting of fifty acres more or less in the northwest corner of lot no. two hundred and one (201) in the Tenth District of Carroll County, Georgia and described as follows, beginning at the northwest corner of said lot and running east to the branch thence down the west side of the branch in a southerly direction to J. J. Attaway line thence west along said Attaway line to the original line on the west thence north said original line to the starting point. TRACT 5 (A) All that tract or parcel of land lying and being in the 10th District, containing 36 acres, more or less, in Land Lot No. 180, bounded on the North by land of C. O. Holmes and C. R. Windom, on the East by Lands of C. R. Windom, on the East by Lands of C. R. Windom, on the South by lands of G. B. Upchurch and on the West by lands of Amos Cook, containing in the aggregate 134 acres, more or less, all as shown by plat prepared by T. A. Cook, Surveyor, which appears of record in Deed Book 66, page 485, records of Carroll County, Georgia, which plat and the record thereof are by reference incorporated herein for a more particular description, and being the same property conveyed by Deed Recorded in Deed Book 111, page 119, Records of Carroll County, Georgia. (B) All that tract or parcel of land lying and being in the 10th District of Carroll County, Georgia, described as BEGINNING at a point on the Bowdon and Mt. Zion Public Road where Sam Daniel's west line crosses said road on Lot 180 and run south along said line 108 rods and 4 feet to the south line of said lot; thence west along it and the south line of lot No. 179 a distance of 201 rods and 6 feet to where said Bowdon Road and Mt. Zion Public Road crosses said last named line; thence northeasterly and easterly back along said road to the starting point, containing in all 61 acres, more or less; being 44 acres, more or less, in the

Page 3790

southwest corner of lot 180 and 17 acres, more or less in the southeast corner of Lot 179. All lying and being in the 10th District of Carroll County, Georgia. There is hereby excepted from the above described tract of land one-half acre lying and being in the northeast corner of the 17 acre tract used for a cemetery. ALSO, EXCEPT AND EXCLUDING a tract of 10 acres, more or less, conveyed by Stanley L. Crawford to Harvey Garrett October 10, 1953 and recorded March 31, 1954; in Book 105, page 63, Carroll County Georgia Public Records, which deed to said 10 acre tract so excluded is by reference incorporated herein for a more particular description of said 10 acre tract. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice to Apply for Local Legislation Expanding, enlarging and increasing the City of Mount Zion, Georgia and defining the Municipal Limits of the City of Mount Zion, Georgia. Notice is hereby given of intention to apply to the 1991 General Assembly of Georgia for the passage of local legislation, expanding, increasing and enlarging the City Limits of the City of Mount Zion, Georgia and to define the City Limits of the City of Mount Zion, Georgia. /s/ Clyde N. McWhorter, Mayor of City of Mount Zion, Georgia 30150 AFFIDAVIT GEORGIA Carroll County To Whom It May Concern:

Page 3791

This is to certify that the legal notice attachment hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 1-10 1-11. Sworn to on this 31st day of January, 1991 /s/ Fred Lister Publisher Sworn to and subscribed before me this 31st day of Jan, 1991 /s/ Tracy Gore Greene Notary Public My Commission Expires Oct. 3, 1994 (SEAL) Notice To Petitioners For Annexation Resident Electors and Land Owners. The Mayor and Council of the City of Mount Zion, Georgia shall hold a public hearing on the application of certain citizens and a election to annex a certain tract of land, described in Exhibit A of the application to annex, now on file with the Mayor and Council of the City of Mount Zion, Georgia. The Mayor and Council of the City of Mount Zion, Georgia having determined that the petition for annexation is valid and meets the requirements of Official Code of Georgia Section 36-36-26, Ga. Code Annotated Section 69-906. This is to give notice that a public hearing will be held at the Council Room of the City Hall at 7:00 p.m. on January 28, 1991. At the public hearing, all persons resident or owning property in the area proposed for annexation may be heard on the question of the annexation of the area by the City of Mount Zion, Georgia. s/ Clyde N. McWhorter, Mayor City of Mount Zion, Georgia 30150.

Page 3792

AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attachment hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 1-6 1-8 Sworn to on this 31st day of January, 1991 /s/ Fred Lister Publisher Sworn to and subscribed before me this 31st day of Jan, 1991 /s/ Tracy Gore Greene Notary Public My Commission Expires Oct. 3, 1994 (SEAL) Approved April 4, 1991. DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITYMEMBERS; APPOINTMENT; ELECTION; TERMS; TAX COLLECTION. No. 95 (House Bill No. 764). AN ACT To amend an Act creating the Downtown Waycross Development Authority, approved April 25, 1975 (Ga. L. 1975, p. 4637), as amended, so as to change the composition of the Authority; to

Page 3793

provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Downtown Waycross Development Authority, approved April 25, 1975 (Ga. L. 1975, p. 4637), as amended, is amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Authority shall be composed of eight members to be appointed and elected as hereinafter provided. One member shall be appointed by the City Commission of the City of Waycross from its membership. One member shall be appointed by the Ware County Board of Commissioners from its membership. 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 hereof. The three remaining members of the Authority shall be elected by owners of business establishments with a place of business located within the Downtown Waycross 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 members appointed by the City Commission and the Board of Commissioners, who shall serve for one year. Section 2 . Said Act is further amended by striking in its entirety subsection (j) of Section 6 and inserting in lieu thereof a new subsection (j) to read as follows: (j) To contract with the City of Waycross or Ware County for the collection of any taxes levied by the Authority;. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 3794

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Downtown Waycross Development Authority approved April 25, 1975, as amended; and for other purposes. This 11th day of February, 1991. Harry Dixon Rep. 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 16, 1991. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3795

BANKS COUNTYCORONER; COMPENSATION. No. 96 (House Bill No. 766). 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 provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a 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 investigation, payable by the governing authority of Banks County out of the funds of Banks County. Section 2 . This Act shall become effective 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 1991 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 4 day of February, 1991. Milton Patterson

Page 3796

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County, on the following date: February 6, 1991. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. WALKER COUNTY WATER AND SEWER UTILITY AUTHORITYCREATION. No. 97 (House Bill No. 770). AN ACT To create the Walker County Water and Sewer Utility Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the Authority and authorize certain contracts and agreements; to provide for the membership and for appointment of members of the Authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation and expenses; to provide for the organization, meetings, and quorum of the Authority; to

Page 3797

authorize the Authority to contract with others regarding its functions 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 provide for revenue bonds and other obligations of the Authority 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 for sinking funds and trust funds; to provide for rates, charges, and revenues; to provide that no debt of Walker County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the Authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for rules and regulations; to provide for immunity from liability; to provide for statutory construction and the effect on other governments and authorities; to provide for the validation of bonds; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Walker County Water and Sewer Utility Authority Act. Section 2 . Walker County Water and Sewer Utility Authority. (a) There is created a body corporate and politic, to be known as the Walker County Water and Sewer Utility Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. The Authority shall have perpetual existence.

Page 3798

(b) The Authority shall consist of five members who shall be appointed by the commissioner of Walker County. One member shall be a resident of the City of LaFayette, one member shall be a resident of the City of Chickamauga, and one member shall be a member or designee of the Walker County Water and Sewerage Authority established by an Act approved March 23, 1977 (Ga. L. 1977, p. 3303), as amended. The commissioner of Walker County shall be eligible and qualified to be appointed and serve as a member of the Authority, and the commissioner may appoint himself as one of the members of the Authority. The initial members of the Authority shall be appointed by the commissioner of Walker County as follows: one member shall be appointed for a term of office expiring on June 1, 1992; one member shall be appointed for a term of office expiring on June 1, 1993; one member shall be appointed for a term of office expiring on June 1, 1994; one member shall be appointed for a term of office expiring on June 1, 1995; and one member shall be appointed for a term of office expiring on June 1, 1996. The initial members of the Authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by said commissioner of Walker County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years and until his respective successor is duly appointed and qualified. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments the members of such Authority shall enter upon their duties. The members of the Authority shall be entitled as compensation for their services an amount not to exceed $2,400.00 per year, payable in equal monthly payments, except the chairman, who shall be entitled to receive for his services an amount not to exceed $2,700.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority. (c) To be eligible for appointment as a member of the Authority a person shall be at least twenty-one years of age, a resident of Walker County for at least one year prior to the date of his appointment, and shall not have been convicted of a felony.

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(d) The commissioner of Walker County shall be the chairman of the Authority, if the commissioner is a member of the Authority. If the commissioner is not a member of the Authority, the members of the Authority shall elect one of their number as chairman. Also, the members of the Authority shall elect one of their number as vice chairman and shall also elect a secretary, who need not be a member of the Authority, and may also elect a treasurer, who need not be a member of the Authority. The secretary may also serve as treasurer. If the secretary, treasurer, or neither is a member of the Authority such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. (f) In the event of a vacancy by reason of death, disqualification, resignation or other reason, the commissioner of Walker County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his residence from Walker County, who moves his residence from the City of LaFayette or Chickamauga if he was appointed as a resident of such city pursuant to subsection (b) of this section, who is convicted of any act of misfeasance, malfeasance or nonfeasance of his duties as a member of the Authority or who fails to attend any regular or special meeting of the Authority for a period of six months without excuse approved by a Resolution of the Authority. Section 3 . Definitions. (a) As used in this Act, the term: (1) Authority means the Walker County Water and Sewer Utility Authority created by this Act.

Page 3800

(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, 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 expense, 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 placing of any project 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. (3) Project means 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 Walker County, and the operation, maintenance, additions, improvements and extension of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. The word project shall also mean and include the acquisition, construction and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Walker 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 or convenient for the efficient operation of a

Page 3801

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 means revenue bonds as defined and provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition, shall also mean obligations of the Authority the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving, extending, or 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: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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

Page 3802

under the Authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts 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 and public authorities are authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties and other political subdivisions and to the Authority to enter into contracts, lease agreements or other undertakings relating to the furnishing of water and related services and facilities by the Authority to such municipal corporations, counties and political subdivisions or for the purchase of water by the Authority therefrom for a term not exceeding fifty 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 the Authority and public bodies including counties and cities outside the State of Georgia;

Page 3803

(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant 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; (g) To accept loans, grants, or both, 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; (h) To accept loans, grants, or both, 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; (i) 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; (j) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and approve, execute and deliver appropriate evidence of such indebtedness, provided, no such power is in conflict with the Constitution or general laws of this state; and (k) 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 defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided

Page 3804

for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding forty 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 secretary of the Authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their

Page 3805

transfer and the income therefrom shall be exempt from all taxation within the state. Section 9 . Same; sale; price; proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds under 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 or adjourned meeting of the Authority by a majority of its members. Section 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Walker County nor a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

Page 3806

Section 14 . Trust indenture as security. In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15 . To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes

Page 3807

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 in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent for paying principal and interest and other investment charges, 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 maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act

Page 3808

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 other 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 Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and the state and any municipality, county, authority, political subdivision or instrumentality if a party to the validation proceedings, contracting with the said Walker County Water and Sewer Utility 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 Walker County, Georgia, and any action pertaining to

Page 3809

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 bond holders 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, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bond, nor will the state itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23 . Purpose of the Authority. Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Walker County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the Authority from selling and delivering water directly to consumers in those areas where water distribution systems do not now exist or furnishing sewer facilities to such customers, and areas where neither any county, municipality, or public authority deems it desirable or feasible to furnish water or sewerage services in such locality. The Authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies or governmental instrumentalities of adjoining

Page 3810

states, providing the laws of the adjoining states do not prohibit or tax said activity. The Authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality, and likewise, the Authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24 . Rates, charges and revenues; use. The Authority is authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a water system, a sewerage system or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. 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, acquired, or both, under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26 . Tort immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Walker County; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Walker County when in the performance of their public duties or work of the county.

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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 and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28 . Effect on other governments. This Act shall not and does not in any way take from Walker 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. Section 29 . Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 30 . Severability; 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 31 . Repeal. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for the Walker County Water and Sewer Utility Authority, for the provision of water and sewerage services; and for other purposes. This 6th day of February, 1991. HONORABLE MICHAEL SNOW REPRESENTATIVE, 1st DISTRICT GEORGIA, FULTON COUNTY

Page 3812

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 13, 1991. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DOUGHERTY COUNTYPROBATE COURT; JUDGE; COMPENSATION. No. 98 (House Bill No. 771). AN ACT To amend an Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, so as to change the provisions relating to the salary of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3813

Section 1 . An Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, is amended by striking paragraph (2) of subsection (b) of Section 2 of said Act and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Notwithstanding the provisions of paragraph (1) of this subsection, if the probate court in Dougherty County is subject to and operates pursuant to the provisions of Article 6 of Chapter 9 of Title 15 of the O.C.G.A., the judge of the Probate Court of Dougherty County shall receive an annual salary of $48,460.00. On the first day of January of 1992 and on such date each year thereafter, the annual salary of the judge for the immediately preceding calendar year shall be increased by the same percentage or minimum amount, whichever is greater, provided for full-time employees of the executive branch of state government by an appropriations Act of the General Assembly for the fiscal year beginning on the previous first day of July. Section 2 . This Act shall become effective April 1, 1991. Section 3 . All laws and parts of laws in conflicting with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended; and for other purposes. This 18th day of February, 1991. Honorable Tommy Chambless Representative, 133rd District February 18, 1991 GEORGIA, FULTON COUNTY

Page 3814

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following date: February 15, 1991. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF MARIETTACORPORATE LIMITS. No. 99 (House Bill No. 781). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4660), 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4660), 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 of the 17th District, 2nd Section of Cobb County, Georgia, being Lot 4, Block `A' of Section 2, MEADOWBROOK SUBDIVISION, as per plat recorded in Plat Book 13, Page 64, Cobb County Records, and more particularly described as follows: BEGINNING at a point on the west line of Land Lot 650, 262.8 feet south from the northwest corner of said Land Lot; running thence South along said Land Lot Line 80 feet; thence East 150 feet to the west side of Meadowbrook Drive; running thence North along the west side of Meadowbrook Drive 80 feet; thence West 150 feet to the west line of Land Lot 650 and the Point of Beginning. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduce at the regular 1991 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Marietta, Georgia, in Cobb County, and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541); as amended; and for other purposes. This 2nd day of December, 1990.

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/s/ Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 7, 1990. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 15th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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DAWSON COUNTYSHERIFF; COMPENSATION. No. 100 (House Bill No. 787). AN ACT To amend an Act placing the sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3867), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the sheriff of Dawson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2258), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3867), 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 of Dawson County shall receive a salary of $29,500.00 per annum, payable in equal monthly installments from the funds of Dawson County. Beginning January 1, 1990, the salary of the sheriff shall be increased 3 percent on the first day of January each year. (b) Notwithstanding any other provisions of this section, the per annum salary of the sheriff of Dawson County shall be increased by $5,000.00 on the day this Act is approved by the Governor or on the day this Act becomes law without such approval. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1991 Session of the General Assembly of Georgia a local bill to amend the Act placing the Sheriff of Dawson County, on an annual salary approved February 28, 1966 (Ga. L. 1966, p. 2258), so as to change the compensation of said officer, and for other purposes. This the 8th day of February, 1991. /s/ J. David Burroughs County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertizer which is the official organ of Dawson County, on the following date: February, 14, 1991. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 15th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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LAMAR COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTION. No. 101 (House Bill No. 789). 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, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4022), so as to provide for the nonpartisan election 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 to make provisions for the Magistrate Court of Lamar County, approved March 21, 1984 (Ga. L. 1984, p. 4561), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4022), is amended by striking subsection (a) of Section 1 and inserting in its place a new subsection (a) to read as follows: (a) The chief magistrate shall be elected by the voters of the county in a nonpartisan election at the general election next preceding the expiration of the term of the incumbent chief magistrate. 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 3820

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1991 regular session of the Georgia General Assembly a bill to provide for the non-partisan election for the chief magistrate of Lamar County; to provide for the related matters; and for other purposes. This 11th day of February, 1991. 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: February 13, 1991. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 19th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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LAMAR COUNTYMANAGER; REPEAL. No. 102 (House Bill No. 790). AN ACT To repeal an Act creating the office of county manager of Lamar County, approved March 19, 1987 (Ga. L. 1987, p. 4399); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the office of county manager of Lamar County, approved March 19, 1987 (Ga. L. 1987, p. 4399), is repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to repeal an Act creating the office of county manager of Lamar County, approved March 19, 1987 (Ga. L. 1987, p. 4399); to repeal conflicting laws; and for other purposes. This 8th day of February, 1991. /s/ Larry Smith 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

Page 3822

which is the official organ of Lamar County, on the following date: February 13, 1991. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 19th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. OCONEE COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; TERM; CONTRACT. No. 103 (House Bill No. 800). AN ACT To provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; to provide that the term of future school superintendents may be contractually agreed upon by the board and the superintendent for no more than four years; to provide that the board of education may provide for the school superintendent to serve at the pleasure of the board; to provide for other 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:

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Section 1 . The school superintendent of the Oconee County School District in office on the effective date of this Act shall serve out the term for which elected. All future school superintendents of the Oconee County School District shall be appointed by the Oconee County Board of Education. The term of each school superintendent appointed by the board may be contractually agreed upon by the board of education and the school superintendent, but such term shall be for no more than four years; or the board may provide for the school superintendent to serve at the pleasure of the board. No such contract shall preclude the removal of the school superintendent during a tenure of office in any manner authorized by statute, and any such contract shall provide that the board of education may remove the school superintendent from office for good cause after notice and hearing. Section 2 . The first superintendent appointed by the board shall be appointed at the first meeting of the board held after the expiration of the term of office of the superintendent holding office on the effective date of this Act. In the event the office of school superintendent becomes vacant by reason of death, resignation, or otherwise prior to the expiration of the term of office of the superintendent holding office on the effective date of this Act, such vacancy shall be filled by the board appointing a school superintendent at the first meeting of the board held after said office becomes vacant. Any county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents, except as otherwise provided in this Act. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Oconee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Oconee County School District for approval or rejection. The election superintendent shall conduct that election on November 5, 1991, 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 Oconee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that future school superintendents of the

Page 3824

Oconee County School District shall be appointed by the board of education rather than elected by the voters be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Oconee County. It shall be the duty of the election superintendent to hold and conduct such election and 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 1991 session of the General Assembly of Georgia a bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected; to provide that the current school superintendent shall serve out the term for which he was elected; and for other purposes. This 11th day of February, 1991. OCONEE COUNTY BOARD OF EDUCATION By: S. H. Sanders, Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is

Page 3825

the official organ of Oconee County, on the following date: February 14, 1991. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF CANTONMAYOR AND COUNCIL; ELECTIONS; TERMS; APPOINTED OFFICERS; VACANCIES; CLERK; ORDINANCES; TAX EXECUTIONS. No. 104 (House Bill No. 802). AN ACT To amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to change certain provisions regarding the appointment of certain officers; to change the manner of filling vacancies; to change certain provisions regarding the clerk and treasurer; to change certain provisions regarding ordinances; to delete certain provisions regarding tax returns and inspections thereof; to change certain provisions regarding executions for delinquent taxes; to repeal conflicting laws; and for other purposes.

Page 3826

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by striking Section 12 and inserting in its place a new Section 12 to read as follows: Section 12. Council; composition; terms of office. The government of the City of Canton shall be vested in a mayor and six councilmen. The mayor and councilmen shall be elected in the manner specified by subsection (a) of Code Section 21-3-62 of the O.C.G.A. The mayor and three councilmen from Wards 1, 2, and 3 elected in December, 1990, shall have their terms expire on December 31, 1993. On the Tuesday next following the first Monday in November of 1993, and every four years thereafter, the successors to the mayor and such three councilmen shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. The three councilmen from Wards 1, 2, and 3 elected in December, 1991, shall have their terms expire on December 31, 1995. On the Tuesday next following the first Monday in November of 1995, and every four years thereafter, the successors to such councilmen shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. This body while sitting shall be known as the mayor and council. Section 2 . Said Act is further amended by striking Section 12.2 in its entirety. Section 3 . Said Act is further amended by striking Section 13 and inserting in its place a new Section 13 to read as follows: Section 13. Ordinance enactment; appointed officers. The mayor and council shall pass all ordinances, laws, rules, and regulations for the better management of said municipality as authorized in this Act; shall make all contracts allowed; shall have general supervision and control of its affairs; shall elect a clerk of council, treasurer, judge; may employ an attorney at

Page 3827

law to look after the legal interest of said corporation and to represent it in any legal proceedings in any court and may engage an attorney to assist in the prosecution of his duties; may appoint such other officers and committees as may be necessary for the better administration of its affairs, and shall fix the salary and fees to be paid to any such officers or employees; and shall assess, levy, and collect all taxes due said city. Section 4 . Said Act is further amended by striking Section 19 and inserting in its place a new Section 19 to read as follows: Section 19. Vacancies. In the event of a vacancy occurring in the office of mayor or councilman 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 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 municipal governing authority 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 the City of Canton 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 municipal governing authority 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; and

Page 3828

(3) The provisions of Chapter 3 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. Section 5 . Said Act is further amended by striking Section 23 and inserting in its place a new Section 23 to read as follows: Section 23. Clerk. The mayor and council shall at its first meeting elect a clerk, to be known as the clerk of council. He shall have the custody of the books and seal; shall keep and record in a book of ordinances all of the ordinances and laws passed by the mayor and council; shall keep and record in a book of minutes a full proceeding of all of the acts and doings of the mayor and council; shall issue certified copies of anything of record; shall issue any execution for any unpaid taxes ordered by the mayor and council; shall with the mayor sign any deed, conveyance, and contract ordered and authorized by the mayor and council; shall issue any license authorized and directed by the mayor and council, upon the presentation of a receipt from the treasurer showing that any tax for such license has been paid; and shall perform such other duties as the mayor and council may place upon him, including the duties of treasurer; his books may be inspected by the mayor and council at any time. The mayor and council may fix a bond to be given by him to faithfully perform his duties. He shall receive all money belonging to said corporation; shall collect all taxes with the aid of the chief of police; shall pay out all money for municipal purposes under the direction of the mayor and council; and shall keep a book showing the amount of money collected, from what source, how the same was paid out, and for what purpose. Section 6 . Said Act is further amended by striking Section 24 in its entirety. Section 7 . Said Act is further amended by striking Section 28 and inserting in its place a new Section 28 to read as follows: Section 28. Ordinances. The mayor and council shall have authority to pass such ordinances as they deem best and with such penalty as allowed under this Act. All ordinances passed under this Act or to carry out the provisions of this Act may be

Page 3829

passed after two readings before the mayor and council of said city. Section 8 . Said Act is further amended by striking Section 37 and Section 38 in their entirety. Section 9 . Said Act is further amended by striking Section 39 in its entirety. Section 10 . Said Act is further amended by adding a new Section 44 to read as follows: Section 44. Executions for delinquent taxes; levy and sale. The city clerk shall report to the mayor and council any person, firm, or corporation who may be delinquent in the payment of taxes. The mayor and council shall order an execution issued for any amount of tax due, together with a cost of 50 for the execution, which shall be issued by the clerk of council. Any tax execution so issued shall have the same force and effect as any other tax execution in this state and shall be collected by levy and sale. 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 1991 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended; and for other purposes. This 8 day of Feb., 1991. Honorable Steve Stancil Representative, 8th District 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,

Page 3830

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 13, 1991. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 15th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHEROKEE COUNTYBOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 105 (House Bill No. 803). AN ACT To create a board of elections and registration for Cherokee County and provide for its powers and duties; to provide for the composition of the board and the selection, 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 officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to

Page 3831

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: Section 1 . Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Cherokee County Board of Elections and Registration. The board shall have the powers and duties of the former Cherokee County Board of Elections relating 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 Cherokee County. (b) (1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidate at the last preceding regular general election held for the election of Governor, received the largest number of votes in this state for Governor, and two members shall be appointed by the chairman of the county executive committee of the political party whose candidate at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committee or a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office then such member

Page 3832

shall be appointed in accordance with the provisions of subsection (b) of Section 3 of this Act. (2) The person serving as chief registrar of Cherokee County, or his successor, in office on January 1, 1991, shall serve as the fifth member of the board until June 30, 1993. Effective July 1, 1993, the fifth member of the board shall be appointed by a majority vote of the other four members of the board. The initial appointed fifth shall be appointed not later than July 1, 1993. Any successor to such fifth member shall be appointed within 30 days of the party appointed members taking office. The fifth member shall be deemed to be a member at large and shall be the chairman of the board. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of subsection (b) of Section 3 of this Act. (c) The first party appointed members of the board shall be appointed for initial terms of office beginning July 1, 1991, and ending December 31, 1994. The first appointed fifth member succeeding the chief registrar shall be appointed for an initial term beginning July 1, 1993, and ending December 31, 1994. After the initial terms of office, successors to members whose terms are 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. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or appointment to public office. Section 3 . (a) The appointment or election of each member shall be made by the respective appointing or electing authority's filing with the clerk of the Superior Court of Cherokee County an affidavit which states the name and residential address of the person appointed or elected and certifies that such member has been duly appointed or elected as provided in this Act. The affidavit for the member who has been appointed as chairman of the

Page 3833

board shall also specify that member's chairmanship. 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. (b) If any appointing or electing authority does not, in conformity with this Act, certify an appointment or election to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, then the judge of the Probate Court of Cherokee County shall immediately 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 or electing authority and to the clerk of the Superior Court of Cherokee County. Each member shall be subject to removal from the board by the governing authority of Cherokee 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 . Except as provided in subsection (b) of Section 3 of this Act, 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 respective appointing or electing authority which appointed or elected the member whose position is vacant shall appoint or elect a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Section 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.

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Section 7 . On July 1, 1991, the election superintendent of Cherokee County and the board of registrars of Cherokee County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairman of the board, upon his 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 election superintendent of Cherokee County and the board of registrars and the office of chief registrar of Cherokee County shall be abolished. Section 8 . (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. Section 9 . (a) This 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 to be held at the county courthouse. Any special, called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 10 . (a) The board shall be responsible for the selection and appointment of an administrative director to be known as the elections supervisor to administer and supervise conduct of elections, primaries, and registration of electors for the county. The elections supervisor shall serve at the pleasure of the board. The board shall act within 60 days of its members taking

Page 3835

office under this Act to retain or appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. (b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy. Section 11 . 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 Cherokee County shall have the right to approve the hiring of any such employee. Section 12 . With the consent of the governing authority of Cherokee 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. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern. Section 13 . Compensation for the members of the board, employees of the board, and the elections supervisor shall be fixed by the board with the approval of the governing authority of Cherokee County. Such compensation shall be paid from county funds. Section 14 . The governing authority of Cherokee County shall provide the board and the elections supervisor with proper and suitable offices and equipment. Section 15 . The board is authorized to perform for any municipality located wholly or partially within Cherokee 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.

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Section 16 . 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 17 . 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 18 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create a board of elections and registration for Cherokee County and provide for its powers and duties; to provide for the composition of the board and the selection, 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 meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; 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. This 18th day of Jan. 1991. /s/ Steve Stancil Honorable Steve Stancil Representative, 8th District GEORGIA, FULTON COUNTY

Page 3837

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 23, 1991. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 29th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. COBB COUNTYCOBB COUNTY COMMISSION FOR OPERATION DESERT STORM FAMILY ASSISTANCE; CREATION. No. 106 (House Bill No. 805). AN ACT To create the Cobb County Commission for Operation Desert Storm Family Assistance; to provide for the appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for other matters relative to the commission; to provide for an annual report of the commission; to provide for the termination of the commission; to repeal conflicting laws; and for other purposes.

Page 3838

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is created the Cobb County Commission for Operation Desert Storm Family Assistance. The commission shall be composed of 15 members to be appointed as follows: (1) Six members to be appointed by the Cobb County legislative delegation, three of whom shall reside in the 20th House legislative district and be appointed by members of the delegation who represent such district and three of whom shall reside in the 21st House legislative district and be appointed by members of the delegation who represent such district; (2) Four members to be appointed by the Cobb County legislative delegation, one each from Senate Districts 32, 33, 37, and 56, who shall reside in such district and be appointed by the member of the delegation who represents such district; (3) One member to be appointed by the Cobb County Chamber of Commerce; (4) One member to be appointed by the governing authority of Cobb County; (5) One member to be appointed by the governing authorities of the municipalities in Cobb County; (6) The chairman of the Cobb County Board of Education; and (7) The president of the Cobb County Medical Society or his designee. (b) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission for Operation Desert Storm Family Assistance shall be residents of Cobb County. If a member of the commission moves his or her residence from the

Page 3839

county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment. (c) The executive committee of the commission shall be composed of a member elected by the members of the commission appointed by the Cobb County legislative delegation, the member appointed by the Cobb County Chamber of Commerce, the chairman of the Cobb County Board of Education, and the executive director of the Cobb County Medical Society. Section 2 . The commission shall meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this Act. The members of the commission shall elect a chairman and such other officers as it deems necessary from its membership at the organizational meeting. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operations. The members of the commission shall serve without compensation or reimbursement. Section 3 . The commission shall be authorized to coordinate programs, conduct workshops, and to promote activities to assist the families of citizens of Cobb County who are members of the armed forces and who have been mobilized to active federal service. The commission shall be authorized to coordinate its efforts with public and private agencies, organizations, associations, and individuals to accomplish its purposes. The commission shall be authorized to engage in fundraising activities and to receive, accept, and expend funds from public and private sources to accomplish its purposes. Section 4 . The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Cobb County legislative delegation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County. Section 5 . The commission shall stand abolished on December 31 of the year in which the United States of America ceases military action in the Persian Gulf or on a date which is six months from the date on which the United States of America ceases military action in the Persian Gulf, whichever occurs later.

Page 3840

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 there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the Cobb County Commission for Operation Desert Storm Family Assistance; to provide for matters relative to the commission; and for other purposes. This 8 day of February, 1991. Honorable William A. Atkins Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Atkins, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 9, 1991. /s/ Bill Atkins Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 3841

CITY OF EASTMANCORPORATE LIMITS. No. 107 (House Bill No. 809). AN ACT To amend an Act providing a new charter for the City of Eastman, approved April 11, 1979 (Ga. L. 1979, p. 4593), as amended, so as to extend and increase the corporate limits of the City of Eastman; 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 Eastman, approved April 11, 1979 (Ga. L. 1979, p. 4593), as amended, is amended by adding at the end of Section 3, defining the corporate boundaries of the City of Eastman, a new paragraph to read as follows: ALSO, all that tract or parcel of land lying and being in Land Lot Nos. 305 and 306 in the 16th Land District of Dodge County, Georgia, consisting of 70.53 acres, more or less, and being more particularly described as follows: TO ESTABLISH THE POINT OF BEGINNING, BEGIN at the intersection formed by the Easterly right of way line of Industrial Boulevard and the Southerly right of way line of Industrial Way; thence run South 80 degrees 48 minutes 00 seconds West a distance of 890.50 feet to the POINT OF BEGINNING and from said POINT OF BEGINNING, thus established, run thence South 43 degrees 08 minutes 06 seconds East a distance of 594.83 feet to a point located in the South corner of Land Lot No. 306; thence run South 43 degrees 31 minutes 30 seconds East a distance of 1,536.70 feet to a point; thence run North 47 degrees 26 minutes 21 seconds East a distance of 1,500.10 feet to a point; thence run North 43 degrees 12 minutes 36 seconds West a distance of 1,977 feet to a point located on the Southeasterly right of way line of Industrial Way; thence run along the right of way line of said Industrial Way South 52 degrees 11 minutes 50 seconds West a distance of 1,270.19 feet to a point; thence run South 58 degrees 49 minutes 06 seconds West a distance of 248.59 feet back to the place or POINT OF BEGINNING.

Page 3842

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 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Eastman, approved April 11, 1979 (GA. L. 1979, p. 4593), as amended; and for other purposes. This 31st day of January, 1991. BILL TORRANCE, City Manager AFFIDAVIT GEORGIA, DODGE COUNTY Personally appeared before the undersigned Officer, duly authorized to administer oaths under Georgia Law, came Julia J. Roberts, who, on oath says that he/she is the Publisher of The Times Journal-Spotlight, which is the official organ of Dodge County and which Newspaper has a general circulation in Dodge County, Georgia: And that the above-captioned advertisement was published in said Newspaper on the following dates: February, 7, 1991. So certified this 7th day of February, 1991. /s/ Julia J. Roberts (Publisher)

Page 3843

Sworn to and subscribed before me, this 7th day of February, 1991. /s/ Barbara Williams Notary Public My Commission expires July 10, 1991 (SEAL) Approved April 4, 1991. DADE COUNTY WATER AND SEWER AUTHORITYMEMBERS; APPOINTMENT; VACANCIES. No. 108 (House Bill No. 810). AN ACT To amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to change the provisions relating to members of the authority and the appointment and manner of filling vacancies relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) Dade County Water and Sewer Authority.There is hereby created a body corporate and politic to be known as the Dade County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleades, complain and defend in all

Page 3844

courts of law and equity. The Authority shall consist of five members, one of whom shall be appointed by the members of the Authority from a list of three nominees submitted by the April term of the Dade County Grand Jury each year, for a term of five years and until his respective successor is duly selected and qualified. The members so appointed shall be qualified registered voters of Dade County. One member appointed shall be a resident of Militia District 960. One member appointed shall be a resident of either Militia District 1889 or 1214, and one member shall be a resident of either Militia District 1885 or 1222. The remaining two members shall be residents of the area outside the corporate limits of the City of Trenton and outside of the Lookout Mountain and Sand Mountain areas. Such remaining members shall not reside in the same voting precinct. The members of the Authority shall hold no other public office during their terms as members of the Authority. Immediately after their appointments, the members of the Authority shall enter upon their duties. (b) The members of the authority shall elect a chairman and vice chairman from among the membership of the Authority. They may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion, or resolution except in the case of a tie vote of the other members voting on said motion, resolution, or question; provided, however, that three affirmative votes shall be required to transact any business of the Authority. (c) The members of the Authority shall serve without compensation for their services, but all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. (d) In the event that a vacancy is created in the membership of the Authority at a time when the April term of the Dade County Grand Jury is not in session, the remaining members of the Authority shall appoint a duly qualified citizen of Dade

Page 3845

County to fill said vacancy until the next April term of the Dade County Grand Jury, at which time the April term of the Dade County Grand Jury shall nominate three nominees and the Authority shall appoint one of such nominees as a member of the Authority for the remainder of the unexpired term of the member whose office is vacant. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958, (Ga. L. 1958, p. 3260), as amended; and for other purposes. This 11th day of February, 1991. Mike Snow GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following date: February 13, 1991. /s/ Michael M. Snow Representative, 1st District

Page 3846

Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHATTOOGA COUNTYSTATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 109 (House Bill No. 813). AN ACT To amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, 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 purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, is amended by striking subsection (c) of Section 12 of said Act and inserting in lieu thereof a new subsection (c) to read as follows: (c) The judge shall be paid a salary which is equal to 35 percent of the annual salary now or hereafter paid from state funds to the chief judge of the superior courts of the Lookout Mountain Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Chattooga County by the officers of said county authorized to pay out the

Page 3847

funds of said county. The salary of said judge shall be an expense of the court. Section 2 . Said Act is further amended by striking subsection (d) of Section 13 of said Act and inserting in lieu thereof a new subsection (d) to read as follows: (d) The solicitor shall be paid a salary which is equal to 35 percent of the annual salary now or hereafter paid from state funds to the district attorney of the Lookout Mountain Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Chattooga County by the officers of said county authorized to pay out the funds of said county. The salary of said solicitor shall be an expense of the court. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, so as to change the compensation of the judge and solicitor of said court; and for other purposes. This 6th day of February, 1991. Albert C. Palmour GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority duly authorized to administer oaths, Tim Perry, 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

Page 3848

the official organ of Chattooga County, on the following date: February 7, 1991. /s/ Tim Perry Representative, 5th District Sworn to and subscribed before me, this 19th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CALHOUN-GORDON COUNTY AIRPORT AUTHORITYMEMBERS; TERMS OF OFFICE; QUORUM. No. 110 (House Bill No. 819). AN ACT To amend an Act known as the Calhoun-Gordon County Airport Authority Act, approved April 1, 1971 (Ga. L. 1971, p. 2861), so as to change the number of members of the authority; to provide for the appointment of additional members; to provide for terms of office; to change the 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 known as the Calhoun-Gordon County Airport Authority Act, approved April 1, 1971 (Ga. L. 1971, p. 2861), is amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows:

Page 3849

Section 3. Membership. The Calhoun-Gordon County Airport Authority shall be composed of five members. Two members shall be appointed by the City Council of the City of Calhoun, two members shall be appointed by the Board of Commissioners of Gordon County, and the fifth member shall be appointed by the four members appointed by the governing authorities of the city and county, following their appointment. The appointment of the fifth member shall be subject to the approval of both the City Council of the City of Calhoun and the Board of Commissioners of Gordon County. Said City Council of the City of Calhoun and the Board of Commissioners of Gordon County shall have the right to disapprove the appointment of the fifth member of the authority. Said right of disapproval must be exercised within 15 days following the date on which notice of the name of the person so appointed shall be given to said governing authority by the four appointing members. If said right of disapproval is not exercised within said 15 day period, it shall lapse for the term of office for which the fifth member was appointed. The three members of the authority who are in office on March 1, 1991, shall continue in office for the remainder of their respective terms of office. Prior to July 1, 1991, the City Council of the City of Calhoun shall appoint an additional member of the authority who shall take office immediately upon such appointment for an initial term of office expiring on July 1, 1994, and until his successor is duly appointed and qualified. Prior to July 1, 1991, the Board of Commissioners of Gordon County shall appoint a successor to the member whose term expires on July 1, 1991, for a term of office of three years and until his successor is appointed and qualified. Prior to July 1, 1991, the Board of Commissioners of Gordon County shall also appoint an additional member of the authority who shall take office immediately upon such appointment for an initial term of office expiring on July 1, 1992, and until his successor is duly appointed and qualified. Except as otherwise provided in this section, the term of office of all members shall be three years and until their respective successors are duly appointed and qualified and successors to the members of the authority shall be appointed 90 days prior to the expiration of the term of office of such member. Section 2 . Said Act is further amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows:

Page 3850

Section 4. Meetings. The authority shall hold regular meetings, and the first regular meeting of each year shall be in July. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year, the authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on June 30 of the year following the year in which they were elected or until their successors are elected and qualified. Three members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall receive no compensation for their services. They shall be reimbursed, however, for all actual expenses incurred in the performance of their duties. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE An Act will be introduced in the 1991 Session of the Georgia Legislature amending an Act of April 1, 1971 creating an Airport Authority for the City of Calhoun and Gordon County (Georgia Laws 1971, Page 2861), as amended, and for other purposes. James B. Langford Representative 9th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James B. Langford, who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following date: February 13, 1991. /s/ James B. Langford Representative, 7th District

Page 3851

Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. PICKENS COUNTYSCHOOL DISTRICT HOMESTEAD EXEMPTION; REFERENDUM. No. 111 (House Bill No. 830). AN ACT To provide a homestead exemption from all Pickens 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 family incomes not exceeding $20,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, 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 for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Pickens County School District, including but not limited to taxes to retire school bond indebtedness.

Page 3852

(2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. Section 2 . Each resident of the Pickens County School District who is 62 years of age or over is granted an exemption on that person's homestead from all Pickens 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 $20,000.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of Pickens County shall provide certificate and 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 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, including but not limited to those federal and state tax returns filed for the immediately preceding taxable year for the owner, spouse, and family members who resided at the homestead that year or, if such returns were not filed, satisfactory proof that there was insufficient income to require such filing. 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 the date the exemption provided by this Act first becomes applicable, has applied for and is eligible for the exemption provided persons 62 years of age or over pursuant to Code Section 48-5-52 of the O.C.G.A. shall be eligible for the exemption granted by this Act without further application. Section 5 . After any such owner has filed the proper affidavit, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that such owner make application and file such affidavit 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 Pickens County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event that resident becomes ineligible for any reason to receive such homestead exemption.

Page 3853

Section 6 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Pickens County School District ad valorem taxes for educational purposes. 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 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pickens County School District for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide November general election in 1992 and shall issue the call therefor not less than 30 nor more than 45 days prior to the date of the election so called. 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 Pickens 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 school ad valorem taxes levied for the Pickens County School District for residents of that district who are 62 years of age or over and whose family income does not exceed $20,000.00? 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 the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 8 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election.

Page 3854

The expense of such election shall be borne by Pickens County. 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. 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 1991 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain school ad valorem taxes levied for the Pickens County School District for certain older residents thereof whose family income does not exceed a specified amount; to provide for a referendum; and for other purposes. This 8th day of February 1991. HONORABLE GARLAND PINHOLSTER Representative, 8th District HONORABLE STEVE STANCIL Representative, 8th District HONORABLE WILLIAM G. HASTY, SR. Senator, 51st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following date: February 7, 1991. /s/ Garland Pinholster Representative, 8th District

Page 3855

Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHEROKEE COUNTYSCHOOL DISTRICT HOMESTEAD EXEMPTION; REFERENDUM. No. 112 (House Bill No. 831). AN ACT To amend Section 1 of an Act providing a homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, approved March 10, 1988 (Ga. L. 1988, p. 3677), so as to raise the income eligibility limits for such exemption; to provide for proof of eligibility; to provide for applicability; to provide for a special election, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Section 1 of an Act providing a homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, approved March 10, 1988 (Ga. L. 1988, p. 3677), is amended by striking therefrom $16,000.00 and inserting in its place $20,000.00, by adding after the third sentence thereof the following: The tax commissioner shall also require that the owner file with the application for exemption those federal and state tax returns filed for the immediately preceding calendar year for the owner and members of his family residing within the homestead that year or, if such returns were not filed,

Page 3856

satisfactory proof that there was insufficient income to require such filing, which information shall be used to establish eligibility for the exemption., and by striking therefrom December 31, 1988 and inserting in its place December 31, 1992 so that when so amended said Section 1 shall read as follows: Section 1. The homestead of each resident of the Cherokee County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $20,000.00 per annum shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Cherokee County giving the owner's age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Act as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. The tax commissioner shall also require that the owner file with the application for exemption those federal and state tax returns filed for the immediately preceding calendar year for the owner and members of his family residing within the homestead that year or, if such returns were not filed, satisfactory proof that there was insufficient income to require such filing, which information shall be used to establish eligibility for the exemption. The exemption granted to the homestead by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupoed by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this Act. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this Act by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this Act and

Page 3857

shall claim the exemptions granted by this Act in the manner provided in this Act. The exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1992. 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 the Cherokee County School District for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide November general election in 1992 and shall issue the call therefor not less than 30 nor more than 45 days prior to the date of the election so called. 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 raises to $20,000.00 the income limits for the homestead exemption from school ad valorem taxes for the Cherokee County School District for residents of that district who are 62 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect January 1, 1993. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election. The expense of such election shall be borne by Cherokee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 3858

Section 3 . Except as 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, approved March 10, 1988 (Ga. L. 1988, p. 3677); to provide for a special election; and for other purposes. This 8 day of Feb., 1991. Honorable Garland Pinholster Representative, 8th District Steve Stancil William G. Hasty, Sr. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland F. Pinholster, 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 13, 1991. /s/ Garland F. Pinholster Representative, 8th District

Page 3859

Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF LOUISVILLENEW CHARTER. No. 113 (House Bill No. 833). AN ACT To provide a new charter for the City of Louisville; 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 mayor pro tempore, a city attorney, a city clerk, a city treasurer, a city accountant, 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

Page 3860

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 Louisville in Jefferson 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 Louisville. References in this charter to the city or this city refer to the City of Louisville. 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 Louisville, 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:

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(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 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;

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(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;

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(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

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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

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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

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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;

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(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

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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 eitehr 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.

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(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 Louisville shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) The mayor and councilmembers shall be elected in the manner specified by subsection (a) of Code Section 21-3-61 of the O.C.G.A. The mayor and the three councilmembers elected in December, 1989, shall have their terms expire on December 31, 1993. On the Tuesday next following the first Monday in November of 1993, and every four years thereafter, the successors to the mayor and such councilmember shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. The two councilmembers elected in December, 1988, shall have their terms expire on December 31, 1991. On the Tuesday next following the first Monday in November of 1991, and every four years thereafter, the successors to such councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January 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 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

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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 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.14 . 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 2.15 . 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

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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.

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(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 2.16 . 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; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Jefferson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

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(2) By an order of the Superior Court of Jefferson County following a hearing on a complaint seeking such removal brought by any resident of the City of Louisville. 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 or before the second Tuesday 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

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exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. 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 a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion.

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(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 Louisville 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

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the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3.20 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Louisville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.

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(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;

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(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) Require any department or agency of the city to submit written reports whenever he deems it expedient; (10) 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 (11) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23 . 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. 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,

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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. (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.

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(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (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.

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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 . City accountant. The mayor may appoint and the city council shall confirm a city accountant to perform the duties of accountant. Section 4.16 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

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(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Louisville. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 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. (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

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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 Jefferson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by

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

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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 . Tax for promoting industry. The city council, by ordinance, shall have the power to levy an annual tax not to exceed one mill, in addition to all other taxes, for the purpose of creating a fund to be used exclusively for the following purposes: assisting, promoting, and encouraging the location of new industries in the City of Louisville; assisting, promoting, and encouraging existing industries in the City of Louisville; and promoting tourism in the City of Louisville. Section 6.18 . 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. 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 6.18 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.

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Section 6.20 . 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 6.21 . 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 . 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 . 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 6.24 . 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 6.25 . 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.

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Section 6.26 . 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. Section 6.27 . 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 6.28 . 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.

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Section 6.29 . 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 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 6.30 . 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 6.31 . 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

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(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 6.32 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.33 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

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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 Louisville in Jefferson County, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, is repealed in its entirety. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1991 Session of the General Assembly of Georgia, a local bill to create a new charter for the City of Louisville, Georgia, and to repeal conflicting laws. A copy of the proposed new charter is on file in the Office of the City Clerk of the council of the City of Louisville, Georgia, for purposes of examination and inspection by the public. This the 18th day of January, 1991.

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Julian L. Veatch Mayor, City of Louisville John R. Murphy III City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following date: February 13, 1991. /s/ E. E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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DADE COUNTYBOARD OF COMMISSIONERS; CREATION; QUALIFICATIONS; ELECTIONS; TERMS; COMPENSATION; DUTIES; CHAIRMAN; MEETINGS; QUORUM; VACANCIES; COUNTY MANAGER; AUDITS; BUDGETS; CLERK; REFERENDUM. No. 114 (House Bill No. 841). AN ACT To create the board of commissioners of Dade County; to provide for election districts; to provide for qualifications, elections, terms of office, compensation, powers, duties, and responsibilities of the members and chairman of the board; to provide for meetings and a quorum; to provide for vacancies; to provide for a county manager; to provide for audits and budgets; to provide for a clerk; to provide for records and minutes; to provide for the specific repeal of a local Act; 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 . Governing authority. (a) There is created the board of commissioners of Dade County to be elected and organized as provided in this Act. There is created the office of chairman of the board of commissioners of Dade 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 Dade County shall constitute the governing authority of Dade County and the respective powers and duties of the board and the chairman shall be as provided in this Act. The board of commissioners shall be the successor to the office of Dade County commissioner. Section 2 . The board of commissioners. (a) The board of commissioners shall consist of five members. For the purpose of electing the five district commissioners, Dade County shall be divided into five commission districts as follows:

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Commissioner District No. 1 Dade Tract 402 Blocks 115 through 118 Blocks 203 through 227 Commissioner District No. 2 Dade Tract 401 Blocks 101 through 105 That part of Block 701 lying west of the brow of Lookout Mountain Blocks 707 through 744 That part of Block 806 lying west of the brow of Lookout Mountain Blocks 807 and 808 That part of Block 809 lying north of McCollum Branch Blocks 810 through 825 and 838 Tract 402 Blocks 101 through 114 Blocks 201 and 202 Commissioner District No. 3 Dade Tract 401 Blocks 106, 197, and 198 Blocks 201 through 256 Blocks 301 and 303 through 314 That part of Block 315 within the City of Trenton Blocks 316 through 320 Blocks 403 and 404 Block 501 Those parts of Blocks 505 and 506 within the City of Trenton That part of Block 809 south of McCollum Branch Blocks 826 through 837

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Commissioner District No. 4 Dade Tract 401 Block 401 That part of Block 402 lying east of the brow of Lookout Mountain Blocks 412 through 421 and 423 Block 601 That part of Block 701 lying east of the brow of Lookout Mountain Blocks 702 through 706 and 746 through 750 Blocks 801 through 805 That part of Block 806 lying east of the brow of Lookout Mountain Blocks 839 through 843 and 850 through 852 Commissioner District No. 5 Dade Tract 401 That part of Block 315 outside the City of Trenton That part of Block 402 lying west of the brow of Lookout Mountain Blocks 406 through 411 and 424 Blocks 502 and 503 Those parts of Blocks 505 and 506 outside the City of Trenton Blocks 507 through 535 Blocks 602 through 619 (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.

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(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 Dade County which is not included in any commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) Each commissioner shall be a citizen of this state, at least 21 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 commissioner shall be elected by a majority of the qualified electors voting within the respective commissioner district. Any commissioners who cease to be residents of their respective commission districts 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 . Election; bond. (a) That person elected at the November general election in 1988 to serve as the Dade County commissioner, 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 the office of Dade County 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,

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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 sucessor. (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 be approved by the judge of the Probate Court of Dade County in the amount of $10,000.00 each, with good and sufficient secutiry conditioned upon the faithful performance of that member's duties and the faithful accounting for all property and funds coming into that member's hands by virtue of that member's office. Section 4 . Chairman. (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 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 Dade County by state, federal, and other authorities for military and ceremonial functions.

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Section 5 . Vice chairman. 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. Section 6 . Meetings. The board of commissioners shall hold a regular meeting no less than once a month which meeting shall be on the first Tuesday of every month at the Dade County courthouse, unless the board shall designate a different regular meeting day or place, 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. Section 7 . Vacancies. (a) 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 subsection: (1) If the vacancy occurs within the first two years of the 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 Dade 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

Page 3899

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 subsection, 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; and (3) 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 subsection. Section 8 . Compensation. (a) The chairman of the board shall receive an annual salary of $4,800.00. Each member of the board, other than the chairman, shall receive an annual salary of $3,600.00. These salaries shall be paid in equal monthly installments from the funds of Dade County. (b) In addition to said salaries, the chairman shall receive an expense allowance account of $2,000.00 per year from county funds, and each other member of the board shall receive an expense allowance account of $1,200.00 per year from county funds; provided, however, that the board may, by unanimous concurrence, authorize the reimbursement of expenses over and above the expense account allowance of any commissioner if such expenses are incurred by such commissioner in the performance of his or her duties. 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. Section 9 . 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,

Page 3900

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. 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; (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;

Page 3901

(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 Dade County outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, 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.

Page 3902

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 Dade 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; (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 authorize all contracts involving the expenditure of county funds in excess of $5,000.00, except for contracts of employment; (22) 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 (23) 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

Page 3903

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 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

Page 3904

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 O.C.G.A., 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 O.C.G.A., and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this section; (2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the Dade 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 Dade County Board of Health within the unincorporated area of Dade 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 Dade 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;

Page 3905

(3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens, and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest; (4) To prescribe penalties and punishment for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air-conditioning regulations), and all other lawful ordinances adopted by the 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 right 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,

Page 3906

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 Dade 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 Dade 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. Section 10 . County manager. The office of county manager of Dade 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 11 . 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 Dade 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 Dade County within 30 days after it shall have been completed. Section 12 . Budgeting; control of expenditures. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section.

Page 3907

(b) The chairman shall serve as budget officer for the county. The chairman shall submit to the board not later than the regular May meeting of each year a revenue estimate for the following year and a proposed budget governing the expenditures of all funds 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 Dade County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the 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 Dade 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.

Page 3908

(e) 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 13 . Clerk. Subject to confirmation by the board, the chairman is authorized to appoint a clerk of Dade 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 14 . 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.

Page 3909

Section 15 . Specific repealer. An Act creating the office of Dade County commissioner, approved March 9, 1959 (Ga. L. 1959, p. 2382), as amended, is repealed in its entirety. Section 16 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dade County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dade County for approval or rejection. The election superintendent shall conduct that election on the day of and in conjunction with the 1992 presidential preference primary or on the date of and in conjunction with any county-wide or state-wide special election held prior to the date of the 1992 presidential preference primary, and shall issue the call therefor not less than 30 nor more than 45 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dade County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a five member board of commissioners of Dade 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 15 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 Sections 1 through 15 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 Dade County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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Section 17 . Except as otherwise provided in Section 16 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the board of commissioners of Dade County; to provide for election districts; to provide for qualifications, elections, terms of office, compensation, powers, duties, and responsibilities of the members and chairman of the board; to provide for meetings and a quorum; to provide for vacancies; to provide for a county manager; to provide for audits and budgets; to provide for a clerk; to provide for audits and budgets; to provide for a clerk; to provide for records and minutes; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 21st day of January, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following date: January 23, 1991. /s/ Michael M. Snow Representative, 1st District

Page 3911

Sworn to and subscribed before me, this 8th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF BRUNSWICKNEW CHARTER. No. 115 (House Bill No. 843). AN ACT To provide a new charter for the City of Brunswick; to provide for incorporation, boundaries, and powers of the city; to provide for a form of government of such city and the powe[UNK]rs, duties, authority, election, terms, oath of office, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of the governing authority of said city; to provide for commission meetings and procedures; to provide for ordinances and codes; to provide for authentication of ordinances; 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 a city manager; to provide for his powers and duties; 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 taxation and fees; to provide for accounting and budgeting; to provide for purchases; to provide for bonds for officials; to provide for prior ordinances, existing officials and personnel, and pending matters; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

Page 3912

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION, POWERS, AND FORM OF GOVERNMENT Section 1.10 . Name. The City of Brunswick heretofore incorporated by an Act of the General Assembly approved February 22, 1856, shall have perpetual succession as a municipal corporation of the State of Georgia. Section 1.11 . Corporate boundaries. The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city shall be shown or described at all times on a map, a written description or any combination thereof, to be retained permanently in the office of the clerk of the city. Section 1.12 . Powers. The city shall have all powers of self-government which it is possible for a city to have under the present or future Constitution and laws of the State of Georgia as fully as though they were specifically enumerated in this charter, and the same shall be carried into execution as provided by pertinent general law, by this charter or by ordinance, resolution, or regulation adopted as provided by subsection (a) of Code Section 36-35-3 of the O.C.G.A. Section 1.13 . Form of government. The City of Brunswick shall be governed by a commission and a manager. ARTICLE II CITY COMMISSION Section 2.10 . Commission; election at large. Subject to the residence requirement set forth hereinafter, the members of the commission shall be elected at large, by all the electors voting in a municipal election, in the manner provided by this charter. Section 2.11 . Division of city into wards. For the purpose of elections to the commission the city is divided into two wards which shall be known as the north ward and south ward,

Page 3913

lying north and south, respectively, of a line running from the westerly terminus of L Street easterly to Stadium Street, thence along Stadium Street to K Street, thence along K Street to Glynn Avenue, thence southerly along Glynn Avenue to the Brunswick-St. Simons Causeway, thence easterly along the Causeway to the corporate limits of the city. Section 2.12 . Commission; number; residence requirement. The commission shall consist of five persons who shall have been citizens of said city for at least one year next preceding their election, two to be residents of the south ward, two from the north ward, and one from the city at large. Each commissioner must be at least 25 years of age. In the event the office of a commissioner shall become vacant, either by recall or for any other reason, then his successor for the unexpired term shall be a resident of the ward represented at the time of the election of the commissioner creating the vacancy. The term resident shall be held to mean a bona fide and continuous residence for a period of six months immediately preceding any election herein referred to. However, in the event of the removal of the residence of a member of the commission from one ward to another, the same shall not create a vacancy. Section 2.13 . Elections; date of regular elections. All regular and special elections shall be held and conducted in accordance with general law. The date of all regular elections occurring before January 1, 1993, shall be as heretofore provided, and thereafter the date of such elections shall be as provided by general law, Chapter 3 of Title 21, the Georgia Municipal Election Code. Section 2.14 . Nomination of candidates. Candidates for election to the commission shall be nominated by petition. No political party shall conduct primaries for the purpose of nominating candidates. Section 2.15 . Terms of office. Except as otherwise provided by general law, the members of the commission shall serve for terms of four years and until their successors are elected and qualified. Section 2.16 . Oath of office. The oath of office shall be administered to newly elected members of the commission as follows:

Page 3914

I do solemnly swear (or affirm) that I will faithfully perform the duties of commissioner (or mayor) of the City of Brunswick and that I will support and defend the city charter as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.17 . Filling of vacancies. In the case of the death, resignation, removal from office, or vacation from office by removal from said city, and removal shall operate to create a vacancy just as if there should be a formal resignation, of any commissioner, the commission shall proceed to call an election to fill such vacancy. Section 2.18 . Mayor. The commissioner elected from the city at large shall be the chairman of the commission and shall be designated as mayor and shall have only such powers as are prescribed by the charter. The commissioner at large may succeed himself for one term but shall not be eligible to run for the office of commissioner at large until there has been a lapse of three years from the end of the second term in office. However, nothing herein shall be construed to keep the said commissioner at large from running for the office of commissioner from the ward in which he is a resident immediately after serving as commissioner at large. Section 2.19 . Mayor; powers and duties. The mayor shall have no more authority than any of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall approve the minutes of such meetings, shall act as mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be an ex officio member of all boards of which the mayor of said city is now an ex officio member. Section 2.20 . Mayor pro tempore. The commission shall elect a mayor pro tempore at the first meeting in January of each year. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in his absence or disability, any one of the commissioners designated by a majority of the commission, shall perform the duties of the office of mayor so long as such absence or disability shall continue. Section 2.21 . Quorum; vacancies. A majority of the commission shall constitute a quorum for the transaction of business.

Page 3915

In the event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall possess all the power and authority of the commission until the vacancy or vacancies shall be filled. Section 2.22 . Compensation and expenses. City commissioners shall receive compensation and expenses for their services as provided by ordinance. ARTICLE III CITY MANAGER AND OTHER OFFICERS Section 3.10 . City manager; appointment; qualifications; compensation. The commission shall appoint a city manager to serve at will for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications, and he shall be the city's chief administrative officer. Section 3.11 . Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the commission, 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 commission 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 3.12 . City attorney. The commission shall appoint a city attorney, together with such assistant city attorneys as may be deemed necessary, who shall serve at will for an indefinite term. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, shall attend the meetings of the commission as directed, and shall advise the commission and other officers and employees of the city concerning legal aspects of the city's affairs. Section 3.13 . City clerk. The commission shall appoint a city clerk who shall not be a member of the commission. The city clerk shall be custodian of the official city seal, shall maintain city commission records required by this charter, and shall perform such other duties as may be required by the commission.

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Section 3.14 . Municipal court. The commission shall establish a municipal court by ordinance pursuant to Code Section 36-32-1 of the O.C.G.A., which shall be known as the Municipal Court of the City of Brunswick, and shall provide for appointment of the judge or judges thereof. ARTICLE IV COMMISSION MEETINGS AND PROCEDURE Section 4.10 . Regular and special meetings. The commission shall hold regular meetings at such times as prescribed by ordinance. Special meetings of the commission may be held on call of the mayor or two members of the commission. Section 4.11 . Rules of procedure. The commission shall adopt rules governing procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of all its proceedings. Section 4.12 . Action requiring an ordinance. Acts of the commission which have the force and effect of law shall be enacted by ordinance. Section 4.13 . Ordinance form; procedure. (a) No ordinance shall be effective unless a notice of intent to enact or adopt the ordinance has been published once during the calendar week preceding enactment or adoption thereof in the newspaper in which the city's legal advertising is published, and no ordinance shall be enacted or adopted except at a regular or recessed regular meeting of the city commission. (b) Every ordinance shall be in writing at the time of its adoption and shall be filed with the city clerk immediately upon adoption. No ordinance shall contain subject matter which is not expressed in its title. The enacting clause shall be, The commission of the City of Brunswick hereby ordains..... Section 4.14 . Codes of technical regulations. 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 as prescribed for ordinances generally, provided that a copy of each

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adopted code of technical regulations as well as the adopting ordinance shall be filed with the city clerk pursuant to Section 4.13. Section 4.15 . Authentication; recording; codification. (a) The city clerk shall authenticate by his signature all ordinances adopted by the commission and shall record them in a properly indexed book. (b) The commission shall provide for the codification of all the ordinances of a general and permanent nature, including only such codes of technical regulations as the commission may specify, together with this charter and such related laws as the commission may specify. This compilation shall be known and cited officially as The Code of the City of Brunswick, Georgia, and it shall be maintained continuously up to date. ARTICLE V ADMINISTRATION Section 5.10 . Authority of city manager. The city manager shall have the following authority and duties: (1) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law. (2) 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 by personnel regulations 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. (3) See that all laws, provisions of this charter, and acts of the city commission subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed. (4) Attend all commission meetings and shall have the right to take part in discussion but he may not vote.

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(5) Prepare and submit the annual budget to the commission. (6) Submit to the commission 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) Make such other reports as the commission may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision. (8) Keep the commission fully advised as to the financial condition and future needs of the city and make such recommendations to the commission concerning the affairs of the city as he deems desirable. (9) Prepare and promulgate a position classification and pay plan, subject to approval of the commission. The 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 salary range applicable to any position shall not be increased or decreased except by amendment of the pay plan. For purposes of this subsection, the elected and some appointed city officials may not be deemed to be city employees. (10) Prepare and promulgate rules and regulations 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 personnel hearings as due process may require, and (5) any other personnel matters, as may be necessary or appropriate to provide for adequate and systematic handling of personnel affairs. In addition to the foregoing, the city manager shall have such additional authority and duties as the commission may lawfully assign to him.

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Section 5.11 . Administrative and service departments. (a) Except as otherwise provided in this charter, the commission shall establish by ordinance the departments and agencies needed for the proper administration of the affairs and government of the city. (b) There shall be a director of each department or agency who shall be its principal officer. Each director shall be responsible for the administration and direction of the affairs and operations of his department or agency subject to the direction and supervision of the city manager. (c) 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 qualifications. (d) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the commission. The city manager may suspend or remove any director under his supervision for cause, provided that the director may appeal to the commission. Section 5.12 . Boards, committees, and authorities. The commission shall create such boards, committees, and authorities to fulfill any investigative, advisory, or administrative function which the commission deems necessary and shall establish the composition, duties, and powers thereof by ordinance or resolution as may be appropriate. ARTICLE VI FINANCE Section 6.10 . Taxation. The commission of the City of Brunswick is hereby vested with full authority and power to levy and collect such taxes on the inhabitants of said city, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said city commission may deem expedient for the safety, benefit, convenience, and advantage of said city. Besides real and personal property, the said city commission may tax capital invested in said city; stocks in money corporations, choses in action; incomes and commissions derived from the pursuit of any profession, faculty, trade, or calling; dividends; banks, insurance, express, and other like companies or their agencies;

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and upon all other property or sources of profit not expressly prohibited or exempted by the laws of the state or of the United States, thus to raise such sum of money as may be necessary for the safety, convenience, benefit, and interest of said city, maintaining the municipal government, and the payment of the debts thereof. Section 6.11 . Construction; other taxes. The commission shall be authorized to levy any other tax now or hereafter allowed by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.12 . Fiscal year; budget procedure. The commission shall adopt an ordinance or ordinances to establish a fiscal year for the operations of municipal government, to establish a procedure for the preparation, review, and adoption of an annual budget, and to provide for an annual audit of the financial affairs and transactions of all funds and activities of the city for each fiscal year, in accordance with general state law. Section 6.13 . Tax levies. After adoption of the budget, the commission shall adopt an ordinance to levy such ad valorem taxes as are necessary to operate the city under a balanced budget; that is, the sum of estimated net revenues and appropriated fund balances shall be equal to appropriations. Section 6.14 . Millage rate; date due; payment methods. The commission shall establish a millage rate for ad valorem taxes, the due date and the date of delinquency. The commission may provide for the payment of such taxes by installments or in one lump sum and may authorize voluntary payment prior to the due date. Section 6.15 . Changes in appropriations. The commission shall be authorized to make changes in the appropriations contained in the current operations budget, provided that any additional appropriations may be made only from an existing unexpended surplus. Section 6.16 . Centralized purchasing; procurement and contract procedure. The commission shall establish by ordinance a system of centralized purchasing for the city and a procedure for

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procurement and for the solicitation and consummation of contracts with the city. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds of officials. City officers and employees, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the commission shall from time to time require by ordinance or as may be provided by general law. Section 7.11 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full force and effect until amended or repealed by the commission. Section 7.12 . Existing personnel and officers. Except as specifically provided otherwise by this charter or by appropriate action of the commission, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect. Section 7.13 . Pending matters. Pending 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 commission. Section 7.14 . Severability. If any provision of this charter is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the remaining provisions of this charter. Section 7.15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.16 . An Act incorporating the City of Brunswick, approved August 27, 1872 (Ga. L. 1872, p. 151), as amended, particularly by an Act approved November 12, 1889 (Ga. L. 1889, p. 1010),

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and an Act approved August 11, 1920 (Ga. L. 1920, p. 757), is repealed in its entirety. Section 7.17 . 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 1991 Session of the General Assembly of Georgia a bill to ratify, approve and confirm the provisions of the municipal charter of the City of Brunswick as amended and codified by Ordinance No. 894, adopted by the Commission of the City of Brunswick September 19, 1990, and October 3, 1990, and filed in the office of the Secretary of State December 28, 1990; and for other purposes. This 30th day of January, 1991. s/Eugene Highsmith City Attorney, City of Brunswick, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Fennel, who, on oath, deposes and says that he is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County, on the following date: February 2, 1991. /s/ Ron D. Fennel Representative, 155th District

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Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BANKS COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 116 (House Bill No. 852). AN ACT To provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees; to provide for the amount of such fees; to provide for procedures relating to collection and remittance of such fees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . In addition to all other legal costs, the sum of $3.00 shall be charged and collected as law library fees for each case filed in the Magistrate Court of Banks County. The chief magistrate or, if so designated by the chief magistrate, the clerk of the magistrate court shall collect the law library fees authorized by this section and shall remit such fees to the secretary-treasurer of the board of trustees of the Banks County law library on or before the tenth day of the month immediately following the month in which such fees are collected. A case, within the meaning of this section, shall mean and be construed as any civil or criminal matter which is docketed upon the official docket of the Magistrate Court of

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Banks County and to which a number is assigned whether such matter is contested or not. 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 1991 session of the General Assembly of Georgia a bill to provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees; to provide for related matters; and for other purposes. This 31 day of January, 1991. Honorable William J. Dover Representative, 11th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th district, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County, on the following date: February 6, 1991. /s/ William J. Dover Representative, 11th District

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Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. WHITE COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN NOMINATION AND ELECTION. No. 117 (House Bill No. 853). AN ACT To provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of White County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The chief magistrate of the Magistrate Court of White County shall be elected by the qualified voters of White County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. Section 2 . Beginning with the election held in 1992 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election

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immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court. Section 3 . Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. Section 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. Section 5 . The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. Section 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. Section 7 . 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 1991 session of the General Assembly of Georgia a bill to provide for nonpartisan primaries and nonpartisan elections for the Probate

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Judge and Chief Magistrate Judge of White County; to provide for legislative intent, and for other purposes. This 20th day of December 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telegraph which is the official organ of White County, on the following date: December 26, 1990. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF CENTERVILLEMUNICIPAL COURT; PENALTIES; MAYOR AND COUNCILMEMBERS; INELIGIBILITY FOR CERTAIN OFFICES AND EMPLOYMENT. No. 118 (House Bill No. 856). 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 April 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by 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 Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), is amended by striking in their entirety Section 19 and Section 20 and inserting in lieu thereof new Sections 19 and 20, respectively, to read as follows: Section 19. A police court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman or any other resident of Houston County who is qualified to vote for members of the General Assembly to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the sheriff of Houston County

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in the alternative, and served and executed by an officer or agent to whom directed. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority: (a) To try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) To punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding in said court to go or move beyond the reach of the process of the court; (c) To punish for any contempt of court; and (d) Through the presiding officer to impose fines or imprisonment or both as set by city ordinance within guidelines established by general law. The presiding officer shall be authorized to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the police court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs: Issuing warrant $1.25 Taking examination of defendant 1.25 Examining witnesses, each 0.30 Making out commitment 0.35 Summoning witnesses, each 0.30 Serving warrant 1.25 Keeping and maintaining prisoner 1.25 per day

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Said cost shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and paid over to the municipality. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 20 . Except where authorized by law, neither the mayor nor any council member shall hold any other elected or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which he or she was elected. Members of the council holding office on January 1, 1991, are exempted from this requirement. 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 1991 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 15th day of January, 1991. Honorable Jay Walker Representative, 113rd District GEORGIA, HOUSTON COUNTY Personally appeared before me this date, Jim Kerce, publisher of The Houston Journal, Perry, Georgia, the Official

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Legal 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: 3 This 24th day of January, 1991. /s/ Jim Kerce, LTD. Publisher, Houston Home Journal Perry, Georgia Sworn to and ascribed before me this 24th day of January, 1991 /s/ Jean Breaux Notary Public, Houston County, Georgia My Commission Expires Oct. 3, 1992 (SEAL) Approved April 4, 1991. FORSYTH COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 119 (House Bill No. 861). AN ACT To amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4817), 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:

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Section 1 . An Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4817), is amended by striking subsection (a) of Section 7 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman of the board of commissioners shall receive a salary of $350.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $250.00 per month, payable out of the funds of Forsyth County. Section 2 . This Act shall become effective on January 1, 1992. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4817); and for other purposes. This 18th day of February, 1991. Bill H. Barnett Honorable Bill Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill 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

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Local Legislation was published in the Forum which is the official organ of Forsyth County, on the following date: February 20, 1991. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. HOSPITAL AUTHORITY OF DOUGLAS COUNTYMEMBERS; VACANCIES. No. 120 (House Bill No. 863). AN ACT To provide a method of filling vacancies on the board of the Hospital Authority of Douglas County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Vacancies on the board of the Hospital Authority of Douglas County shall be filled in the manner provided in this Act. The board of the Hospital Authority of Douglas County and the Board of Commissioners of Douglas County shall rotate in the position of originating body, with the boards of the Hospital Authority of Douglas County serving as originating body for the first vacancy to be filled after the effective date of this Act. The originating body shall compile a list of qualified applicants to be

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submitted to the appointing body for consideration. Thirty days prior to the normal expiration of a member's term or within 30 days following the death, removal, or resignation prior to the completion of the term of office, the originating body shall provide to the appointing body a list nominating a maximum of three competent, qualified persons to be considered for appointment to serve on the authority board of directors, one of whom may be the individual whose term is expiring. The appointing body may by majority vote choose to make an appointment from the list of names so provided within 30 days from receipt of the names. Failure of the appointing body to select a nominee by resolution adopted by majority vote in the specified time period or rejection of the names so provided shall require the appointing body to compile a list of a maximum of three names to be submitted to the originating body for its consideration. The originating body may make an appointment from such list of persons by majority vote. Failure of the originating body to make an appointment from this list within 30 days shall require the two lists of names complied by the originating body and the appointing body to be combined and submitted to the senior judge of the Superior Court of Douglas County. The senior judge shall make an appointment from the combined lists. If at the end of any term of office of any member a successor thereto shall not have been elected, then the member whose term of office shall have expired shall continue to hold office and be a full voting member until his or her successor shall be so elected. Section 2 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION: Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to alter the method of filling vacancies on the board of the Hospital Authority of Douglas County; and for other purposes. This 18th day of February, 1991. Honorable Thomas M. 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

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Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following date: February 20, 1991. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF PINE LAKENEW CHARTER. No. 121 (House Bill No. 864). AN ACT To provide a new charter for the City of Pine Lake; 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 director of administrative services, a director of public services, 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

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fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal 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 Pine Lake 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 Pine Lake. References in this charter to the city or this city refer to the City of Pine Lake. 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 Pine Lake, 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.

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(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; 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

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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 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

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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; (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;

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(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; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property and to prescribe penalties and punishments for maintaining a nuisance; (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,

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cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (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

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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 for enforcing payment of the same; 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

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property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary 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.

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Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees 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 LEGISLATIVE BRANCH A. Creation. Section 2.10 . City council creation; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. B. Terms and qualifications of office. Section 2.11 . City council terms and qualifications for office. 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 prior to the date of 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. C. Vacancies in office. 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 this charter.

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(b) 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. D. Compensation and expenses. Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. E. Prohibitions. Section 2.14 . Conflicts of interest; holding 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, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or

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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 (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 where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated

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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. (f) No appointed 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) (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. F. Inquiries and investigations. Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. G. General power and authority. Section 2.16 . 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. H. Eminent domain.

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Section 2.17 . 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, water works, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES A. Meetings. Section 2.18 . Organization. The city council shall hold an organizational meeting on the first Tuesday after January 1 each year. 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 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.

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(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given fully as is reasonably possible two days prior to such meetings. B. Procedures. Section 2.20 . 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 2.21 . 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 the mayor or any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 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 Pine Lake hereby ordains..... and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23 . Action requiring ordinance or resolution. Permanent acts of the city council which have the force and effect of law shall be enacted by ordinance. Acts of a temporary nature may be enacted by resolution. Section 2.24 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may 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 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 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations

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by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 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. (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 Pine Lake, 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

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codes of technical regulations and other rules and regulations included in the code. MAYORCOUNCIL FORM OF GOVERNMENT Section 2.27 . 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 this city immediately preceding his election. He shall continue to reside in this city during the period of this 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 2.28 . Chief executive officer. 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. Section 2.29 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) Preside at council meetings and see that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter; (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;

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(6) Call special meetings of the city council as provided for in subsection (b) of Section 2.19; (7) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the walfare of its inhabitants as he may deem expedient; (8) Approve or disapprove ordinances as provided in Section 2.31; (9) Require any department or agency of the city to submit written reports whenever he deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or ordinance. Section 2.30 . Limitation on terms of service. No mayor elected and qualified for two terms shall be eligible for the succeeding term. Section 2.31 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor. (b) The mayor 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 at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the 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 four councilmembers, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or

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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. Section 2.32 . Mayor pro tempore; selection; duties. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. In the absence or disability of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor and shall be compensated at the same rate as the mayor. The city council by a majority vote may elect a new mayor pro tempore from among its members for any period in which the mayor pro tempore is acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other 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.

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(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 during the ten-day notice period. After a hearing on the tenth day from the date of notice, the council may override the mayor's action by a vote of four councilmembers. Section 3.11 . Boards; commissions and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (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.

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(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. ADMINISTRATIVE OFFICERS Section 3.12 . City attorney. The mayor shall appoint a city attorney, subject to confirmation by the city council, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13 . Director of administrative services. The mayor shall appoint a director of administrative services, subject to confirmation by the city council, who shall be responsible for the operation and supervision of departments providing administrative services as defined by ordinance; shall perform the general duties of treasurer, accountant, and fiscal officer; shall be responsible for the collection of all taxes, license fees, and other moneys belonging to the city and 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. In addition, the director of administrative services shall be responsible for the maintenance of

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municipal court records and collection of fines as established by ordinance and state laws; and shall perform such other duties as required. Section 3.14 . City clerk. The mayor shall appoint a city clerk, subject to confirmation by the city council, who shall not be a councilmember. The city clerk shall be custodian of the official city seal and shall maintain the city council records required by this charter. The city clerk shall be under the supervision of the director of administrative services and perform such other duties as required by said director. Section 3.15 . Director of public services. The mayor shall appoint a director of public services, subject to confirmation by the city council, who shall be responsible for the operation and supervision of departments providing public services as defined by ordinance. Such departments shall include, but not be limited to, a police department for maintaining law and order and providing for public safety; a public works department for providing for the maintenance of public property, equipment, and sanitation collection within the city; and a parks department for providing for the general enjoyment of the citizens of the city. The director shall also perform such other duties as required. Section 3.16 . Chief of police. The mayor shall appoint a chief of police, subject to confirmation by the city council. The chief of police and officers under his command shall be responsible for the direct enforcement of all city ordinances and laws and defined by the city charter and the State of Georgia. The chief of police shall also perform the duties of city marshal to levy all executions in favor of the city for taxes, fines, assessments, or other pecuniary demands and to advertise and sell property levied on, real or personal, for the satisfaction of taxes, assessments, or fines in accordance with the laws of the State of Georgia governing sheriff's sales. The chief of police shall have the authority which now vests in the sheriffs of this state to place purchasers of said property in possession. The chief of police shall be under the supervision of the director of public services and shall perform such other duties as required.

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PERSONNEL ADMINISTRATION Section 3.17 . Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.18 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of 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 IV JUDICIAL BRANCH MUNICIPAL COURT Section 4.10 . Creation; name. There shall be a court to be known as the Municipal Court of the City of Pine Lake.

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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 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 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 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 sole jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law and may impose any punishment up to the maximums specified by general law for offenses with its concurrent jurisdiction. The jailer of DeKalb County is required to receive all such prisoners delivered to him by the municipal court.

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(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 lien against it for the value feofeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court 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

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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 . 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. 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. ARTICLE V ELECTIONS AND REMOVAL ELECTIONS A. General laws. 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. B. Election of officers.

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Section 5.11 . Election of the city council and mayor. (a) There shall be a municipal general election on the first Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12. Section 5.12 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. C. Vacancies. Section 5.14 . Special elections; vacancies. 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 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. 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. D. Other provisions. Section 5.15 . Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code.

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REMOVAL OF OFFICERS 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; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating 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 an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected 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 DeKalb 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 DeKalb County following a hearing on a complaint seeking such removal brought by any resident of the City of Pine Lake.

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ARTICLE VI FINANCE TAXATION AND VARIOUS FEES A. Property taxes. 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 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. B. Occupation taxes and business taxes. 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; 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

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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 . 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

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this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. C. Collection of delinquent taxes. 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. BORROWING 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. ACCOUNTING AND BUDGETING Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

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Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. On or before a date fixed by the city council but not later than 45 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 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. 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 December 27 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 45 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 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 27 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

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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 . 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. PROCUREMENT AND PROPERTY MANAGEMENT Section 6.30 . Contracting procedures. 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 2.21 of this charter. Section 6.31 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

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(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . First election under this charter; future elections. The first municipal election under this charter shall be held on November 5, 1991, at which time the positions held by Mayor Neil Copeland and Council Posts 1 and 2 shall be filled. The council seats presently held by Michael Stuckey and Philip Piper shall be designated Council Posts 1 and 2, respectively. Council seats presently held by Charlotte Neil, Richard Newman, and Brad Roselle shall be designated Council Posts 3, 4, and 5, respectively, and shall be retained by them until the regular election date in 1993 unless vacated by them pursuant to provisions of Article V of this charter. All persons giving notice of candidacy for a city council seat shall designate the council post being sought. Section 7.13 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and

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officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14 . 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 7.15 . 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 7.16 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.17 . Effective date. This charter shall become effective on June 3, 1991. Section 7.18 . Specific repealer. An Act incorporating the City of Pine Lake in the County of DeKalb, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1225), as amended, is repealed in its entirety.

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Section 7.19 . 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 1991 session of the General Assembly of Georgia a bill to provide a new charter for the City of Pine Lake and to repeal the existing charger approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1225), as amended; and for other purposes. This 11th day of February, 1991. Mayor Council of Pine Lake GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude T. Tolbert, who, on oath, deposes and says that he is Representative from the 58th 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 21, 1991. /s/ Claude T. Tolbert Representative, 58th District Sworn to and subscribed before me, this 22nd day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF HAMILTONMUNICIPAL COURT; PENALTIES; REFERENDUM. No. 122 (House Bill No. 866). AN ACT To amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2716) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3171), so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances; 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 Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2716) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3171), is amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. There shall be a mayor's court for the trial of offenses and offenders against the laws and ordinances of the city, which court shall be held by the mayor and, in his absence or disqualification, by the mayor pro tem. Said court shall have the power to preserve order, to compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding two days or by fine not exceeding $10.00, or both; and said mayor shall also have the power, on conviction of any person of the violation of the ordinances or laws of the City of Hamilton, to sentence such persons to labor upon the streets or public works of said city not to exceed 60 days, to impose a fine not to exceed $1,000.00, to imprison in county jail or such other place as may be provided by said mayor and council not to exceed 60 days, or either or all of said sentences, in his discretion.

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Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Harris County 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 Hamilton for approval or rejection. The election superintendent shall conduct that election on the annual municipal election date for the City of Hamilton in 1991 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 increases the maximum penalty which may be imposed by the Mayor's Court of the City of Hamilton for violation of city ordinances to 60 days of labor or 60 days of imprisonment or a fine of $1,000.00 or a combination thereof? 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 Hamilton. 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances; to repeal conflicting laws; and for other purposes. This 6th day of February, 1991. 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: February 14, 1991. /s/ Roy D. Moultrie Representative, 93rd District Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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HEARD COUNTYBOARD OF COMMISSIONERS; CREATION. No. 123 (House Bill No. 867). AN ACT To provide a new board of commissioners of Heard County; to provide for five members and a chairman; to provide for elections and terms of office; to provide for qualifications, terms, and election procedures; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for a vice chairman; to provide for powers, duties, and vacancies; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to repeal an Act creating the office of commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created in and for Heard County a chairman and board of commissioners to be elected and organized as provided for in this Act. The chairman and board of commissioners shall constitute the governing authority of Heard County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term `board' or the term `commission,' whenever used in this Act, shall mean the board of commissioners of Heard County, including the chairman and all members.

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Section 2 . (a) The board of commissioners of Heard County shall consist of six members. One of the members shall be the chairman and shall be elected by a majority of the registered voters of the entire county voting in the election. Each candidate for the other five positions on the board of commissioners must be a resident of the commissioner district created by this section which such person offers to represent and shall be elected by a majority of the registered voters voting within such district. (b) For the purpose of electing members of the board of commissioners, Heard County shall be divided into five commissioner districts which shall correspond to the five education districts established by law into which Heard County is divided for the purpose of electing members of the Heard County Board of Education. (c) The chairman shall be a citizen of this state who has attained the age of 25 years, who has a high school diploma or the equivalent thereof, and who has been a resident of Heard County for not less than two years next preceding his election and who shall hold no other elective public office. (d) Each member of the board of commissioners, other than the chairman, shall be a citizen of this state who has attained the age of 25 years, who possesses a high school diploma or the equivalent thereof, and who has been a resident of his respective commissioner district for not less than one year preceding his election and who shall hold no other elective public office. Section 3 . The first members of the board of commissioners created by this Act shall be elected at the general election held in 1992 and shall take office on January 1, 1993, for terms of office of four years and until their respective successors are elected and qualified. All commission members elected in subsequent elections after the general election of 1992, other than special elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified. Section 4 . (a) The first chairman of the board of commissioners created by this Act shall be elected at the general election held in 1992 to serve for a term of four years. His successor and all subsequent chairmen shall be elected at the election preceding the

Page 3978

expiration of a term of office for terms of four years each and until their respective successors are elected and qualified. (b) Neither the chairman nor any commissioner shall be qualified to offer for election to any position other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 5 . In the event of a vacancy in the office of chairman or a commissioner whose unexpired term exceeds 180 days, it shall be the duty of the election superintendent of Heard County to call a special election for the filling of such vacancy, which election shall be governed by Chapter 2 of Title 21 of the O.C.G.A. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the commission to fill the vacancy by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office and shall possess the residency and other qualifications required for such office. Section 6 . Before entering upon the discharge of their duties, the chairman and commissioners shall subscribe an oath before the probate judge of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to the probate judge of the county and payable to the probate judge or his successor in office and filed in the office of the probate judge, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. Section 7 . (a) Commissioners, other than the chairman, shall be paid a salary of $200.00 per month. Such compensation shall be paid on a monthly basis from the funds of the county. (b) The chairman of the board of commissioners shall serve in such capacity on a full-time basis and shall receive an annual salary in the amount of $35,000.00, to be paid on a monthly basis from the funds of the county.

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(c) As part of the compensation for their duties the chairman and the members of the board of commissioners shall receive the same employee benefits provided to employees of Heard County. (d) The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Heard County. (e) Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. Section 8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairman. In the event of death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at meetings of the board of commissioners in the absence of the chairman and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairman, the board of commissioners shall elect a new vice chairman to serve for the remainder of calendar year. Section 9 . The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the regular meeting shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meeting shall be published in the official

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county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairman or any three commissioners, provided all members of the commission shall have been notified at least three days in advance of such special meeting which is open to the public. Any four commissioners or the chairman and any three commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the commission and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. Except as provided otherwise in subsection (b) of Section 10 of this Act, the chairman shall be entitled to vote on a question only in the event of a tied vote. All regular and called meetings shall be conducted according to Robert's Rules of Order . Section 10 . (a) The chairman shall be the chief elected officer of the county government and shall preside over the meetings of the board of commissioners. The duties of the chairman shall include, but shall not be limited to, the following: (1) Maintaining an office; (2) Presiding at all meetings of the board of commissioners; (3) Representing the county government at ceremonial functions; (4) Being available to the constituency on a regular basis; (5) Coordinating intergovernmental activity among municipalities, other counties, the state, and the United States and any agencies thereof; (6) Being empowered to submit motions to the board of commissioners for action; (7) Taking the lead role in initiating needs assessments, evaluations of county services, and policy development; and

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(8) Appointing committee chairmen and subcommittee chairmen from the membership of the commission. (b) (1) The chairman shall have the authority to veto any resolution of the board provided that the chairman exercises such authority within ten days of the passage of such resolution. The chairman shall not be authorized to veto any resolution with respect to which he cast a vote. A veto may be overridden by a vote of at least four commissioners. The chairman shall not be eligible to vote in an action to override a veto, even in the event of a tied vote. (2) Any resolution vetoed by the chairman may be reconsidered by the board at the next regular meeting following the meeting at which such resolution was passed. If no action is taken at this meeting, the matter may not be reconsidered again by the board for a period of six months from the date of such meeting at which the matter was eligible for reconsideration. Section 11 . (a) The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding unless vetoed as provided in subsection (b) of Section 10 of this Act. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness;

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(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Heard County in respect to zoning and planning; (9) To create and change the boundaries of special taxing districts authorized by law; (10) To fix the bonds of county officers where same are not fixed by statute; (11) To enact any ordinances or other legislation which the county may be given authority to enact; (12) To determine the priority of capital improvements; (13) To call elections for the voting of bonds; (14) To exercise all of the power and authority formerly vested by law in the commissioner of Heard County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (15) To appoint retained legal counsel and an independent county auditor and provide for their compensation;

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(16) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices; and (17) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state, specifically including, but not limited to, the power of eminent domain for any public purpose. (b) The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Section 12 . Formal sealed bids shall be received for all purchases in amounts over $5,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Heard County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Section 13 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. Section 14 . The chairman shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Heard County and by posting same at the courthouse door. The budget shall then be reviewed

Page 3984

and adopted or amended by the commission prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Heard County at the September term of the superior court. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January first, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. Section 15 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairman of the board of commissioners shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. Section 16 . The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available to public inspection as are other

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records in such office. The board of commissioners shall cause to be published in the official organ of Heard County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Heard County a copy of each annual report furnished by him to the board of commissioners. Section 17 . An Act creating the office of commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended, is repealed in its entirety. Section 18 . Sections 2, 3, and 4 of this Act shall become effective on January 1, 1992, for the purposes of qualifying and electing the chairman and members of the new board of commissioners. The remaining portions of this Act shall become effective for all purposes on January 1, 1993. Section 19 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for a board of commissioners of Heard County; to provide for matters relating to the board of commissioners; to repeal an Act creating the office of Commissioner of Heard County, approved April 17, 1975 (Ga. L. 1975, p. 4433), as amended; and for other purposes. This 29th day of January, 1991. s/J. Crawford Ware Honorable J. Crawford Ware Representative, 77th District STATE OF GEORGIA COUNTY OF HEARD Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. T. McCutchen, who on oath deposes and says that he is the Publisher of The News and

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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 6, 1991. /s/ B. T. McCutchen Sworn to and subscribed before me this the 6th day of February, 1991. /s/ June Yates Notary Public, Heard County, Georgia My Commission Expires December 28, 1994 (SEAL) Approved April 4, 1991. COLUMBIA COUNTYBOARD OF EDUCATION; SUPERINTENDENT; APPOINTMENT; CONTRACTS; VACANCIES; REFERENDUM. No. 124 (House Bill No. 873). AN ACT To amend an Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4270), so as to provide that future school superintendents shall be appointed by the board of education; to authorize the board to contract with future school superintendents; to provide that the initial appointment shall be made by the current members of the board; to provide for vacancies; to provide for a referendum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the election of members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4270), is amended by adding a new Section 6A immediately following Section 6 to read as follows: Section 6A. The school superintendent of Columbia County serving in office on the effective date of this Act shall continue to serve out his term of office. Thereafter, the school superintendent of Columbia County shall be appointed by the Columbia County Board of Education for a term which shall be contractually agreed upon by the board of education and the school superintendent but which shall be for not more than four years; provided, however, that the initial school superintendent appointed pursuant to this Act shall be appointed by the members of the board currently serving on the effective date of this Act. No such contract shall preclude the removal of the school superintendent during a term of office in any manner authorized by statute, and any such contract shall provide that the board may remove the school superintendent from office for good cause after notice and hearing. Vacancies in the office of school superintendent shall be filled by appointment of successors in the same manner as original appointments. 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 Columbia County shall call and conduct an election at the next county-wide election for the purpose of submitting this Act to the electors of the Columbia County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia 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 Columbia County shall be appointed by the board of education

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and which authorizes the board to contract with future school superintendents? 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 Columbia County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular session of the General Assembly of this state of Georgia a bill to amend an act providing for the election of members of the Board of Education of Columbia County providing that future school superintendents shall be appointed by the board of education. Approved March 21, 1968 (Georgia Laws 1968, Page 2708). This 19th day of Feebruary, 1991. Joseph B. Brush, Jr. Representative, 83rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. Joseph Brush, Jr., who, on oath, deposes and says that he is Representative from the 83rd District,

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and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News-Times which is the official organ of Columbia County, on the following date: February 20, 1991. /s/ B. Joseph Brush, Jr. Representative, 83rd District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF GLENNVILLEMAYOR AND COUNCIL; ELECTION DATE; TERMS; ELECTIONS. No. 125 (House Bill No. 874). 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 provisions relating to the time of election, taking of office, and terms of office of the mayor and council-members; to provide for the authority for this Act; to provide for requirements and procedures with respect to elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as

Page 3990

amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows: Section 4. (a) The two councilmembers representing Wards 3 and 4 elected in December, 1989, 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, the successors to such two 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. On the Tuesday next following the first Monday in November of 1993, and every four years thereafter, the successors to such two councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. (b) The mayor and the two councilmembers representing Wards 1 and 2 elected in December, 1989, 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 every four years thereafter, the successors to such mayor and two councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. (c) Subsections (a) and (b) of this section are enacted pursuant to the authority provided for in subsection (a) of Code Section 21-3-64 of the O.C.G.A. (d) 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 the mayor or councilmembers. The mayor 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. A councilmember shall continue to reside within the ward from which he was elected 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

Page 3991

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 said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' (e) 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. (f) 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.' (g) The mayor shall be elected by a plurality of the consolidated vote of the qualified electors of the entire city. The councilmembers shall be elected by a plurality of the consolidated vote of the qualified electors voting within their respective wards. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended; and for other purposes. This 18th day of February, 1991.

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Honorable 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 Tattnall Journal which is the official organ of Tattnall County, on the following date: February 21, 1991. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF MARIETTABOARD OF EDUCATION; VACANCIES; TERMS. No. 126 (House Bill No. 876). AN ACT To amend an Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4588), so as to change the dates on which the

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city council shall advertise vacancies on the board of education and elect members to fill such vacancies; to change the date the term of office of such members shall begin; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a system of public schools for the City of Marietta, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4588), is amended by striking subsection (b) of Section 2 in its entirety and inserting in lieu thereof a new subsection to read as follows: (b) The board of education of the City of Marietta shall consist of six members who shall be chosen as follows: two members shall be chosen by the city council at its first regular meeting in May, 1967, whose terms will begin June 1, 1967, and expire December 31, 1969. At the first regularly scheduled meeting in July in each year thereafter, the city council will cause an advertisement to be prepared and inserted in a newspaper of general circulation in the City of Marietta, which advertisement will announce that the city council will elect two persons at its first regularly scheduled meeting in November to serve for three years on the city school board. Interested persons shall contact the school superintendent for an explanation of the qualifications, duties, and responsibilities of prospective members as defined from time to time by the city council. At the first regularly scheduled meeting in November, the city council shall elect two persons for a term which shall begin the first day in January and shall continue for a period of three years or until their successors are chosen. 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 1991 session of the General Assembly of Georgia, a bill to amend an

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Act reincorporating the City of Marietta, Georgia, in Cobb County, and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541); as amended; and for other purposes. This 2nd day of December, 1990. /s/ Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Hammond, 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 7, 1990. /s/ John W. Hammond Representative, 20th District

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Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. COBB COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; MAGISTRATES; QUALIFICATIONS; SELECTION; TERM; APPLICABILITY. No. 127 (House Bill No. 877). AN ACT To amend an Act making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), so as to provide qualifications for the chief magistrate, fulltime magistrates, and part-time magistrates; to provide for the determination of the number of magistrates and the number of fulltime magistrates; to provide for the selection of magistrates; to provide that magistrates, other than the chief magistrate, shall serve at the pleasure of the chief magistrate; 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 making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows:

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Section 2. (a) To be eligible for selection as chief magistrate or as a full-time magistrate, a person shall: (1) Have been an active member of the State Bar of Georgia for at least five years immediately preceding selection as chief magistrate or as a full-time magistrate; (2) Be at least 27 years of age; (3) Be a citizen and taxpayer of Cobb County; and (4) Have been a resident of the State of Georgia for at least two years immediately preceding such selection. (b) The number of magistrates shall be determined by the chief magistrate with the approval of a majority of the judges of the Superior Court of Cobb County, and of this number at least two shall be full-time magistrates including the chief magistrate. (c) To be eligible for selection as a part-time magistrate, a person shall be an active member of the State Bar of Georgia in addition to the qualifications provided in subsection (a) of Code Section 15-10-22 of the Official Code of Georgia Annotated. (d) Magistrates appointed pursuant to Code Section 15-10-20 of the Official Code of Georgia Annotated shall serve at the pleasure of the chief magistrate. Section 2 . The provisions of this Act shall not affect the term of office of any person who is in office as chief magistrate or magistrate of the Magistrate Court of Cobb County on July 1, 1991. For purposes of this Act, unless the context otherwise clearly requires, chief magistrate or magistrate means the chief magistrate or magistrate, respectively, of the Magistrate Court of Cobb County. Section 3 . This Act shall become effective on July 1, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451); and for other purposes. This 22nd day of February, 1991. /s/ Eugene T. Clark Honorable Eugene T. Clark Representative, 20th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene T. 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: February 23, 1991. /s/ Eugene T. Clark Representative, 20th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 3998

HOSPITAL AUTHORITY OF PUTNAM COUNTYMEMBERS; APPOINTMENT; TERMS. No. 128 (House Bill No. 879). AN ACT To provide for the appointment and terms of the members of the Hospital Authority of Putnam County; to provide for staggered terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The members of the Hospital Authority of Putnam County who are in office on the effective date of this Act shall continue to serve for the terms for which appointed and until their successors are appointed and qualified. (b) Thereafter, members of the hospital authority shall be appointed by the Board of Commissioners of Putnam County pursuant to the requirements and procedures of Code Section 31-7-72 of the O.C.G.A. for terms as follows: (1) Posts 1 and 2 shall be filled for terms of three years beginning March, 1991, and expiring the last day of February, 1994; thereafter, members from Posts 1 and 2 shall be appointed for terms of four years; (2) Posts 3 and 4 shall be filled for terms of one year beginning March 1, 1991, and expiring the last day of February, 1992; thereafter, members from Posts 3 and 4 shall be appointed for terms of four years; (3) Posts 5 and 6 shall be filled for terms of two years beginning March 1, 1993, and expiring the last day of February, 1995; thereafter, members from Posts 5 and 6 shall serve for terms of four years; and (4) Post 7 shall be filled for a term of four years beginning March 1, 1993, and expiring the last day of February, 1997; thereafter, the member from Post 7 shall be appointed for a term of four years.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to change certain provisions relating to terms of office of the members of the Putnam County Hospital Authority; and for other purposes. This 18th day of February, 1991. DR. GEORGE F. GREEN HOUSE OF REPRESENTATIVES DISTRICT 106 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 Eatonton Messenger which is the official organ of Putnam County, on the following date: February 21, 1991. /s/ George F. Green Representative, 106th District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 4000

CITY OF SPARTANEW CHARTER. No. 129 (House Bill No. 880). AN ACT To provide a new charter for the City of Sparta; 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 Sparta in Hancock 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 Sparta. References in this charter to the city or this city refer to the City of Sparta. The city shall have perpetual existence.

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Section 1.11 . Corporate boundaries. (a) (1) The corporate limits of the City of Sparta are declared to be as follows: Beginning at a point at the intersection of Powelton Avenue and the Old Sparta-Greensboro Highway and from said point of beginning running South 30 degrees 15 minutes West 1461 feet to a point; running thence South 79 degrees West 4149 feet to a point; running thence South 11 degrees East 2560 feet to a point; running thence South 82 degrees 45 minutes East 2358.3 feet to a point; running thence South 11 degrees 15 minutes West 436 feet to a point; running thence South 70 degrees East 558 feet to a point; running thence South 14 degrees 30 minutes West 222 feet to a point; running thence South 71 degrees 40 minutes East 440 feet to a point; running thence South 53 degrees 15 minutes East 1204 feet to a point; running thence North 79 degrees East 5,442 feet to a point; running thence South 69 degrees 30 minutes East 711.8 feet to a point; running thence South 75 degrees East 608.5 feet to a point; running thence North 11 degrees West 3716 feet to a point; running thence North 1330 degrees West 1505 feet to a point; running thence North 89 degrees West 2454.5 feet to a point; running thence North 80 degrees West 2290.8 feet to a point; running thence North 64 degrees 30 minutes West 743 feet to a point, said point being the point of beginning. Said property being located in the 102nd and/or 113th Districts, G. M., of Hancock County, Georgia, and being known as the present City limits of the City of Sparta, Georgia. (2) In addition to the provisions of paragraph (1) of this subsection, the corporate limits of the City of Sparta shall include the following described territory: All that tract or parcel of land lying and being in G.M.D. 113, Hancock County, Georgia, and being more particularly described as follows: BEGINNING at a point where the Sparta city limits line intersects the northerly right-of-way line of Georgia Hwy. No. 15 (A/K/A Sandersville Highway); thence running in an easterly direction along said right-of-way line a distance of 850 feet to a point; thence in a southeasterly direction 75 feet , to a point marking

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the intersection of the easterly 80 foot right-of-way line of Buffalo Road and the southerly right-of-way line of Georgia Hwy. No. 15; thence continuing southerly along the easterly right-of-way line of Buffalo Road, running South 12 degrees 44 minutes 57 seconds East, a distance of 499.23 feet to a point; thence continuing along said right-of-way line in a southerly direction along the arc of a curve to the left, said curve having a radius of 3407.65 feet, said arc being subtended by a chord line having a bearing of South 17 degrees 02 minutes 54 seconds East, and a distance of 510.92 feet, and an arc distance of 511.40 feet to a point; thence South 21 degrees 20 minutes 52 seconds East a distance of 616.20 feet to a point; thence continuing along said right-of-way in a southerly direction along the arc of a curve to the right, said curve having a radius of 3055.70 feet, said arc being subtended by a chord line having a bearing of South 10 degrees 42 minutes 11 seconds East, a distance of 1128.89 feet, and an arc distance of 1135.41 feet to a point; thence South 00 degrees 03 minutes 30 seconds East a distance of 888.03 feet to a point; thence continuing along said right-of-way line in a southerly direction along the arc of a curve to the left, said curve having a radius of 2811.68 feet, said arc being subtended by a chord line having a bearing of South 10 degrees 57 minutes 09 seconds East, and a distance of 1062.79 feet, and an arc distance of 1069.22 feet to a point; thence South 21 degrees 50 minutes 48 seconds East a distance of 483.74 feet to a point; thence continuing along said right-of-way line in a southerly direction along the arc of a curve to the right, said curve having a radius of 3097.76 feet, said arc being subtended by a chord line having a bearing of South 17 degrees 29 minutes 51 seconds East, and a distance of 469.83 feet, and an arc distance of 470.28 feet to a point; thence South 13 degrees 08 minutes 54 seconds East a distance of 225.06 feet to a point; thence continuing along said right-of-way line in a southerly direction along the arc of a curve to the left, said curve having a radius of 905.51 feet, said arc being subtended by a chord line having a bearing of South 36 degrees 04 minutes 45 seconds East, and a distance of 705.61 feet, and an arc distance of 724.80 feet to a point; thence South 59 degrees 00 minutes 37 seconds

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East a distance of 243.78 feet to a point; thence continuing along said right-of-way line in a southerly direction along the arc of a curve to the right, said curve having a radius of 859.15 feet, said arc being subtended by a chord line having a bearing of South 38 degrees 53 minutes 45 seconds East, and a distance of 590.92 feet, and an arc distance of 603.23 feet to a point; thence South 18 degrees 46 minutes 53 seconds East a distance of 100.00 feet to a point; thence leaving said right-of-way line of Buffalo Road running North 71 degrees 13 minutes 07 seconds East a distance of of 333.29 feet to an iron pin found; thence South 11 degrees 41 minutes 12 seconds West a distance of 1205.75 feet to an iron pin found; thence South 11 degrees 39 minutes 14 seconds West a distance of 1255.98 feet to an iron pin found; thence in a northwesterly direction crossing Buffalo Road running North 65 degrees 40 minutes 46 seconds West a distance of 111.35 feet to a point; thence South 13 degrees 20 minutes 14 seconds West a distance of 972.04 feet to an iron pin set; thence running in a northwesterly direction along the arc of a curve to the left, said curve having a radius of 1129.33 feet, said arc being subtended by a chord line having a bearing of North 31 degrees 19 minutes 13 seconds West, and a distance of 145.82 feet, and an arc distance of 145.92 feet to a point; thence North 35 degrees 01 minutes 19 seconds West a distance of 734.77 feet to a point; thence along the arc of a curve to the right, said curve having a radius of 930.34 feet, said arc being subtended by a chord line having a bearing of North 23 degrees 45 minutes 55 seconds West, and a distance of 363.21 feet, and an arc distance of 365.56 feet to a point; thence North 79 degrees 14 minutes 41 seconds West a distance of 2635.84 feet to an iron pin found; thence South 16 degrees 13 minutes 53 seconds West a distance of 441.97 feet to an iron pin found; thence South 50 degrees 30 minutes 24 seconds West a distance of 657.88 feet to an iron pin found; thence North 42 degrees 32 minutes 36 seconds West a distance of 1181.52 feet to an iron pin found; thence North 78 degrees 32 minutes 37 seconds West a distance of 1563.26 feet to an iron pin set; thence North 09 degrees 22 minutes 42 seconds West a distance of 1042.06 feet to a point; said point

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being the center line of County Road No. 75; thence along the center line of said road North 35 degrees 55 minutes 08 seconds West a distance of 186.72 feet to a point; thence North 44 degrees 36 minutes 49 seconds West a distance of 77.28 feet to a point; thence leaving the center line of County Road No. 75, running North 89 degrees 09 minutes 49 seconds East a distance of 3806.65 feet to a granite rock found; thence South 89 degrees 16 minutes 00 seconds East a distance of 3043.99 feet to an iron pin found; thence North 71 degrees 13 minutes 07 seconds East a distance of 117.88 feet to a point; said point being the westerly right-of-way line of Buffalo Road; thence running northerly along said right-of-way line of Buffalo Road North 18 degrees 46 minutes 53 seconds West a distance of 100.00 feet to a point; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the left, said curve having a radius of 779.15 feet, said arc being subtended by a chord line having a bearing of North 38 degrees 53 minutes 45 seconds West, and a distance of 535.89 feet, and an arc distance of 547.06 feet to a point; thence North 59 degrees 00 minutes 37 seconds West a distance of 243.78 feet to a point; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the right, said curve having a radius of 985.51 feet, said arc being subtended by a chord line having a bearing of North 36 degrees 04 minutes 45 seconds West, and a distance of 767.95 feet, and an arc distance of 788.84 feet to a point; thence North 13 degrees 08 minutes 54 seconds West a distance of 225.06 feet; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the left, said curve having a radius of 3017.76 feet, said arc being subtended by a chord line having a bearing of North 17 degrees 29 minutes 51 seconds West, and a distance of 457.70 feet, and an arc distance of 458.14 feet to a point; thence North 21 degrees 50 minutes 48 seconds West a distance of 483.74 feet to a point; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the right, said curve having a radius of 2891.68 feet, said arc being subtended by a chord line having a bearing of North 10 degrees 57 minutes 09 seconds West, and a

Page 4005

distance of 1093.03 feet, and an arc distance of 1099.64 feet to a point; thence North 00 degrees 03 minutes 30 seconds West a distance of 888.03 feet to a point; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the left, said curve having a radius of 2975.70 feet, said arc being subtended by a chord line having a bearing of North 10 degrees 42 minutes 11 seconds West, and distance of 1099.33 feet, and an arc distance of 1105.68 feet to a point; thence North 21 degrees 20 minutes 52 seconds West a distance of 616.20 feet to a point; thence continuing along said right-of-way line in a northerly direction along the arc of a curve to the right, said curve having a radius of 3487.65 feet, said arc being subtended by a chord line having a bearing of North 17 degrees 02 minutes 54 seconds West, and a distance of 522.91 feet, and an arc distance of 523.41 feet to a point; thence North 12 degrees 44 minutes 57 seconds West a distance of 559.47 feet to a point, said point being the southerly right-of-way line of Georgia Hwy. No. 15; thence running northwesterly along said right-of-way line a distance of 760 feet to a point; thence running in a northerly direction 65 feet to a point on the northerly right-of-way line of Georgia Hwy. No. 15 and Sparta city limits line, said point being the TRUE POINT OF BEGINNING. (b) Alterations as may be made from time to time by local law or in the manner provided by general state law. (c) 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 Sparta, 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

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though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose 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 4007

revoke such licenses after due process for the failure to pay any city takes 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 4008

(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 4009

(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 4010

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;

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(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;

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

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other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) Except as otherwise provided in Section 2.11, 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.

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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) (1) The mayor and two councilmembers who were elected at the 1990 general election of the city shall serve until December 31, 1995, and until their successors are elected and qualified. (2) (A) The two councilmembers who were elected at the 1988 general election of the city shall serve until the first day of May, 1992, and until their successors are elected and qualified. (B) On the second Monday in April of 1992, two councilmembers shall be elected to fill the offices of the councilmembers elected in 1988. Such members elected shall take office on the first day of May next following such election for terms of office which expire on December 31, 1997. (d) For the purpose of electing members of the council, the City of Sparta shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the day of the general municipal election in November, 1995, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. Then, on the day of the general municipal election in November, 1997, and on that day quadrennially thereafter, there shall be elected two councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the

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offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by 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 shall receive a salary of $200.00 per month from the funds of the city and each councilmember shall receive as compensation $25.00 for each official meeting of the city council attended. The compensation of the mayor and councilmembers may be changed as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

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Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the

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

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(4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of 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 Hancock 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 Hancock County following a hearing on a complaint seeking such removal brought by any resident of the City of Sparta. 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 December following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:

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I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 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.

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(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Sparta 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

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

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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 Sparta, 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

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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;

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(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.

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ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers. Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill 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

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where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. 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

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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: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected;

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(4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Sparta. 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. (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.

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(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearacne 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.

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(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 Hancock County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

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Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify business, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city 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

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with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in

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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 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

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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 April 30 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. 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

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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 April 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

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Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

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Section 7.12 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act reincorporating the City of Sparta in Hancock County, approved April 10, 1968 (Ga. L. 1968, p. 3555), as amended by an Act approved March 30, 1971 (Ga. L. 1971, p. 2536), is repealed in its entirety. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide a new charter for the City of Sparta in Hancock County; to provide for the incorporation, powers, and boundaries of the city; to provide for governing authority; to provide for city organization, personnel, and physical administration; to provide for all other matters necessary and proper for the city to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 16th day of February, 1991. /s/ George Green Representative 106th District

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AFFIDAVIT GEORGIA, HANCOCK COUNTY TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the SPARTA ISHMAELITE, which has a general circulation in and is the legal organ for Hancock County, Georgia, on the following dates, to-wit: February 21, 1991 /s/ R. Allen Haywood, Publisher Sworn to and subscribed before me on the 22nd day of February, 1991: /s/ Priscilla L. Haywood Notary Public, Hancock Co., GA My Commission expires 5/31/93 (SEAL) Approved April 4, 1991. DEKALB COUNTYCITY OF DEKALB STUDY COMMISSION; CREATION; ABOLISHMENT. No. 130 (House Bill No. 882). AN ACT To create the City of DeKalb Study Commission; to provide for appointment, compensation, powers, and duties of the commission; to provide for co-chairmen; to provide for staff; to provide for submission of the City of DeKalb Study Commission's findings; to provide for its abolishment; to repeal conflicting laws; and for other purposes.

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WHEREAS, counties and municipalities in the State of Georgia differ with respect to their powers, structure, and administration with certain advantages inherent in each level of local government; and WHEREAS, DeKalb County currently furnishes to all residents of the county, with the exception of residents of certain cities in the county, all public governmental services which would geneally be considered to be municipal in nature, including police and fire protection and water, sewer, and sanitation services; and WHEREAS, it is the best interest of the citizens of DeKalb County that the most economical, advantageous level of government be utilized in conducting the public affairs of the county; and WHEREAS, a systematic review and analysis should be undertaken respecting the relative advantages and disadvantages of the municipal and county forms of government and recommendations prepared with respect thereto. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The City of DeKalb Study Commission is created. The members of the commission shall be as follows: (1) One member to be appointed by the chief executive officer of DeKalb County; (2) Three members to be appointed by the DeKalb County Municipal Association; (3) One member to be appointed by each of the seven members of the Board of Commissioners of DeKalb County; (4) Three members to be appointed by the members of the DeKalb County delegation in the House of Representatives; (5) Three members to be appointed by the members of the DeKalb County delegation in the Senate;

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(6) One member to be appointed by the DeKalb County Chamber of Commerce; (7) One member to be appointed by the executive committee of the Democratic Party of DeKalb County; and (8) One member to be appointed by the executive committee of the Republican Party of DeKalb County. Section 2 . All members of the commission shall be appointed by April 1, 1991. The chairman of the DeKalb County delegation in the House of Representatives and the chairman of the DeKalb County delegation in the Senate shall each appoint a member of the commission to serve as co-chairmen of the commission. The organizational meeting shall be held at the call of the co-chairmen. At the organizational meeting the commission shall elect from its own membership such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties. The county shall furnish the necessary staff to assist the commission in its study. All meetings of the commission shall be open to the public and notice of all meetings shall be published in the legal organ of the county. Section 3 . The commission shall make a systematic study which shall include, but not be limited to, the following subjects: existing premissive and restrictive provisions of the state Constitution and state and local laws; the various forms of local governing authorities; delivery of services; allocation of administrative organization and responsibility; ownership and acquisition of existing and future assets; ownership and acquisition of existing capital and future capital improvements; comparative budgetary requirements and revenue sources; comparative immunities and liabilities; merger or consolidation of governmental entities; disposition of and impact on existing county contracts; special tax districts; and intergovernmental relations. Section 4 . The commission shall complete its study and submit its recommendations to the chief executive officer and the

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Board of Commissioners of DeKalb County and the members of the House of Representatives and the Senate who represent any portion of DeKalb County on or before July 1, 1992, and the commission shall stand abolished on such date. 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 1991 session of the General Assembly of Georgia a bill to create the City of DeKalb Study Commission, to consider the feasibility of creating the City-County of DeKalb, 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, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 17, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CITY OF COMMERCENEW CHARTER. No. 131 (House Bill No. 884). AN ACT To provide a new charter for the City of Commerce; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Commerce, Georgia, and by that name shall have perpetual succession.

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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 of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Commerce, 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 or by the Constitution of the State of Georgia. (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 and to establish regulations to prohibit noise pollution; (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

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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 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;

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(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, 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;

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(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to install and operate any of its utilities inside and outside its corporate limits in Jackson County, Georgia; and to install and operate any of its utilities in adjoining counties pursuant to existing and future franchise agreements or utility supply contracts;

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

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(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission, and to own and operate its own franchises for the delivery of such services including cable television and related services; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service

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fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (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 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;

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(40) Independent Commerce School System. (A) The public school system of the City of Commerce was initially established on November 26, 1901, by Sections 41 through 45 of the Act incorporating the City of Harmony Grove, predecessor to the City of Commerce, and reenacted as Section 40 of the Act of 1909, page 674. The City of Commerce shall retain all of those powers and rights set forth in those predecessor Acts as an independent public school system. The City of Commerce shall have the power to establish and operate a complete public school system, including such facilities and programs as are deemed necessary by the Commerce City Board of Education. The Commerce City Board of Education shall consist of five residents of the City of Commerce, appointed by the mayor and council and shall be composed of one member from the city at large and one member from each of the four Wards of the City of Commerce. School board members shall serve for terms of five years and until their respective successors are appointed. The existing school board members are appointed to the terms they presently serve under the previous charter which terms are set forth as follows: 1) City at Large Johnny Klugh, term expires June 30, 1992 2) Ward 1 Riley Harris, term expires June 30, 1993 3) Ward 2 Mary Seabolt, term expires June 30, 1994 4) Ward 3 J. Nolan Spear, Jr., term expires June 30, 1995 5) Ward 4 Elton Collins, term expires June 30, 1991 (B) The initial terms under this charter shall be adjusted to include any changes in terms or appointments which may occur prior to September 1, 1991. (C) In case of vacancies other than by expiration of term, the mayor is authorized to appoint members to fill unexpired terms.

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(D) The board of education shall organize by electing a president or chairman and a vice president or vice chairman from their number. The superintendent of schools shall be elected by the board of education from outside the membership of the board, based upon his qualifications and shall serve at the pleasure of the board. (E) The superintendent of schools shall serve as the secretary and treasurer of the board. The members of the board of education shall serve without compensation but may be reimbursed reasonable and necessary expenses associated with official business of the board. (F) In addition to these powers, the board of education shall possess all such other powers as are granted to boards of education under general law; (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 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

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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. The mayor and councilmembers shall be elected in the manner provided by this charter. All elected officers shall commence service on January 1 following their respective elections. (b) Four of the council posts shall represent Wards 1, 2, 3, and 4 of the City of Commerce according to the ward designation and description now in effect for the City of Commerce and more definitely set forth on the Official Map of the City of Commerce, which map may from time to time be amended by law or ordinance and which shall be maintained by the city clerk. These posts shall be filled only from votes cast by electors who reside within the respective wards. (c) Two of the council posts shall be at large posts and shall be filled by votes cast by electors who reside anywhere within the City of Commerce. Section 2.11 . City council terms and qualifications for office. (a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city for 12 months immediately prior to the date of the election of mayor or members of the city council; and each shall continue to reside therein during his period of service and be registered and qualified to vote in municipal elections of this city. (b) Candidates for those posts designated to represent Wards 1, 2, 3, and 4 must at the time of qualification and during their term of service reside within the respective ward which each seeks to represent.

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Section 2.12 . Vacancies in office. (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 general law. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Section 2.14 . Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he was elected or during the period when he or she is seeking office following qualification. (b) Neither the mayor nor any member of the city council shall vote upon or sign 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. 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,

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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 . Organization. The mayor and city council shall hold an organizational meeting during the last week of December following each municipal election. In the event both the mayor and the mayor pro tem. are serving terms of office which are to expire on December 31 of that election year, 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 . 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 made fully as is reasonably possible two days prior to such meeting. Section 2.20 . Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with

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the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. The rules of procedure adopted shall not expand or restrict any powers assigned to the mayor and councilmembers by this charter. (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 . Voting. 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 a majority of councilmembers present at an official meeting shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22 . 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 Commerce 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. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.23 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. All other matters of business shall be considered in the form of a resolution.

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Section 2.24 . 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 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 2.25 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 2.25 . 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 compliation shall be known and cited officially as The Code of the City of Commerce, 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

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reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 2.26 . City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications. Section 2.27 . Suspension or removal of city manager. (a) The city council may remove the manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, he may file with the city council a written request for a public hearing. This hearing shall be held 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. (b) The manager shall continue to receive his salary until the effective date of a final resolution of removal.

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(c) The mayor and council may for disciplinary purposes suspend the city manager with or without pay for a period of up to 30 days by affirmative vote of a majority of all its members. (d) The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence, disability, or suspension. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable, and, until such vacancy is filled, the mayor and council shall have full powers to make a temporary appointment of a qualified person to perform the functions and duties of this office. Section 2.28 . 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 2.29 . Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. The city manager shall have the following powers and duties: (1) The city manager shall have the power to appoint, suspend, or remove the city clerk, department heads, and all other employees of the city, except the city attorney, city judge, and members of the boards and commissions, who shall be appointed by the mayor and council. In suspending and removing employees, the city manager shall have authority to do so without consent of the mayor and council but must keep the mayor and council advised of any actions deemed necessary. The city manager 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) The city manager shall direct and supervise the administration of all departments, offices, and agencies of

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the city, except as otherwise provided by this charter or by law; (3) The city manager shall attend all city council meetings and shall have the right to take part in discussion but may not vote; (4) The city manager shall see that all laws, provisions of this charter, and ordinances of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) The city manager shall prepare and submit the annual operating budget and capital budget to the city council; (6) The city manager 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) The city manager shall make such other reports as the city council may require concerning the operation of city departments, offices, and agencies subject to his direction and supervision; (8) The city manager 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; (9) The city manager shall perform other such duties as are specified in this charter or as may be required by the city council; (10) The city manager shall supervise the performance of all contracts made by any person for work done for the City of Commerce and be the purchasing agent of materials and supplies for the city under such rules and regulations as may be imposed by the mayor and council; and

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(11) The city manager shall perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the mayor and council. Section 2.30 . Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, or other inquiries and investigations initiated by action of the mayor and council, 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 2.31 . 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 for at least 12 months 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 2.32 . Mayor pro tem. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem. shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. Section 2.33 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other

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instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in event of a tie and be counted toward a quorum as any other councilmember; and (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . 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. Section 3.11 . 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

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Office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (e) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of all of the members of the city council. (f) 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 3.12 . City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers, and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.13 . City clerk. The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall

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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 manager. The office of city clerk may be a part-time or full-time position. Section 3.14 . City accountant. The city council shall appoint a certified public accountant to perform the duties of an independent auditor. 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 council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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Such personnel policies shall be directed and administered by the city manager as personnel director of all employees of the city. ARTICLE IV JUDICIAL BRANCH Section 4.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Commerce. 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 25 years and shall have a high school diploma or its equivalent. The chief judge shall be nominated and appointed by the mayor and council and shall serve at the pleasure of the mayor and council. All other judges shall be nominated by the chief judge and appointed by the mayor and 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 a majority of all of the members of the city council; otherwise, judges shall serve terms of two years commencing and ending with the first meeting of the mayor and council held in January in even-numbered years. (e) Before assuming office, each judge shall take an oath, given by the mayor or other officer authorized to administer oaths, 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.

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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 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. The maximum punishment for offenses committed under state law shall be those limits as established by general law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited through procedures established by general law. 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 if 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.

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(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Jackson 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 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 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.

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Section 5.11 . Election of the city council and mayor. (a) There shall be a municipal general election biennially on the Tuesday following the first Monday in November commencing in 1991. (b) After the initial election of 1991, there shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12. Section 5.12 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.13 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 5.14 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 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 it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 5.16 . Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:

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(1) By an order of the Superior Court of Jackson County following a hearing on a complaint seeking such removal brought by any resident of the City of Commerce; (2) By recall pursuant to Georgia law; and (3) Pursuant to the terms of general law. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, 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

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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 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

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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 reasonbale 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. The City of Commerce shall have the power to file its tax fi. fas. in the Superior Court, State Court, or Magistrate Court of Jackson County and to utilize processes of garnishment to collect those taxes. 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

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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 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the 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 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 shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of January 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. 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

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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 ordinance 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 45 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 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 or the budget as amended by the mayor and council. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of January of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the 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 6.29 . 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.

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Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 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.

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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 . First election under this charter. The first municipal election shall be the Tuesday following the first Monday in November, 1991, at which the mayor's and all councilmembers' positions shall be filled. The city council posts representing Wards 1 and 2 shall be for an initial term of two years. All terms for these posts thereafter shall be for terms of four years as provided in Section 2.11. The At Large Post No. 2 presently held by Archie Chaney shall be for an initial term of two years. The term for this post thereafter shall be four years as provided in Section 2.11. The mayor, the post representing Wards 3 and 4 and the remaining At Large Post No. 1 shall be initially filled for full four-year terms as provided in Section 2.11. Subsequent elections shall be held on the Tuesday following the first Monday in November in each successive odd-numbered year. 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 for a period of 365 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.14 . 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

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shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.15 . 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 7.16 . 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 7.17 . Specific repealer. An Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. L. 1909, p. 655), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 7.18 . Effective date. This Act shall become effective on September 1, 1991. Section 7.19 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given to the Citizens of the City of Commerce that the mayor and city council plans to have introduced in this 1991 session of the Georgia General Assembly legislation that provides for an amended City Charter and for other purposes. The proposed

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Charter will be made available at the regular council meeting on February 11, 1991 at 7:30 p.m. and at two additional Special Council Meetings on the 14th of February, 1991 at 7:30 p.m. and on the 19th of February, 1991 at 7:30 p.m. for the purpose of receiving citizen input. A copy is available at the Commerce City Hall for review. All meetings will be held in the Wrangler Building on State Street in Commerce. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Beatty, who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Commerce News which is the official organ of Jackson County, on the following date: February 6 and 13, 1991. /s/ Mike Beatty Representative, 12th District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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IRWIN COUNTYBOARD OF COMMISSIONERS; CONTRACTS; CORRECTIONAL FACILITY AS PRIVATE, COMMERCIAL ENTERPRISE; EXPENDITURE OF COUNTY FUNDS; NET PROCEEDS. No. 132 (House Bill No. 885). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the county's owning, leasing, or operating a correctional facility as a private, commercial enterprise to house and care for certain inmates other than county prisoners; to provide for applicability of general law; to prohibit the expenditure of public funds except revenues generated by the enterprise; to provide for net proceeds received under such contracts or agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is amended by adding between Sections 15 and 16 a new Section 15A to read as follows: Section 15A. Be it further enacted by the authority aforesaid that the board of commissioners shall be authorized and empowered to enter into such contracts and agreements as said board may determine appropriate or necessary for the purpose of the county's owning, leasing, or operating a correctional facility as a private, commercial enterprise to house and care for inmates from the state, another state, the federal government, or some other political subdivision, but not to house or care for inmates of Irwin County. Should the board determine

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to enter into any such contract or agreement, any restriction or limitation imposed by general law shall be adhered to and any such contract or agreement shall be unenforceable and void to the extent that it calls for, requires, or may result in the expenditure or payment of county funds, other than revenues produced or generated by the enterprise, in satisfaction or fulfillment of any obligation of the county under the terms of such agreement or contract or the expenses or costs of operating, maintaining, or participating in such enterprise. Any net or unrestricted revenues received by the county pursuant to the terms of such contracts or agreements, or the county's operation or participation in such enterprise, shall constitute county funds and no longer be subject to or available for the satisfaction or fulfillment of any obligation of the county under the terms of such contracts or agreements or for the payment or satisfaction of any expenses or costs of operating, maintaining, or participation in such enterprise. Section 2 . 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 1991 Session of the General Assembly of Georgia a bill to authorize Irwin County, Georgia to own, lease, and/or operate a commercial enterprise; to provide for related matters; and for other purposes. This 6th day of February, 1991 WINSTON TUCKER CHAIRMAN, COUNTY COMMISSION IRWIN COUNTY, GEORGIA GEORGIA, IRWIN COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, BILL BRADFORD, who, on oath, deposes and says that he is the Publisher of the Ocilla Star, and that the attached copy of Notice of Intention to Introduce

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Local Legislation was published in the Ocilla Star, which is the official organ of Irwin County, on the following date: February 14, 1991. /s/ Bill Bradford PUBLISHER, OCILLA STAR Sworn to and Subscribed Before Me, this 21st day of February, 1991. /s/ Thomas E. Pujadas NOTARY PUBLIC My Commission Expires: 10-12-93 (SEAL) Approved April 4, 1991. CARROLL COUNTYSTATE COURT; JUDGE; COMPENSATION. No. 133 (House Bill No. 887). AN ACT To amend an Act creating the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4156), so as to change the compensation of the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4156), is amended by striking subsection (b) of Section 4 which reads as follows:

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(b) The judge of the court shall receive an annual salary equal to 87.5 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the Coweta Judicial Circuit. Said salary shall be paid in equal monthly installments from county funds., and inserting in its place a new subsection to read as follows: (b) The judge of the court shall receive an annual salary equal to 90 percent of the salary of the judge of Superior Court of Carroll County, exclusive of the supplements paid to the judge of superior court by the counties in the Coweta Judicial Circuit. Said salary shall be paid in equal monthly installments from county funds. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice if given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4156); to provide for related matters; and for other purposes. This 1st day of February, 1991. s/ Honorable Charles A. Thomas, Jr., Representative, 69th District.

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AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attachment hereto has been published in the TIMES-GEORIGAN legal organ for Carroll County. The following dates, to-wit: 2-5-1991 Sworn to on this 6th day of February, 1991. /s/ Fred Lister Publisher Sworn to and subscribed before me this 6th day of February, 1991 /s/ Tracey Gore Greene Notary Public My Commission Expires Oct. 3, 1994 (SEAL) Approved April 4, 1991. CITY OF KENNESAWCORPORATE LIMITS. No. 134 (House Bill No. 890). 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, 1990 (Ga. L. 1990, p. 5044), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 5044), 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: All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northwesterly side of the right of way of Shiloh Road (using 60 foot right of way) which point is located 338.6 feet southwesterly from the intersection of the northwesterly side of the right of way of Shiloh Road with the southwesterly side of the right of way of Baker Road, as measured along the northwesterly side of the right of way of Shiloh Road; running thence south 22 degrees 00 minutes west along the northwesterly side of the right of way of Shiloh Road a distance of 500 feet; running thence south 22 degrees 19 minutes 00 seconds west along the northwesterly side of the right of way of Shiloh Road a distance of 484.50 feet; running thence north 75 degrees 08 minutes 32 seconds west a distance of 482.10 feet; running thence north 02 degrees 21 minutes 53 seconds east a distance of 1,200.31 feet to the south side of the right of way of Baker Road (50 foot right of way); running thence east, easterly and southeasterly along the south, southerly and southwesterly side of the right of way of Baker Road a distance of 496.5 feet to a point, which point is located south 77 degrees 08 minutes 06 seconds east a distance of 483.55 feet from the last given point, as measured along a chord; running thence south 11 degrees 41 minutes 00 seconds west a distasnce of 225 feet; running thence south 77 degrees 04 minutes east a distance of 371.30 feet to the northwesterly side of the right of way of Shiloh Road at the point of beginning.

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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 February 29, 1969, and being more particularly described as follows: BEGINNING at a point on the northwesterly side of McCollum Parkway, which point is located 200 feet northeasterly of the intersection of McCollum Parkway and Old U. S. Highway No. 41, and running thence northwesterly with an interior angle of 86 degrees 19 minutes 200 feet to a point and corner marked by an iron pin; thence northeast with an interior angle of 99 degrees 04 minutes 286.4 feet to the east land lot line of Land Lot 167 to a point and corner marked by an iron pin; thence south with an interior angle of 48 degrees 53 minutes 278.8 feet along the east land lot line of Land Lot 167 to the northwest side of McCollum Parkway; thence southwest along the northwest side of McCollum Parkway at an interior angle of 125 degrees 44 minutes 135.2 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pipe located on the westerly right of way margin of Old Dixie Highway (a/k/a Old U. S. 41, and having a 60 foot right of way), said point being located north 770 feet from the intersection of the westerly right of way margin of said Highway with the north land lot line of Land Lot 175; thence from said POINT OF BEGINNING south 66 degrees 15 minutes 55 seconds west a distance of 410.50 feet to a concrete monument; thence north 56 degrees 51 minutes 38 seconds west, a distance of 425 feet, more or less, to an iron pipe; thence north 87 degrees 46 minutes 34 seconds east, a distance of 680.21 feet to an iron pipe located on the southwesterly right of way margin of Old Dixie Highway; thence south 23 degrees 11 minutes 32 seconds east, a distance of 90.0 along the southwesterly right of way margin of Old Dixie Highway to an iron pipe and the Point of beginning of the tract of land hereinabove described.

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All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section, Cobb County, Georgia, and being Tract B, containing 2.28 acres as shown on survey prepared by Robert N. Shope dated June 28, 1984 and revised July 10, 1984 and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeasterly right of way line of Baker Road (60 foot right of way) and the northwesterly right of way line of Shiloh Road (60 foot right of way); running thence southwesterly along the northwesterly right of way line of Shiloh Road and following the curvature thereof an arc distance of 160.26 feet on a radius of 2,511.70 feet to a point, continuing thence along the northwesterly right of way line of Shiloh Road south 22 degrees 38 minutes 59 seconds west 169.06 feet to an iron pin; running thence north 73 degrees 11 minutes 05 seconds west 371.3 feet to an iron pin; running thence north 11 degrees 49 minutes 58 seconds east 220.0 feet to a point on the southwesterly right of way line of Baker Road; running thence south 76 degrees 08 minutes 17 seconds east along the southwesterly right of way line of Baker Road 95.35 feet to a point; running thence in a general easterly direction along the southerly right of way line of Baker Road and following the curvature thereof an arc distance of 268.38 feet on a radius of 671.46 feet to a point; running thence north 80 degrees 57 minutes 41 seconds east along the southeasterly right of way line of Baker Road 83.92 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 243 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin found at the intersection of the northeastern right of way line of LN/SCL Railroad right of way (66-foot right of way) with the line dividing Land Lots 214 and 243; running thence north 87 degrees 26 minutes 08 seconds east 75.00 feet to an iron pin found; thence continuing north 87 degrees 26 minutes 08 seconds east 447.38 feet to a point; thence south 00 degrees 06 minutes 50 seconds west 21.13 feet to a point; thence south 56 degrees 56 minutes 41 seconds east 221.32 feet to an iron

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pin set; thence south 87 degrees 26 minutes 08 seconds west 556.82 feet to an iron pin set on the northeastern right of way line of said LN/SCL Railroad right of way; thence northwesterly along said right of way line 208.30 feet along the arc of a 3,226.65-foot radius curve to the left (said arc being subtended by a chord lying to the southwest having a bearing and distance of north 46 degrees 29 minutes 24 seconds west 208.26 feet) to the iron pin found at the point of beginning; and containing 1.8079 acres. All that tract or parcel of land containing 107.901 acres, more or less, lying and being in Lots of Land Numbers 63 and 90 of the 20th District of the 2nd Section of Cobb County, Georgia, more particularly described as beginning at the point where the south line of the Western and Atlantic Railroad intersects the west line of said Land Lot 63 and running thence in a southeasterly direction along the south line of said railroad right of way to an iron pin and the Franklin property; thence south 19 degrees 18 minutes west a distance of 325 feet, south 52 degrees 45 minutes west a distance of 30 feet to Giles Road, thence continuing in a southwesterly direction along said Giles Road to the south line of said Land Lot 63; thence north 89 degrees 50 minutes west along the south line of said land lot a distance of 8476.50 feet, thence continuing in a southwesterly direction along said road in said Land Lot 90 a distance of 1350 feet, more or less, to an iron pin located on the west line of said Land Lot 90 constituting the southeast corner of the Teems property; thence north 0 degrees 45 minutes west along the west line of said Land Lot 90 and the Teems property a distance of 9989.35 feet to an iron pin constituting the northwest corner of said land lot, thence continuing along the west line of said Land Lot 63 and the Teems property north 1 degree 12 minutes west a distance of 2653.99 feet to the beginning point, subject to the usual utility easements. The above-described property is the same property shown on the plat made by Gilbert O. Maulsby, Jr., dated July and August, 1971, as recorded in the Plat Records of Cobb County, Georgia, in Plat Book 53 on Page 199. All that tract or parcel of land lying and being in original Land Lots Nos. 50, 51, 64, 65 and 88 of the 20th District, 2nd Section of Cobb County, Georgia, as shown on plat of

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survey by J. P. Phillips, Surveyor, dated October 16, 1959, a copy of which is recorded in Plat Book 19, Page 199, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin located on the south right of way of the WA Railroad at the intersection of McEver Road; running thence east along the south line of said WA Railroad right of way for a distance of 4036 feet to an iron pin located on the east line of said Land Lot No. 64; running thence south 2 degrees 41 minutes east along the east line of said Land Lot No. 64 for a distance of 2676 feet to an iron pin located at the southeast corner of said Land Lot No. 64; running thence south 89 degrees 11 minutes west for a distance of 2640 feet to an iron pin located at the southwest corner of said Land Lot No. 64; running thence south 0 degrees 49 minutes east for a distance of 1881 feet to an iron pin; running thence south 88 degrees 30 minutes west for a distance of 1637 feet to an iron pin; running thence north 1 degree 30 minutes west for a distance of 1827 feet to an iron pin; running thence south 89 degrees 54 minutes west for a distance of 404 feet to a rock pile; running thence northeasterly along a fence line for a distance of 2490 feet to an iron pin located on the westerly side of a drive; running thence north at an interior angle of 16 degrees 08 minutes for a distance of 86.5 feet to an iron pin; thence running north at an interior angle of 170 degrees 50 minutes for a distance of 128 feet to an iron pin; running thence north at an interior angle of 194 degrees 45 minutes for a distance of 112 feet to an iron pin; running thence north at an interior angle of 193 degrees 20 minutes for a distance of 67 feet to an iron pin located on the southeasterly side of McEver Road; running thence north or northeasterly following the curvature of the easterly side of McEver Road for a distance of 1259.6 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lot No. 65 of the 20th District, 2nd Section of Cobb County, Georgia, and being a portion of the property shown on plat of survey prepared by J. P. Phillips, Surveyor, dated October 16, 1959, a copy of which is recorded in Plat Book 19, Page 199, Cobb County Records, and being more particularly described as follows:

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BEGINNING at an iron pin located at the southwest corner of said Land Lot No. 65, thence north 89 degrees 54 minutes east for a distance of 583 feet to a rock pile; running thence northeasterly along a fence line for a distance of 2490 feet to an iron pin located on the westerly side of a drive; running thence north at an interior angle of 16 degrees 08 minutes for a distance of 86.5 feet to an iron pin; running thence north at an interior angle of 170 degrees 50 minutes for a distance of 128 feet to an iron pin; continuing north at an interior angle of 194 degrees 45 minutes for a distance of 112 feet to an iron pin; running thence north at an interior angle of 193 degrees 20 minutes for a distance of 67 feet to an iron pin located on the southeast side of McEver Road; running thence southwesterly along the southeasterly side of said McEver Road for a distance of 1292 feet to an iron pin; running thence south 1 degrees 30 minutes east for a distance of 2342 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lot No. 51 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey prepared by Welker Associates, Inc., Engineers, dated December 1970, and being more particularly described as follows: BEGINNING at an iron pin located on the north line of said Land Lot No. 51 where it is intersected by the southeasterly side of Hickory Grove Road; running thence north 89 degrees 19 minutes 24 seconds east along the north line of said Land Lot No. 51 for a distance of 1550.25 feet to an iron pin located on the northwesterly side of Cecil Lake Road; running thence south 46 degrees 44 minutes 43 seconds west for a distance of 142.55 feet to a point; running thence south 39 degrees 24 minutes 01 seconds west for a distance of 304.71 feet to a point; thence running south 33 degrees 18 minutes 25 seconds west for a distance of 225.25 feet to a point; running thence south 19 degrees 17 minutes 34 seconds west for a distance of 201.53 feet to a point; running thence south 5 degrees 16 minutes 50 seconds west for a distance of 106.05 feet to a point; running thence south 9 degrees 06 minutes 19 seconds east for a distance of 212.13 feet to a point; running thence south 23 degrees 29 minutes 14 seconds east for a distance of 72.21 feet to a point; running

Page 4088

thence south 9 degrees 47 minutes 57 seconds east for a distance of 101.53 feet to a point; running thence south 3 degrees 53 minutes 46 seconds east for a distance of 39.44 feet to a point; running thence south 3 degrees 16 minutes 09 seconds east for a distance of 196.58 feet to a point; running thence south 10 degrees 25 minutes 27 seconds east for a distance of 380.08 feet to a point; running thence south 1 degree 04 minutes 34 seconds west for a distance of 160.80 feet to a point; running thence south 8 degrees 17 minutes 28 seconds west for a distance of 38.28 feet to an iron pin located on the northeast side of the right of way of W. A. Railroad; thence north 53 degrees 26 minutes 25 seconds west for a distance of 54.68 feet to an iron pin; running thence north 55 degrees 54 minutes 15 seconds west for a distance of 101.45 feet to a point; running thence north 58 degrees 43 minutes 14 seconds west for a distance of 102.08 feet to a point; running thence north 61 degrees 30 minutes 28 seconds west for a distance of 101.73 feet to a point; running thence north 63 degrees 09 minutes 45 seconds west for a distance of 703.49 feet to a point; running thence north 64 degrees 18 minutes 09 seconds west for a distance of 101.30 feet; running thence north 68 degrees 18 minutes 36 seconds west for a distance of 102.68 feet to a point; running thence north 73 degrees 26 minutes 25 seconds west for a distance of 102.66 feet to a point; running thence north 79 degrees 00 minutes 46 seconds west for a distance of 88.95 feet to an iron pin; running thence north 6 degrees 52 minutes 12 seconds west for a distance of 1,165.38 feet to an iron pin located on the southeasterly side of the right of way of Hickory Grove Road; running thence north 44 degrees 35 minutes 27 seconds east for a distance of 86.15 feet to a point; running thence northeasterly following the curvature and the arc of the southeasterly side of the right of way of Hickory Grove Road for a distance of 218.50 feet to an iron pin at the point of beginning. All that tract or parcel of land lying and being in Land Lot No. 89 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on a plat of survey made for Dr. Martin Van B. Teem, by J. P. Phillips, Surveyor, dated November 22, 1960, and being more particularly described as follows:

Page 4089

BEGINNING at an iron pin located at the northeast corner of said Land Lot No. 89 and running thence south 2 degrees 41 minutes east for a distance of 1064 feet to the northwest side of Giles Road; running thence southwesterly at an interior angle of 157 degrees 78 minutes along the northwest side of Giles Road for a distance of 303.2 feet to an iron pin; running thence north 79 degrees 24 minutes west for a distance of 202 feet to an iron pin; running thence south 19 degrees 11 minutes west for a distance of 49 feet to an iron pin; running thence south 89 degrees 11 minutes west for a distance of 1024 feet to an iron pin located on the east line of property now or formerly owned by J. L. Giles; running thence north 1 degree 14 minutes west along the east line of said Giles property for a distance of 1351 feet to an iron pin located on the north line of said Land Lot No. 89; running thence north 89 degrees 11 minutes east along the north line of said Land Lot No. 89 for a distance of 1320 feet to an iron pin and the point of beginning. A copy of the above referred to plat is recorded in Plat Book 21, Page 157, Cobb County Records. All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section of Cobb County, Georgia, as shown on plat made by A. O. Carlile, Registered Land Surveyor No. 1468, for M. W. Kinney, Jr., dated March 20, 1984, and being more particularly described as follows: BEGINNING at a point on the westerly side of Shiloh Road, which point is 156.3 feet north along the westerly side of Shiloh Road from the center line of Bozeman Lake Road at its intersection with Shiloh Road; thence north 75 degrees 08 minutes 32 seconds west 350 feet to an iron pin; thence north 2 degrees 21 minutes 53 seconds east 200 feet to an iron pin; thence south 75 degrees 35 minutes 58 seconds east 416.97 feet to an iron pin on the westerly side of Shiloh Road; thence south 21 degrees 39 minutes 40 seconds west 200 feet along the westerly side of Shiloh Road to the point of beginning; and containing 1.734 acres, more or less. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 4090

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Kennesaw, and for other purposes. This 2nd day of December, 1990. /s/ Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER 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 7, 1990. /s/ Herman Clark Representative, 20th District

Page 4091

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CANDLER COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; MAGISTRATE; APPOINTMENT. No. 135 (House Bill No. 891). AN ACT To amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, approved March 14, 1984 (Ga. L. 1984, p. 4199), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4800), so as to provide for the appointment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, approved March 14, 1984 (Ga. L. 1984, p. 4199), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4800), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

Page 4092

Section 1. The magistrates of Candler County serving on the effective date of this Act shall continue to serve until the expiration of the terms of office to which they were appointed. Thereafter, the Magistrate Court of Candler County shall have two magistrates, one of whom shall be designated the chief magistrate. The chief magistrate and magistrate of Candler County shall be appointed by majority vote of the judges of the superior courts of the Middle Judicial Circuit for terms of office as provided by general law. A vacancy in the office of chief magistrate or magistrate shall be filled by an appointment by majority vote of the judges of the superior courts of the Middle Judicial Circuit for the remainder of the unexpired term. 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 LEGISLATION Notice is hereby given that legislation will be introduced during the 1991 session of Georgia General Assembly giving the Superior Court Judges of Candler County, Middle Judicial Circuit the authority to appoint the Chief Magistrate and any additional magistrate in Candler County. Candler County Board of Commissioners 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 Metter Advertiser which is the official organ of Candler County, on the following date: January 16, 1991. /s/ Larry J. Parrish Representative, 109th District

Page 4093

Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. PIKE COUNTYPIKE CLEAN AND BEAUTIFUL AUTHORITY; CREATION. No. 136 (House Bill No. 899). AN ACT To create the Pike Clean and Beautiful Authority for the purpose of assisting the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness; to provide for creation and organization; to provide for membership of the authority and terms of office; to provide for meetings; to provide for general responsibilities; to provide for funding; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the Pike Clean and Beautiful Authority which shall consist of 12 members each of whom shall be a resident of Pike County. The members of the authority shall be recommended by the Pike Leadership Group and approved by the Board of Commissioners of Pike County. (b) The membership of the authority shall be comprised in the following manner:

Page 4094

No. of Members Post Number Business and Industry 3 1-3 Community Organizations 3 4-6 Public Officeholders 2 7-8 Members at Large 4 9-12 (c) Members of the authority originally appointed to fill odd-numbered posts 1 through 11 shall be appointed for a term of one year. Members of the authority originally appointed to fill even-numbered posts 2 through 12 shall be appointed for a period of two years. Section 2 . There shall be an executive director of the Pike Clean and Beautiful Authority who shall be a member of the authority elected to the director position by a majority vote of all 12 members and a minimum of seven votes. The executive director of the authority shall serve for a period of two years, regardless of whether he or she was elected to the authority from a post originally designated for a term of one or two years. Section 3 . (a) Seven members of the authority shall constitute a quorum for the conduct of business. The members of the authority shall regularly attend meetings of the authority and shall serve without compensation except for reimbursement for authorized expenses attendant to the performance of the duties as outlined in the bylaws. (b) The authority shall hold an election of officers at a scheduled meeting in May of each year. Officers shall include a chairman and a vice chairman, secretary and treasurer. The authority shall meet regularly and shall designate the time and place of its meetings. (c) The authority shall adopt its own rules of procedures in the form of bylaws and keep a record of its proceedings. Newly appointed members shall be installed at the first regular meeting after their appointments.

Page 4095

(d) A report shall be submitted to the Board of Commissioners of Pike County on the work of the authority biannually, in January and July of each year. Section 4 . (a) The authority shall recommend recycling management policies to the Board of Commissioners of Pike County so that all county solid waste activities may follow a common purpose. The authority shall have the following responsibilities: (1) To develop county-wide recycling policy plans; (2) To evaluate county actions relating to those plans; (3) To determine and recommend to the board of commissioners management and program priorities on a county-wide basis; (4) To monitor county performance from data collected and examined under the Keep America Beautiful, Inc. system guidelines and make an annual report to the board of commissioners; and (5) To carry out such tasks as the board of commissioners may request. (b) To accomplish these responsibilities the authority shall establish subcommittees, including, but not limited to, areas of business and industry, community organizations, and municipal operations and schools. Section 5 . (a) Funds for expenses incurred by the authority, including office space, supplies, telephone, postage, publicity, education, recycling center rent, center upkeep, supplies, and other expenses required to support the Keep America Beautiful program, shall be furnished by the Board of Commissioners of Pike County to the extent deemed appropriate by such board. (b) The authority shall have the authority to request funding from both private and public sources including municipal governments within the county.

Page 4096

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 1991 session of the General Assembly of Georgia a bill to provide for the establishment of a Pike County Clean and Beautiful Authority; to provide for its membership, powers, duties, and authority; to provide for all matters relative to the foregoing; and for other purposes. This the 13th day of February, 1991. /s/ Bobby Harrison, Chairman Pike County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Crisp B. Flynt, 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 20, 1991. /s/ Crisp B. Flynt Representative, 75th District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4097

CITY OF LOGANVILLEGOVERNING AUTHORITY; ORGANIZATIONAL MEETING; MANAGER; REMOVAL. No. 137 (House Bill No. 911). 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 date of the organizational meeting of the city governing authority; to repeal certain procedures regarding removal of the city manager; 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 Section 2.18 in its entirety and inserting in lieu thereof a new Section 2.18 to read as follows: Section 2.18. Organization meeting. The city council shall meet as soon as practicable in January of each year for organization of the city government. The meeting shall be called to order by the mayor and the oath of office shall be administered to the newly elected members as follows: `I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmember, as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' Section 2 . Said Act is further amended by striking subsection (e) of Section 3.14, relating to removal of the city manager, in its entirety and redesignating subsection (f) as subsection (e).

Page 4098

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 1991 session of the General Assembly of Georgia a bill 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), as amended; and for other purposes. This 11th day of February, 1991. Julian Sellers, Mayor City of Loganville GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 15, 1991. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4099

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill 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), as amended; and for other purposes. This 11 day of February, 1991. -s- Julian R. Sellers 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 Home Weekly which is the official organ of Gwinnett County, on the following date: February 14, 1991. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4100

CITY OF MOULTRIEORDINANCE VIOLATIONS; PENALTIES. No. 138 (House Bill No. 909). 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, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4863), so as to change the penalty provisions for ordinance violations; 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 and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4863), is amended by striking Section 51 of said Act in its entirety 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 provided by Chapter 32 of Title 36 of the O.C.G.A. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given of intention to apply for passage of local legislation at the 1991 session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and Acts amendatory thereof. This 17th day of January, 1991.

Page 4101

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 23, 1991. /s/ C. J. Powell Representative, 145th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. KINGSLAND AREA CONVENTION AND VISITORS BUREAU AUTHORITYCREATION. No. 139 (House Bill No. 915). AN ACT To create the Kingsland 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 Kingsland, 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

Page 4102

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 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 Kingsland Area Convention and Visitors Bureau Authority Act. Section 2 . (a) The Kingsland Area Convention and Visitors Bureau Authority shall consist of five members who shall be at least 18 years of age and residents of the City of Kingsland or either an owner or employee of a business within the city. The mayor and each city councilperson shall appoint one member of the authority who shall serve for the time served by the councilperson or mayor who appointed them. Initially, all members shall serve for the remaining time of the councilperson or mayor so appointing. New appointments shall 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. Appointment of the members of the authority shall be made within 30 days of the date the councilperson or mayor takes office or within 30 days of the first meeting of the mayor and city council in January. (b) Any member can be removed by a majority vote of the mayor and entire council, with the mayor having the right to vote on the question of removal. (c) 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.

Page 4103

Section 4 . The authority shall have the power to employ an executive director as may be necessary in the operation of the 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 three 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 Kingsland; (2) Study, investigate, and develop plans for improving tourism in the City of Kingsland 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 4104

(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 4105

(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 4106

(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 Kingsland, 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 Kingsland 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 4107

Section 11 . The mayor and council of the City of Kingsland 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 Kingsland Area Convention and Visitors Bureau shall not have the power or authority to bind the City of Kingsland 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 1991 session of the General Assembly of Georgia a bill to create the Kingsland 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 Kingsland, 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.

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Dated this 14th day of February, 1991. HARRY D. DIXON Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: February 20, 1991. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF KINGSLANDCORPORATE LIMITS. No. 140 (House Bill No. 916). AN ACT To amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the corporate limits of such municipality; to repeal conflicting laws; and for other purposes.

Page 4109

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, is amended by adding immediately following Section 1B a new Section 1C to read as follows: Section 1C. In addition to any territory lying within the corporate limits of the City of Kingsland, such corporate limits shall also include all those lots, tracts, or parcels of land lying and being in the 1606th Georgia Militia District, Camden County, Georgia, more particularly described as follows: Being all of Parcels `A' and `B' for a total of approximately 26 acres as shown on that plat of survey by James M. Anderson, Georgia Registered Land Surveyor No. 2213, dated June 9, 1989, recorded in Plat Cabinet 2, Folio 35-D, of the deed records of the Camden County Superior Court, Camden County, Georgia. 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 1991 session of the General Assembly of Georgia a bill to annex into the city limits of Kingsland, Georgia approximately 26 acres of land located west of the city limits of Kingsland, Georgia adjacent to U. S. Highway 40 and being all of that land owned by the Camden County School District; 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. Dated this 16th day of February, 1991. HARRY D. DIXON Representative, 151st District

Page 4110

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: February 20, 1991. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BRYAN COUNTYSHERIFF; COMPENSATION. No. 141 (House Bill No. 920). AN ACT To amend an Act placing the sheriff, deputy sheriff, and clerk of the Superior Court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3755), 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.

Page 4111

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the sheriff, deputy sheriff, and clerk of the Superior Court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3755), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The sheriff shall receive an annual base salary of 105 percent of those amounts set as a minimum salary for sheriffs of counties with similar populations by paragraph (1) of subsection (a) of Code Section 15-16-20 of the O.C.G.A., as now or hereafter amended. In addition to said annual base salary, the sheriff shall also be entitled to and receive all cost of living raises provided in paragraph (2) of subsection (a) and all longevity increases provided in subsection (b) of Code Section 15-16-20 of the O.C.G.A., as now or hereafter amended. For the purpose of computing the sheriff's salary, all cost of living raises and longevity increases shall be computed by adding the appropriate amounts to or applying the appropriate multipliers to the annual base salary provided for in this section. Further, the sheriff shall be entitled to any other additional salary due to him under Code Section 15-16-20.1 of the O.C.G.A., as now or hereafter amended. Each deputy sheriff shall be compensated in such amount as shall be fixed by the governing authority of Bryan County. All salaries payable under this Act shall be paid in equal monthly installments from the funds of Bryan County. There shall be not more than six deputy sheriffs for Bryan County, unless the employment of additional deputies shall be approved by the governing authority of Bryan County. Section 2 . This Act shall become effective on July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Bryan County on an annual salary in lieu of the fee system of compensation approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended; and for other purposes. This 15th day of February, 1991. LEONARD J. PANZITTA VICE CHAIRMAN BRYAN COUNTY COMMISSIONERS STATE OF GEORGIA COUNTY OF Bryan Personally appeared before me, the undersigned Notary Public Marion W. Exley Who after being duly sworn stated under oath that he is the Publisher of Bryan County Times newspaper, a newspaper of general circulation published in the city of Pembroke Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in BRYAN COUNTY TIMES on February 20, 1991. /s/ Marion W. Exley Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Carole H. Groover Notary Public My Commission Expires Oct. 4, 1994. (SEAL) Approved April 4, 1991.

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CITY OF WARWICKMAYOR AND COUNCIL; TERMS; ELECTIONS. No. 142 (House Bill No. 922). AN ACT To amend an Act providing a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 426), so as to provide that the mayor and members of the city council shall serve for four-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), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 426), 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. The mayor and members of the council shall serve for four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he or she: (1) Has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) Continues to reside within the city during his or her period of service; (3) Is registered and qualified to vote in municipal elections of the City of Warwick; and (4) Meets the qualification standards required for members of the House of Representatives of the State of

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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 July 1, 1991, 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 charter. On the Tuesday next following the first Monday in November, 1991, an election shall be held for mayor and for city council posts three and four which expire in such year for terms of two years and until their successors are elected and qualified. On Tuesday next following the first Monday in November, 1993, and every four years thereafter, an election shall be held for such offices for terms of four years. On the Tuesday next following the first Monday in November, 1992, an election shall be held for city council posts one and two which expire in such year for terms of three years and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1995, and every four years thereafter, an election shall be held for such offices for terms of four years. The terms of office of members of the council shall begin at the day and hour of taking of the oath of office as provided in Section 2.30 of Article II of this charter. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warwick,

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approved April 17, 1975 (Ga. L. 1975, p. 3580), as amended; and for other purposes. This 21st day of February, 1991. Mayor and City Council City of Warwick, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to adminsiter 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 20, 1991. /s/ Ray Holland Representative, 136th District Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4116

BRYAN COUNTYPROBATE COURT; JUDGE; COMPENSATION. No. 143 (House Bill No. 923). AN ACT To amend an Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, approved March 22, 1974 (Ga. L. 1974, p. 3214), so as to change the amount of compensation of the Ordinary, now Probate Court Judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, approved March 22, 1974 (Ga. L. 1974, p. 3214), 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 Ordinary, now Probate Court Judge, shall receive an annual base salary in the amount of the minimum salary provided for superior court clerks of counties with similar populations as provided in subsection (a) of Code Section 15-6-88 of the O.C.G.A., as now or hereafter amended. In addition to said annual base salary, the Ordinary, now Probate Court Judge, shall also be entitled to and receive all cost-of-living raises provided in paragraph (3) of subsection (a) of Code Section 15-9-63 of the O.C.G.A., as now or hereafter amended, and longevity increases provided in Code Section 15-9-65 of the O.C.G.A., as now or hereafter amended. For the purpose of computing the Ordinary's, now Probate Court Judge's, salary hereunder, all cost-of-living raises and longevity increases shall be computed by adding the appropriate amounts to or applying the appropriate multipliers to the annual base salary provided for in this section. Further, the Ordinary, now Probate Court Judge, shall be entitled to any other additional salary due him under Code Section 15-9-64 of the O.C.G.A., as now or hereafter amended. All salaries payable under this Act shall be paid in equal monthly installments from the funds of Bryan County.

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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 1991 session of the General Assembly of Georgia a bill to amend an Act placing the Ordinary, now Probate Judge, of Bryan County on an annual salary in lieu of the fee system of compensation approved March 22, 1974 (Ga. L. 1974, p. 3214): and for other purposes. This 15th day of February, 1991. LEONARD J. PANZITTA VICE CHAIRMAN BRYAN COUNTY COMMISSIONERS STATE OF GEORGIA COUNTY OF Bryan Personally appeared before me, the undersigned Notary Public Marion W. Exley Who after being duly sworn stated under oath that he is the Publisher of Bryan County Times newspaper, a newspaper of general circulation published in the city of Pembroke Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in BRYAN COUNTY TIMES on February 20, 1991. /s/ Marion W. Exley

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Sworn to and subscribed before me, this 20th day of February, 1991. /s/ Carole H. Groover Notary Public My Commission Expires Oct. 4, 1994. (SEAL) Approved April 4, 1991. GLASCOCK COUNTYBOARD OF COMMISSIONERS; PAYMENT OF COUNTY OBLIGATIONS. No. 144 (House Bill No. 929). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, is amended by striking Section 12, which reads as follows: Section 12. Be it further enacted by the authority aforesaid that all obligations of the county, created under the provisions of this Act shall be paid by county warrants, and as herein provided, unless otherwise provided by law, to the party to whom such obligation may be due. The Commissioners shall require at their regular monthly meeting lists of all employees

Page 4119

to be filed, showing the names of the employees, the dates and amounts due them for services rendered during the preceding month., and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Be it further enacted by the authority aforesaid that all obligations of the county created under the provisions of this Act shall be paid out of the county treasury in a manner to be prescribed by the board, unless otherwise provided by law, to the party to whom such obligation may be due. The commissioners shall require at their regular monthly meeting lists of all employees to be filed, showing the names of the employees, the dates, and amounts due them for services rendered during the preceding month. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock, approved February 8, 1945 (GA. L. 1945, p. 569), as amended; and for other purposes. The 5th day of February, 1991. Glascock County Board of Commissioners Murray E. Hadden, Chairman 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 Gibson Record

Page 4120

and Guide which is the official organ of Glascock County, on the following date: February 22, 1991. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BURKE COUNTY ECONOMIC DEVELOPMENT AUTHORITYCREATION. No. 145 (House Bill No. 930). AN ACT To create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority; to provide for a short title; to provide for the legislative purpose; to define terms; to create the authority and provide for its members and their terms, powers, duties, vacancies, compensation, expenses, and officers; to provide for the purposes and powers of the authority; to provide for the issuance of revenue bonds; to provide for the authorized contents of agreements and instruments; to provide for the tax exemption of its properties, income, and obligations; to provide for authority for enactment; to provide that the offer, sale, or issuance of obligations of the authority shall not be subject to regulation under Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4121

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act may be referred to as the Burke County Economic Development Authority Act. Section 2 . Legislative purpose. The purpose of this Act is to provide for the economic development of Burke County, to develop and promote for the public good and general welfare infrastructure, trade, commerce, business, industry, research, training support services, eleemosynary institutions, and employment opportunities and promote the general welfare of this state by creating a climate favorable to the location of new industry, trade, business, commerce, research, training support services, and eleemosynary institutions and the development of existing industry, trade, business, commerce, research, training support services, and eleemosynary institutions within Burke County. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Burke County Economic Development Authority. (2) Cost of the project or cost of any project means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred 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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property

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used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection for any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans;

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(L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (3) 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 Burke County, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, building structure, facility, or other improvement, all of the essential public purpose of the development of trade, commerce, industry, and employment opportunities in Burke County. A project may be for any industrial, commercial, business, office, parking, distribution, retail, eleemosynary, research, training, testing, service, agribusiness, communications, professional, transportation, or other similar use, or a public infrastructure use directly supporting the development of trade, commerce, and industry, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this Act.

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(4) Revenue bonds or bonds means any bonds of the authority 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 authority. Section 4 . Creation of authority. (a) There is created the Burke County Economic Development Authority which shall be a body corporate and politic and is declared to be a public corporation created for the economic development of Burke County and for the improvement of the general welfare of the people of Burke County and the State of Georgia. The authority shall have a board of directors which shall consist of seven members, five of whom shall be the same as and co-existent with the members of the Board of Commissioners of Burke County and two of whom shall be the chairman and vice chairman of the Development Authority of Burke County created pursuant to the authority of the Development Authorities Law, Chapter 62 of Title 36 of the Official Code of Georgia Annotated. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer, either of whom may but need not be a director. The authority shall have perpetual existence. (b) (1) (A) The provisions of Code Section 45-10-3 of the Official Code of Georgia Annotated shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 of the Official Code of Georgia Annotated and subparagraph (A) of this paragraph 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 director or any organization or person with which any director of the authority is in any way interested or involved, provided (i) that any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (ii) that no director 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

Page 4125

any such organization or person, and (iii) that no director 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 subsection, the term substantial interest or involvement means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. (2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 of the Official Code of Georgia Annotated shall be deemed to prohibit any director who is present at any meeting or who participates in 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. (c) The directors of the authority shall be reimbursed for actual expenses incurred in the performance of their duties. Section 5 . Powers of authority generally. (a) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of

Page 4126

every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the authority is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;

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(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation or county or other political subdivision of this state for the use by the authority of any facilities or services of the state or any such state institution, municipal corporation, or county, or for the use by any state institution or any municipal corporation or county of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are authorized by law to undertake; (11) To extend credit or make loans to any person, corporation, partnership (whether limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this Act in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable; (12) Whenever revenue bonds of the authority have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be

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renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (13) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including, but not limited to, real property, fixtures, personal property, contracts, rights, and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument

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encumbering such property may be foreclosed in accordance with law and the terms thereof; (14) To receive and use the proceeds of any tax levied by Burke County or any municipal corporation within Burke County to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (15) To make, receive, and administer gifts, gratuities, grants, and devises of money and property of any kind and to administer trusts; (16) To use and operate any real property, personal property, or fixtures or any interest therein and to carry on any commercial activity in connection therewith or to rent or lease such property to or from others or make contracts with respect to the use and operation thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (17) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (18) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (19) To encourage and promote the economic development of Burke County and to make, contract for, or otherwise cause to be made long-range plans or proposals for the economic development of Burke County;

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(20) To make grants and incentives of money, property, or services designed to promote the growth of employment and the tax receipts in Burke County; (21) To invest its funds, from whatever source derived, in such manner as it may deem appropriate, without further restriction, including without limitation equity investments in corporations or other legal entities including common stock, preferred stock, convertible debentures, stock options, and warrants; (22) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (23) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (24) 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 Code 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 6 . Revenue bonds. (a) Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. (b) All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the directors of the authority present at a regular or special meeting. (c) Revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more

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than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority. (f) Bonds and other obligations of the authority shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. (g) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.

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(h) Bonds of the authority shall bear a certificate of validation. The signature of the clerk of the Superior Court of Burke 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. (i) With respect to the validation of bonds, in lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice ot the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Act shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (j) The terms cost of the project and cost of any project shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 7 . Authorized contents of agreements and instruments of authority generally; use of proceeds; subsequent issues. (a) Subject to the limitations and procedures provided by this Act, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used

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for the ultimate purpose of paying, directly or indirectly, as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 8 . Obligations of authority not public debt of state or political subdivision thereof. No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof, nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of this state or any county, municipal corporation, or political subdivision thereof. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision. Section 9 . Constitutional authority for enactment of Act; tax exemption. This Act is enacted pursuant to authority granted the General Assembly by the Constitution of Georgia. The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other

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obligations issued under this Act that the authority shall not be required to pay any taxes of any kind or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts thereof upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it or others or upon its activities in the purchase, use, sale, disposition, operation, or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. Deeds to secure debt and similar instruments given and recorded to support or to secure the bonds, notes, or obligations of the authority or to support or to secure obligations pledged in support of the bonds, notes, or obligations of the authority shall be exempt from all intangibles, intangibles recording, and other taxation within this state. Section 10 . Construction of Act; applicability of the Georgia Securities Act of 1973. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973. Section 11 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . Repeal. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the

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Burke County Economic Development Authority; and for other purposes. This 13th day of February, 1991. Emory E. Bargeron Representative, 108th 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 True Citizen which is the official organ of Burke County, on the following date: February 14, 1991. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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BURKE COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 146 (House Bill No. 931). AN ACT To provide for the creation of one or more community improvement districts in Burke County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide standards concerning conflicts of interest; to provide for debt of said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for the form of bonds and definition of the terms cost of the project or cost of any project as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of the sale of bonds, notes, and other instruments, and subsequent issues of bonds, notes, and other instruments; to provide for construction; to provide that Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the districts' notes or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for termination and dissolution of districts; to provide the procedures connected with the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known as the Burke County Project Financing Community Improvement Districts Act. Section 2 . Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Burke County and each municipality therein, and

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such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created by this Act or any supplemental resolution amending same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions. As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit, or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district authorized by this Act. (3) Bonds or general obligation bonds means any bonds of a 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 a district.

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(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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses

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incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district

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is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant to this Act, as the context requires or permits. (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 (A) the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Burke County Board of Tax Assessors, or (B) if so specified, such other method specified in the project specifications. (7) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undersirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) Hereby, herein, hereinunder, or herewith means under this Act. (9) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements located or to be located within 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 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, which project is a project described in the project specifications for the district.

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(10) Project specifications means a description of the project or projects to be undertaken by the district. The project specifications must include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following: (A) the maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) the maximum period of time during which such taxes, fees, and assessments may be levied; and (C) a method for the equitable apportionment of such taxes, fees, and assessments. (11) 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 Burke County within the district as certified by the Burke County tax commissioner. Miltiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) Property used nonresidentially means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office of institutional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (13) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. Section 4 . Creation; project specifications; conflicts of interest. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Burke County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board

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as hereinafter constituted. The conditions for such activation shall be: (1) The delivery of a petition by any taxpayer, containing the project specifications for the proposed district, to the Board of Commissioners of Burke County and, if applicable, the governing authority of any municipality in which any part of the proposed district is to be located; (2) The adoption of a resolution consenting to the creation of each community improvement district and to the project specifications by: (A) The Board of Commissioners of Burke County if the district is located wholly within the unincorporated area of Burke County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality and wholly within Burke County; or (C) The governing authorities of Burke County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Burke County and partially within the incorporated area of any municipality within Burke County; and (3) Written consent to the creation of the community improvement district and to the project specifications by all 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. The written consents provided for above shall be submitted to the Burke County tax commissioner who shall certify whether subparagraphs (A), (B), and (C) of paragraph (2) of this subsection, as applicable, have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts

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activated under this Act, and with the Department of Community Affairs. (b) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holder's written consent, by the adoption, certification, and filing of consents as described in paragraph (3) of subsection (a) of this section. (c) (1) The provisions of Code Section 45-10-3 of the Official Code of Georgia Annotated shall apply to all directors of the district, and a director of the district shall not engage in any transaction with the district. (2) The provisions of paragraph (9) of Code Section 45-10-3 of the Official Code of Georgia Annotated shall be deemed to have been complied with and the district may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the district is in any way interested or involved, provided (A) that any interest or involvement by such director is disclosed in advance to the directors of the district and is recorded in the minutes of the district, (B) that no director having a substantial interest or involvement may be present at that portion of a district meeting during which discussion of any matter is conducted involving any such organization or person, and (C) that no director having a substantial interest or involvement may participate in any decision of the district relating to any matter involving such organization or person. As used in this paragraph, a substantial interest or involvement means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the district, which determination shall be final and not subject to review. (3) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 of the Official Code of Georgia Annotated shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the district from providing legal services in connection

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with any of the undertakings of the district or from being paid for such services. Section 5 . Administration and appointment of board members. (a) Each district created pursuant hereto which lies wholly within unincorporated Burke County shall be administered by a seven-member board appointed by the Board of Commissioners of Burke County; provided, however, that so long as the directors of the Burke County Economic Development Authority, created pursuant to the provisions of an Act adopted at the 1991 regular session of the General Assembly of Georgia, shall be appointed by the Board of Commissioners of Burke County, the members of the board of each community improvement district created under this Act shall be the same as and shall serve terms coextensive with the board of directors, as now or hereafter constituted, of the Burke County Economic Development Authority. (b) Each district created pursuant hereto which lies wholly within an incorporated area in Burke County or partially within unincorporated Burke County and partially in an incorporated area of Burke County shall be administered by a board of which seven members are appointed by the Board of Commissioners of Burke County and one member is appointed by each municipality within which the community improvement district wholly or partially lies; provided, however, so long as the directors of the Development Authority of Burke County are appointed by the Board of Commissioners of Burke County, the seven members of the board of each community improvement district to be appointed by the Board of Commissioners of Burke County shall be the same as and shall serve terms coextensive with the board of directors, as now or hereafter constituted, of the Burke County Economic Development Authority. The board member or members appointed by each municipality within which the community improvement district wholly or partially lies shall serve at the pleasure of the governing body which appointed such member. 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 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

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so levied shall not exceed 2 percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments accroding 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 the projects described in the project specifications and not for the purpose of providing those governmental services and facilities provided to Burke County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Burke County if the district lies wholly or partly within the unincorporated area of Burke County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Burke County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Burke County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied shall be transmitted by Burke County or the municipality which collects same to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and June 1 each calendar year and notify in writing the collecting governing bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a 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. (a) The boundaries of each district shall be as designated as such by the Board of Commissioners of Burke County if wholly within the unincorporated area of Burke County and such municipalities within which

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the district may be partially located if partially within the unincorporated area of Burke County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) The acquisition of written consent of all of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) The adoption of a resolution consenting to the annexation by the board of the district; and (3) The adoption of a resolution consenting to the annexation by the governing authorities of Burke County, if any portion of the district is or is to be in the unincorporated area of Burke County, and such municipalities as may have area within the district before or after the annexation. Section 8 . Debt. Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Burke County and any municipalities within which the district is partially located. The cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of Burke County or any such municipality to provide services or facilities within the district,

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and Burke County or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any 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 municipality or Burke County. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Powers. (a) Each district and its board created pursuant to this Act shall have all 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, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether

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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 incidential to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance 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, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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

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district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) 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 in the best advantage of the district and the public purposes thereof;

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(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 Burke County and any municipal corporations in which the district is wholly or partially located; (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restrictions. (18) 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; (19) 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 (20) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 11 . Bonds - Generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged (subject to the power of the district to tax only in accordance with any limitations established by the project specifications).

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(b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times, not more than 40 years from their respective dates, shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds, then outstanding and partly for any other purpose 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 these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. Bonds shall bear a certificate of validation. The signature of the

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clerk of the Superior Court of Burke County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed 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 or proceedings to validate such bonds, notes, or other obligations of a district. Section 12 . Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes. etc. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted

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in this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; applicability of Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes of this Act. 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 Official Code of Georgia Annotated, known as 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 . Termination. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to Burke County, unless the district shall lie wholly within an incorporated area, in which case the property rights and obligations of the district shall devolve to the municipality in which the district shall lie. Section 15 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Burke County and in each municipality therein; and for other purposes. This 20th day of February, 1991. Emory E. Bargeron Representative, 108th 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 True Citizen which is the official organ of Burke County, on the following date: February 21, 1991. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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COOSA WATER AUTHORITYBOUNDARIES. No. 147 (House Bill No. 935). AN ACT To amend an Act creating the Coosa Water Authority, approved April 7, 1972 (Ga. L. 1972, p. 3926), so as to change the geographic boundaries of the service area of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Coosa Water Authority, approved April 7, 1972 (Ga. L. 1972, p. 3926), 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 area served by the Coosa Water Authority shall be within the geographic boundaries of Union County and shall be bounded by and contiguous to the following area: Beginning at a point where Butternut Creek joins the Nottely River; thence North the West side of the Nottely River to the point where the Nottely River is joined by Kiutuestia Creek; thence Westerly up the South side of Kiutuestia Creek to the first branch which joins the North side of Kiutuestia Creek; then up the South side of said branch Northerly to the South side of Union County Road No. 30; thence Westerly along the South side of Union County Road No. 30 to the South side of the Appalachian Highway; thence Westerly along the South side of the Appalachian Highway to the Westernmost crossing of said highway by the South side of Union County Road No. 130 at Queen's Gap; thence Southwesterly along the East side of the main ridge of Coffey Mountain to the East end of Union County Road No. 322; thence Westerly along the East side of Union County Road No. 322 to its junction with the East side of Union County Road No. 95; thence Southerly along the East side of Union County Road No. 95 to the South side of the old Blue Ridge Highway; thence Easterly along the South side of the old Blue Ridge

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Highway to Skeenah Gap Road; thence Westerly along Skeenah Gap Road (including Union County Road No. 113 and that portion of Union County Road No. 191 South of Young Cane Creek) to the Union County and Fannin County line; thence Southerly with the Union County and Fannin County line to the point where the Union County line and Fannin County line intersect the Lumpkin County line; thence Easterly with the Union County and Lumpkin County line to the point where the Union County line and Lumpkin County line intersect the White County line; thence Easterly and Northerly along the Union County line and White County line to the point where the Union County line and the White County line intersect the Towns County line; thence Northerly along the Union County line and the Towns County line to the Terminus of the Arkaquah Trail in the current Brasstown Bald Visitor Parking Lot; thence Westerly along the Arkaquah Trail to Union County Road No. 235 (S2323); thence Southerly and Easterly along Union County Road No. 235 to Union County Road No. 234 (S2322); thence Easterly along Union County Road No. 234 to U. S. Highways 19 and 129; thence crossing said Highways and Easterly along Union County Road No. 40 to the center of the Nottely River; thence Northerly along the West side of the Nottely River to the point of beginning, where Butternut Creek joins the Nottely River, excluding from said area those portions thereof presently receiving water and/or sewage service from the City of Blairsville, Georgia and excluding from said area the water treatment facilities of the City of Blairsville now located in the Nottely River. 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 1991 Session of the General Assembly of Georgia a bill amending

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the Act creating the Coosa Water Authority (Ga. Laws 1972, pp. 3926 et seq.), to repeal conflicting laws; and for other purposes. This the 18th day of February, 1991. Carlton H. Colwell, Representative 4th District, Post 1 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: February 20, 1991. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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NOTLA WATER AUTHORITYBOUNDARIES. No. 148 (House Bill No. 940). AN ACT To amend an Act creating the Notla Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3385), so as to change the geographic boundaries of the service area of the Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Notla Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3385), 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 area served by the Notla Water Authority shall be within the geographic boundaries of Union County and shall be bounded by and contiguous to the following area: Beginning at a point where Butternut Creek joins the Nottely River; thence North the East side of the Nottely River to the point where the Nottely River is joined Kiutuestia Creek; thence Westerly up the North side of Kiutestia Creek to the first branch which joins the North side of Kiutuesta Creek; then up the North side of said branch Northerly, to Union County Road No. 30; thence Westerly along the North side of Union County Road No. 30 to the Appalachian Highway; thence Westerly along the North side of the Appalachian Highway to the Westernmost crossing of said highway by the North side of Union County Road No. 130 at Queen's Gap; then Southwesterly along the West side of the main ridge of Coffey Mountain to the East end of Union County Road No. 322; thence Westerly along the West side of Union County Road No. 322 to its junction with Union County Road No. 95; thence Southerly along the West side of Union County Road No. 95 to the North side of the old Blue Ridge Highway; thence Westerly along the North side of the old Blue Ridge Highway to Young Cane Creek; thence

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Southerly along the West and North side of Young Cane Creek to Union County Road No. 191; thence Northerly along the West side of Union County Road No. 191 to Union County Road No. 111; thence Northerly along the West side of Union County Road No. 111 to Watts Creek, thence Westerly along the Northern forks and North side of Watts Creek to Wolf Pen Gap and the Union County and Fannin County lines; thence Northerly with the Union County and Fannin County to the State of Georgia State of North Carolina line; thence East with the State of Georgia State of North Carolina to the Union County Towns County line; thence Southerly with the Union County Towns County line to a point adjacent to Hullander Knobs; then Westerly across the top of Hullander Knobs, Juber Knob and Stevens Ridge to the top of Atkins Knob; thence Southerly from the top of Atkins Knob a straight line to the end of Union County Road No. 212; thence Southerly down Union County Road No. 212 to Union County Road No. 19; thence Easterly along Union County Road No. 19 to Union County Road No. 18; thence Southerly along Union County Road No. 18 to Pat Haralson Memorial Drive; thence Easterly and thence Southerly along the South side of Pat Haralson Memorial Drive to the City of Blairsville corporate limits; thence Westerly along the City of Blairsville corporate limits to Butternut Creek; thence Westerly down Butternut Creek to the point of beginning; excluding from said area those portions thereof presently receiving water and/or sewage service from the City of Blairsville, Georgia. 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 1991 Session of the General Assembly of Georgia a bill amending the Act creating the Notla Water Authority (Ga. Laws 1972, pp. 3385 et seq.), as amended, to repeal conflicting laws; and for other purposes.

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This the 18th day of February, 1991. Carlton H. Colwell, Representative 4th District, Post 1 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: February 20, 1991. /s/ Carlton H. Colwell Representative, 4th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. MUSCOGEE COUNTYBOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 149 (House Bill No. 941). AN ACT To create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the

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present board of elections and the board of voter registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A.; to establish the membership of the board at five, consisting of one each from the two major political parties and three appointed by the governing authority; to provide for initial terms and thereafter for four-year terms for members and for the selection of a chairperson by the members; to set up the position of executive director who will be appointed by the Columbus Council and who will hire a staff to carry out the work of conducting elections and registering voters; to authorize compensation for board members, the executive director, and the staff and to give the employees who constitute the staff appeal rights to the Columbus Personnel Review Board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Pursuant to the authority of subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created and established in and for Muscogee County the Muscogee County Board of Elections and Registration for the purpose of carrying out the duties heretofore exercised by the Muscogee County Board of Elections and the Muscogee County Board of Registrars and which shall have the powers relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures that are provided for in the laws of Georgia. Section 2 . (a) The Muscogee County Board of Elections and Registration shall be composed of five members, each of whom shall be an elector and resident of Muscogee County, to be selected by the following methods: (1) One member shall be appointed by the chairperson or person designated by said chairperson of the political party whose candidates in the immediately preceding November general election received the largest number of votes in Georgia for members of the General Assembly; (2) One member shall be appointed by the chairperson or person designated by said chairperson of the political party whose candidates in the immediately preceding

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November general election received the next largest number of votes in Georgia for members of the General Assembly; and (3) Three members shall be appointed by the Columbus Council. (b) In the event that members who represent political parties are not appointed within 60 days after creation of this board, or within 60 days after creation of a vacancy in such a position, the Columbus Council shall make the necessary appointment. Section 3 . Each person having the authority to appoint members on behalf of a political party shall file with the clerk of the Superior Court of Muscogee County an affidavit stating the name and residential address of the party's appointee and the clerk of council shall file a similar affidavit with the clerk of superior court for the council's appointees; the clerk of the superior court shall record said names upon the minutes of the superior court and certify said names to the Secretary of State and shall provide for the issuance of appropriate commissions to said members as provided by law for registrars, and said clerk shall administer to members an oath similar to the oath prescribed for registrars in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. Section 4 . Appointments to the Muscogee County Board of Elections and Registration shall be made as soon as practicable after the effective date of this Act, and members appointed for these initial terms shall serve until December 31, 1991; thereafter, appointees of political parties shall serve for two-year terms ending December 31, 1993, and then for four-year terms; and appointees of the Columbus Council shall serve for four-year terms ending December 31, 1995, and then for four-year terms. All appointees shall serve until the appointment and qualification of their respective successors. Section 5 . Members shall be eligible to succeed themselves according to rules of succession established by either an ordinance or resolution of the Columbus Council, and a member shall be subject to removal for cause, after notice and hearing, by the respective appointing authority and under applicable rules of general law for the removal of registrars.

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Section 6 . Members of the board shall select from among themselves a chairperson. Section 7 . The Columbus Council shall appoint an executive director, who shall hire a staff necessary for carrying out the responsibilities that rest upon the board of elections and registration; and such positions of employment and the compensation therefor shall be established in the annual budget ordinance of the consolidated government or in amendments thereto. Section 8 . Compensation of members of the Muscogee County Board of Elections and Registration and of the executive director shall be fixed by the Columbus Council. Section 9 . The executive director shall supervise employees who constitute the staff of the Muscogee County Board of Elections and Registration and said employees, in the event of dismissals or other disciplinary action, shall have the right to appeal to the Columbus Personnel Review Board. Section 10 . No elected official, no employee of any elected official, and no appointed officer or employee of the consolidated government shall serve as a member of the Muscogee County Board of Elections and Registration, either as the executive director or as a member of the staff hired by the executive director to perform the duties required of said board. Section 11 . In addition to having the powers and performing the duties heretofore held and performed by the Muscogee County Board of Elections and the Muscogee County Board of Registrars, the Muscogee County Board of Elections and Registration shall be governed by the general laws hereinafter enacted by the General Assembly of Georgia that apply to boards of elections and to registrars or to combined boards of elections and registration. Section 12 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, an Act to create a Board of Elections and Registration for Muscogee County and to empower the Board with the powers and duties of the present Board of Elections and the Board of Voter Registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting procedures pursuant O.C.G.A. #21-2-40(b); to establish the membership of the Board at five consisting of one each from the two major political parties and three appointed by the governing authority; to provide for initial terms and thereafter for four-year terms for members and for the selection of a Chairperson by the members; to set up the position of Executive Director who will be appointed by the Columbus Council and who will hire a staff to carry out the work of conducting elections and registering voters; to authorize compensation for board members, the Executive Director, and the staff, and to give the employees who constitute the staff appeal rights to the Columbus Personnel Review Board; to repeal conflicting laws; and for other purposes. This the 20 day of February, 1991. /s/ E. H. POLLEYS, JR. City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County, on the following date: February 22, 1991. /s/ Thomas B. Buck III Representative, 95th District

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Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. MUSCOGEE COUNTYSTATE COURT; FULL-TIME CHIEF ASSISTANT SOLICITOR; DUTIES; COMPENSATION. No. 150 (House Bill No. 942). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to provide for a full-time chief assistant solicitor; to provide for duties and compensation; to abolish a certain position of assistant solicitor upon certain appointment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, is amended by adding a new section immediately following Section 3B, to be designated Section 3C, to read as follows: Section 3C. (a) Upon approval of the governing authority of the consolidated government of Columbus, Georgia, the solicitor may appoint a chief assistant solicitor who shall serve at the pleasure of the solicitor.

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(b) Such chief assistant solicitor shall have been admitted to the State Bar of Georgia. He shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure in office. (c) The chief assistant solicitor shall be compensated in an amount of not less than $35,000.00 per annum nor more than $40,000.00 per annum as determined by the solicitor. Such compensation shall be payable in equal monthly installments from the funds of Muscogee County. (d) In the event a chief assistant solicitor is appointed by the solicitor under subsection (a) of this section, the position of assistant solicitor created under Section 3 of an Act approved March 3, 1962 (Ga. L. 1962, p. 2531) shall stand abolished. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January 1991, session of the General Assembly of Georgia, a bill to amend an act establishing a City Court in the City of Columbus of Muscogee County, Georgia (now known as the State Court of Muscogee County), approved December 20, 1884 (GA. L. 1884-85, p. 455), as amended, so as to change the status of the part-time assistant solicitor to full-time assistant solicitor of said court; to provide a salary therefor; to provide an effective date; to repeal conflicting laws, and for other purposes. This 13th day of February, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck III, who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is

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the official organ of Muscogee County, on the following date: February 14, 1991. /s/ Thomas B. Buck III Representative, 95th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. TALLAPOOSA JUDICIAL CIRCUITJUDGES; DISTRICT ATTORNEY; SUPPLEMENTAL EXPENSE ALLOWANCE. No. 151 (House Bill No. 947). AN ACT To provide for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit; to provide for the payment of such allowances by the counties comprising said circuit; to provide that such allowances shall not be used in determining any pension, retirement, or other benefits paid to such judges and district attorney by the counties comprising the circuit, nor in determining any payments to any such judge who becomes a judge of the superior courts emeritus or to any such district attorney who becomes a district attorney emeritus or who retires pursuant to the District Attorneys Retirement Fund of Georgia or the District Attorneys' Retirement System; to repeal specific Acts; to provide for related

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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 . In addition to the compensation and expenses paid from state funds, each judge of the superior courts of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $11,000.00 per annum, payable in equal monthly installments from the funds of the counties comprising such circuit. The governing authority of each county within the circuit shall pay that percentage of the total supplemental expense allowance that the population of the county bears to the total population of all counties within the judicial circuit, according to the United States decennial census of 1990 for the State of Georgia or any future such census. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance shall not be used or included in calculating any pension, retirement, or other benefits or payments to any such judge by the counties comprising the Tallapoosa Judicial Circuit, nor shall such supplemental expense allowance be used or included in calculating any other payments to any such judge who becomes a judge of the superior courts emeritus. Section 2 . In addition to the compensation and expenses paid from state funds, the district attorney of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $11,000.00 per annum, payable in equal monthly installments from the funds of the counties comprising such circuit. The governing authority of each county within the circuit shall pay that percentage of the total supplemental expense allowance that the population of the county bears to the total population of all counties within the judicial circuit, according to the United States decennial census of 1990 for the State of Georgia or any future such census. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance shall not be used or included in calculating any pension, retirement, or other benefits or payments to any such district attorney by the counties comprising the Tallapoosa Judicial Circuit, nor shall such supplemental expense allowance be used or included in calculating any other payments to any such district attorney who becomes a district attorney emeritus

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or who retires pursuant to the District Attorneys Retirement Fund of Georgia or the District Attorneys' Retirement System. Section 3 . The following laws and parts of laws are repealed in their entirety: (1) An Act providing for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit, approved March 24, 1976 (Ga. L. 1976, p. 632); and (2) An Act providing for a supplemental expense allowance for the district attorney of the Tallapoosa Judicial Circuit, approved March 12, 1984 (Ga. L. 1984, p. 339). Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for supplemental expense allowances to be paid to the judges and district attorney of the superior courts of the Tallapoosa Judicial Circuit from funds of the counties comprising said circuit; to provide for related matters; and for other purposes. This 12 day of February, 1991. Arthur W. Fudger Chief Judge Marion Cummings Judge, William A. Foster, III District Attorney

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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 Dallas New Era which is the official organ of Paulding County, on the following date: February 21, 1991. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for supplemental expense allowances to be paid to the judges and district attorney of the superior courts of the Tallapoosa Judicial Circuit from funds of the counties said circuit; to provide for related matters; and for other purposes. This 12th day of February, 1991. Arthur W. Fudger, Chief Judge Marion Cummings, Judge William A. Foster, III District Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on

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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 Cedartown Standard which is the official organ of Polk County, on the following date: February 19, 1991. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for supplemental expenses allowances to be paid to the judges and district attorney of the superior courts of the Tallapoosa Judicial Circuit from funds of the counties comprising said circuit; to provide for related matters; and for other purposes. This 12 day of February, 1991. s/ Arthur W. Fudger Chief Judge s/ Marion Cummings Judge s/ William A. Foster, III District Attorney 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

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Local Legislation was published in the Gateway Beacon which is the official organ of Haralson County, on the following date: February 21, 1991. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF CENTERVILLECORPORATE LIMITS. No. 152 (House Bill No. 948). 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 February 27, 1990 (Ga. L. 1990, p. 3550), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved February 27, 1990 (Ga. L. 1990, p. 3550), is amended by adding at the end of paragraph (2) the following:

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Also included within the corporate limits of the City of Centerville is the following described property to wit: All that tract or parcel of land lying and being in Land Lots 138 and 139 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 westerly boundary of Carl Vinson Parkway; thence in a generally northerly direction along the westerly boundary of said Carl Vinson Parkway to a point where the southwesterly boundary of Elberta Road intersects with the northwesterly boundary of said Carl Vinson Parkway, said boundary of Elberta Road also being the Corporate limits of the City of Centerville; thence following the extension of the southwesterly boundary of Elberta Road in a southeasterly direction crossing Carl Vinson Parkway to a point where said line extension intersects with the southeasterly boundary of Carl Vinson Parkway; thence a generally southerly direction along the easterly boundary of said Carl Vinson Parkway to a point where the easterly boundary of said road intersects with the northerly boundary of Watson Boulevard (SR 247 Connector); thence in a westerly direction along the northerly boundary of said road to a point on the westerly boundary of Carl Vinson Parkway, said point being 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 1991 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.

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This 15th day of January, 1991. Honorable Jay Walker Representative, 113rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Walker, who, on oath, deposes and says that he is Representative from the 113rd 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 23, 1991. /s/ Jay Walker Representative, 113rd District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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PULASKI COUNTYBOARD OF EDUCATION; CONSOLIDATION AND RESTATEMENT OF LAW; MEMBERS; NONPARTISAN ELECTION; QUALIFICATIONS; VACANCIES; DATES OF ELECTIONS; REFERENDUM. No. 153 (House Bill No. 953). 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 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

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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 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

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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 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 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.

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(b) 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. (c) The first members nominated and elected in nonpartisan primaries and elections from education districts 3, 4, and 7 shall be nominated and elected in 1996 and shall take office on the first day of January, 1997, for terms of six years and until their successors are 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, that vacancy shall be filled as follows: (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 Pulaski 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

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out the remaining unexpired term and until a successor is elected and qualified; and (2) If the vacancy occurs at any time other than as specified in paragraph (1) of this subsection, 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. 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 . 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 Pulaski County shall call and conduct an election for the purpose of submitting this Act to the electors of the Pulaski County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pulaski County. The ballot shall have written or printed thereon the words:

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() 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? 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 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); (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); and (3) An Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relating to the board, approved March 22, 1990 (Ga. L. 1990, p. 4415). Section 6 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that I intend to introduce legislation within the 1991 Session of the General Assembly of Georgia to provide an amendment to the present method of filing vacancies to the Pulaski County Board of Education whereby the Board could make appointments to fill such vacancies only unitl the next regular general election is held This 12th day of February, 1991. Newt Hudson, Representative 117th District 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 20, 1991. /s/ W. N. Hudson Representative, 117th District Sworn to and subscribed before me, this 1st day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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MACON COUNTYMOTOR VEHICLES; DESIGNATED REGISTRATION PERIODS. No. 154 (House Bill No. 957). AN ACT To repeal an Act providing designated registration periods for registration of motor vehicles in Macon County, approved March 10, 1988 (Ga. L. 1988, p. 3882); to provide 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 designated registration periods for registration of motor vehicles in Macon County, approved March 10, 1988 (Ga. L. 1988, p. 3882), is repealed in its entirety. Section 2 . This Act shall become effective December 31, 1991, and Code Section 40-2-20.1 of the O.C.G.A. shall not thereafter apply with respect to Macon County. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County, approved March 10, 1988 (Ga. L. 1988, p. 3882); and for other purposes. This 8th day of February, 1991. Honorable Larry Walker Representative, 115th District GEORGIA, FULTON COUNTY

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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 Citizen and Georgian which is the official organ of Macon County, on the following date: February 13, 1991. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 1st day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. GWINNETT COUNTYRECORDER'S COURT; SOLICITOR; APPOINTMENT; COMPENSATION; ASSISTANT SOLICITORS; SELECTION; COMPENSATION. No. 155 (House Bill No. 967). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors; to change the provisions relating to the selection of assistant solicitors; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking Section 6A and inserting in its place a new Section 6A to read as follows: Section 6A. Solicitor and assistant solicitors. (a) Effective July 1, 1991, the chief judge of the recorder's court shall appoint a solicitor to serve for a term of office of four years and until his successor is appointed and qualified. The solicitor shall interview and subpoena witnesses and shall produce evidence to the court. The solicitor shall possess the same qualifications as the solicitor of the State Court of Gwinnett County. The solicitor's salary shall be equal to 75 percent of the salary of the district attorney of the Gwinnett Judicial Circuit, which salary shall be paid by the governing authority of Gwinnett County. (b) The solicitor is authorized to employ assistant solicitors upon approval by the governing authority of Gwinnett County. Such assistant solicitors shall perform the same duties and possess the same qualifications as the solicitor. Each assistant solicitor's salary shall be in such amount as shall be provided by the governing authority of Gwinnett County and shall be paid by the governing authority of Gwinnett County. Section 2 . This Act shall become effective on July 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended; and for other purposes. This 15th day of January, 1991.

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-s- Mike Barnett Honorable Mike Barnett Representative, 59th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly which is the official organ of Gwinnett County, on the following date: January 24, 1991. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 30th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF KINGSLANDMANAGER; DUTIES; POWERS. No. 156 (House Bill No. 971). AN ACT To amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4698), so as to change the mandatory provision of having a city manager

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employed by the City of Kingsland; to clarify the duties and responsibilities of a city manager; to provide for general powers; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4698), is amended by striking Section 1.1 and inserting in lieu thereof a new Section 1.1 to read as follows: Section 1.1 (a) A city manager may be appointed by a majority vote of all councilmembers for a term set by written contract with the city manager. (b) The city manager shall be chosen solely on the basis of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices with respect to the duties of the office set forth in this section. At the time of appointment, he or she need not be a resident of the city or the state, but during the tenure of office he or she shall reside within the geographical limits of the 1606th G. M. District, Camden County, Georgia. (c) The council may remove the city manager by such procedure as may be set out in the city manager's contract with the city. (d) The council may appoint a person to serve as acting city manager to exercise the powers and perform the duties of the city manager during any temporary absence or disability of the city manager, which absence or disability shall be acknowledged by a motion adopted by a majority vote of all council-members present. (e) The city manager shall: (1) Be the chief administrative officer of the city;

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(2) Be responsible to the mayor and council for the proper administration of all affairs of the city; (3) Appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by state law, this charter, or personnel ordinances of the city; (4) Prepare and submit an operating and capital improvements budget annually to the mayor and council; (5) Prepare and submit to the mayor and council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (6) Make any other reports on the operation of any aspect of city operation as the mayor and council may request by motion; and (7) Perform any other duties and exercise any other powers as directed by ordinance consistent with the charter and state law. (f) Except for the appointment of the chief of police and fire chief as set forth in this charter, the city manager shall appoint and remove all department heads with the consent of the council adopted by motion. (g) The city manager shall enter into contracts only with the consent of the council adopted by motion or as authorized by ordinance. (h) Except for the purpose of inquiries and investigations, the council and its members shall deal with classified employees solely through the city manager. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend the City Charter of Kingsland, Georgia to change the mandatory requirement of having a city manager employed by the City of Kingsland and further changes to clarify the duties and responsibilities of a city manager; to provide for general powers; 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. Dated this 26th day of February 1991. Harry D. Dixon Representative, 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: February 27, 1991. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 1st day of March, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CAMDEN COUNTY PUBLIC SERVICE AUTHORITYPOWERS. No. 157 (House Bill No. 973). AN ACT To amend an Act creating the Camden County Public Service Authority, approved March 20, 1990 (Ga. L. 1990, p. 4273), so as to delete a provision relating to the power of the authority to undertake certain projects, services, or facilities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Camden County Public Service Authority, approved March 20, 1990 (Ga. L. 1990, p. 4273), is amended by striking in its entirety subsection (d) of Section 2 and inserting in lieu thereof a new subsection (d) to read as follows: (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 welfare 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia an amendment to House Bill No. 2031, Act No. 887, an act to create the Camden County Public Service Authority; to provide for membership of the Public Service Authority; and for other purposes. This 24th day of January, 1991. CAMDEN COUNTY PUBLIC SERVICE AUTHORITY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following date: January 30, 1991. /s/ Harry Dixon Representative, 151st District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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FORSYTH COUNTYBOARD OF EDUCATION; MEMBERS; COMPENSATION; PER DIEM. No. 158 (House Bill No. 974). AN ACT To amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411), so as to raise the maximum number of days of per diem that the members may receive each month; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the compensation of the chairman and members of the board of education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411), is amended by striking subsection (a) of Section 2 of said Act and inserting in lieu thereof the following: (a) In addition to amounts received as compensation, the chairman and each member of the board of education of Forsyth County shall receive a per diem expense allowance of $59.00, up to maximum of four days each month. Section 2 . This Act shall become effective on January 1, 1992. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing compensation for the chairman and members of the Board of Education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411); and for other purposes.

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This 22nd day of February, 1991. Bill H. Barnett Honorable Bill Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill 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 Forum which is the official organ of Forsyth County, on the following date: February 27, 1991. /s/ Bill Barnett Representative, 10th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DEKALB COUNTY COMMUNITY RELATIONS COMMISSIONMEMBERS; TERM LIMITATION; APPLICABILITY. No. 159 (House Bill No. 998). AN ACT To amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb

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County Community Relations Commission, approved March 21, 1970 (Ga. L. 1970, p. 3097), as amended, so as to provide that members may serve no more than three consecutive terms; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, approved March 21, 1970 (Ga. L. 1970, p. 3097), as amended, is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The governing authority of DeKalb County shall create and appoint the DeKalb County Community Relations Commission, to be composed of 21 citizens of DeKalb County selected by the Chief Executive Officer of DeKalb County with the advice and consent of the members of the DeKalb County Board of Commissioners, and emphasis shall be on obtaining a diverse group insofar as political party, race, religion, economic status, type of employment, age, national origin, and sex is concerned. Seven of the members shall be appointed to terms of three years each and until their successors are appointed and qualified; seven of the members shall be appointed for terms of two years each, and until their successors are appointed and qualified; and seven of the members shall be appointed to terms of one year each and until their successors are appointed and qualified. After initial appointments have been served, appointive terms shall be three years each in duration. The DeKalb County Community Relations Commission shall have a Chairperson who shall be appointed by the Chief Executive Officer of DeKalb County for a term of three years and until his or her successor is appointed and qualified and a vice-chairperson, secretary, and such other officers as deemed advisable by the DeKalb County Community Relations Commission, each of whom shall be elected by the members of the DeKalb County Community Relations Commission, for terms of three years each. Members may succeed themselves for three consecutive terms only, after which they shall be eligible for

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membership after the expiration of three years from the end of the most recent term served. This section shall apply to members serving on July 1, 1991; provided, however, that any such member who has served more than three terms shall be authorized to serve out his then current term. Section 2 . This Act shall become effective on July 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 1991 session of the General Assembly of Georgia a bill to amend an Act to authorize and direct the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, approved March 21, 1970 (Ga. L. 1970, p. 3097), as amended; and for other purposes. This 25th day of Feb., 1991. 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 28, 1991. /s/ Frank Redding, Jr. Representative, 50th District

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Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF GRAYSON WATER AUTHORITYCREATION. No. 160 (House Bill No. 975). AN ACT To create the City of Grayson Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal systems and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others in relation to water and sewer utilities and facilities, to contract with others in relation to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the

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cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment of such bonds and to define the rights of the holders of such obligations; to provide that no debt of the City of Grayson 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 City of Grayson Water Authority Act. Section 2 . City of Grayson Water Authority. (a) There is created a body corporate and politic, to be known as the City of Grayson Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of five members, all of whom shall be residents of the City of Grayson, any or all of whom may hold any state or local elective or appointive public office, and none of whom is required to be a user of the facilities of the authority. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of City of Grayson for at least one year prior to the date of his appointment and shall not have been convicted of a felony. The five members of the authority shall be selected by the mayor and city council of the City of Grayson as provided in this section. The initial members of the authority shall be appointed as follows: two members shall be appointed for a term of four years and until a successor is appointed and qualified; one member shall be appointed for a term of three years and until a successor is appointed and qualified; one

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member shall be appointed for a term of two years and until a successor is appointed and qualified; and one member shall be appointed for a term of one year and until a successor is appointed and qualified. Successors to the members appointed as provided in this subsection shall be appointed by the mayor and city council of the City of Grayson for terms of four years and until their successors are appointed and qualified. Any member of the authority may be appointed to succeed himself. The authority shall select one of its members as chairman, one as vice chairman, and one as secretary-treasurer, each of whom shall serve in such respective position for the succeeding year and until his or her successor is selected. Three members shall constitute a quorum. (c) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the mayor and city council of the City of Grayson shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the municipality; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any five consecutive regular or special meetings of the authority without an excuse approved by a resolution of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall serve without compensation, but all members shall be reimbursed from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. The authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary. (d) Except as otherwise allowed by law, all meetings of the authority, whether regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of the City of Grayson or residents of any area affected by the actions of the authority. Section 3 . Definitions. (a) As used in this Act, the term:

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(1) Authority means the City of Grayson Water Authority created by this Act. (2) Cost of the project means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means and includes the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and its counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the City of Grayson, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking. The term project shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, inside and outside the territorial boundaries of the City of Grayson, and the

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operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bond and bonds means revenue bonds as provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which is specifically provided for in this Act. (5) Users of the facilities or users means and includes each person, firm, partnership, company, corporation, association, organization, municipality, county, school board, political subdivision, authority, or other entity to which water is supplied or sewerage services are provided by the authority through the facilities of the authority and which actually makes payment to the authority for such water or sewerage services as are furnished by the authority. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4 . Powers. The authority is authorized: (1) To have a seal and alter the same at its pleasure;

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(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property, rights or easements therein, or franchises necessary for its corporate purposes; to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. In addition, any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions

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

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(11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created in this Act, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in Section 3 of this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6 . Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupon attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons

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and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 9 . Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11 . Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. Section 12 . Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the 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.

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Section 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Grayson nor a pledge of the faith and credit of said municipality; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing of the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be 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

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of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15 . To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16 . Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided in this section. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust

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indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18 . Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19 . Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the 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,

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authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said City of Grayson Water Authority. Section 20 . Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such action. Section 21 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. Section 22 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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Section 23 . Purpose of the authority. (a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the citizens in the City of Grayson and environs, including Gwinnett County and adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in areas where water distribution systems do not now exist or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. (b) The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. (c) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines directly to customers for the collection of waste and sewage inside any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24 . Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project,

Page 4209

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. Section 26 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Grayson; 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 City of Grayson when in the performance of their public duties or work of the municipality. Section 27 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. Section 29 . Effect on other governments. This Act shall not and does not in any way take from the City of Grayson or Gwinnett 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

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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 of this Act. Section 31 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 32 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the City of Grayson Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal systems and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to authorize the authority to contract with others in relation to water and sewer utilities and facilities, to contract with others in relation to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds, of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution

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of resolutions and trust indentures to secure the payment of such bonds and to define the rights of the holders of such obligations; to provide that no debt of City of Grayson 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. This 21st day of February, 1991. -s- John O. Mobley, Jr. Representative, 64th District PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a Notary Public, within and for said county and state, David Randolph Still, Associate Publisher of the Gwinnett Home Weekly, a newspaper published at Lawrenceville, Gwinnett County, State of Georgia, who being duly sworn, states on oath that the report of F-5020511 Notice of Intention to Introduce Local Legislation RE: To create the City of Grayson Water Authority per attached legal a copy of which is attached hereto, was published in said newspaper on the following date(s): February 28, 1991 BRUCE R. STILL, PUBLISHER /s/ By David R. Still Associate Publisher, Agent

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Sworn to and subscribed before me this 28th day of Feb., 1991 /s/ Glynn M. Martin Notary Public My Commission expires November 8, 1993 (SEAL) Approved April 4, 1991. PICKENS COUNTYBOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 161 (House Bill No. 976). AN ACT To create a board of commissioners of Pickens County; to provide for two members and a chairman; to provide for elections and terms of office; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for a vice chairman; to provide for powers, duties, and vacancies; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to create the office of county manager; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for the specific repeal of certain local Acts; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created in and for the County of Pickens a chairman and board of commissioners to be elected and organized as provided for in this Act. The chairman and board of commissioners shall constitute the governing authority of Pickens County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term board or the term commission, whenever used in this Act, shall mean the board of commissioners of Pickens County, including the chairman and all members. Section 2 . (a) The board of commissioners of Pickens County shall consist of three members. One of the members shall be the chairman and shall be elected by a majority vote of the qualified electors of the county voting in an election therefor. Each candidate for the other two positions must be a resident of the commissioner district created by this section which such person offers to represent and shall be elected by a majority vote of the qualified electors of the entire county voting in an election therefor. For the purpose of electing members of the board of commissioners, Pickens County is divided into an Eastern District which shall be Commissioner District 1 and a Western District which shall be Commissioner District 2. (b) The Eastern District shall encompass the following territory: Eastern District - Commissioner District 1 Pickens Tract 9902 Blocks 601 through 603, 606, and 610 through 677 Block Group 9 Tract 9904 Blocks 101 That part of Block 102 lying west of the Georgia Power Transmission line Block 106

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That part of Block 201 lying west of an unnamed creek that runs from Hill City Road to Petit Road That part of Block 203 lying west of an unnamed branch that runs from Sharp Mountain Creek to Pettit Road Blocks 204 and 205 Block Group 7 Tract 9905 Blocks 101 through 104 That part of Block 105 lying west of an unnamed branch flowing south from Fisher Creek to Georgia Highway 136 Blocks 106, 107, 112, and 113 Block Group 2 That part of Block 303 within the City of Talking Rock That part of Block 303 outside the City of Talking Rock lying west of Hobson Creek Blocks 304 through 314 Tract 9906 (c) The Western District shall encompass the following territory: Western District - Commissioner District 2 Pickens Tract 9901 Tract 9902 Blocks 604, 605, and 607 through 609 Tract 9903 Tract 9904 That part of Block 102 lying east of the Georgia Power Transmission line Blocks 103 through 105 That part of Block 201 lying east of an unnamed creek that runs from Hill City Road to Petit Road

Page 4215

Block 202 That part of Block 203 lying east of an unnamed branch that runs from Sharp Mountain Creek to Petit Road Tract 9905 Blocks 108 through 111 and 114 through 116 Blocks 301 and 302 That part of Block 303 outside the City of Talking Rock lying east of Hobson Creek (d) The terms Tract, Block, and Block Group shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (e) 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. (f) Any part of Pickens County which is not included in any commissioner district described in subsection (b) or (c) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Pickens County. (g) The chairman shall be a citizen of this state who has attained the age of 30 years and who has been a resident of Pickens County for not less than two years next preceding his election and shall hold no other elective public office. (h) Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 21 years and who have been residents of their respective commissioner districts for not less than one year preceding their election and shall hold no other elective public office.

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(i) Any commissioners who cease to be residents of their respective commission districts during their terms of office shall thereby vacate their seats on the board. Section 3 . (a) All members of the board 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) That person elected at the November general election in 1988 to serve as the Pickens County commissioner, 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 the office of Pickens County commissioner shall be abolished. (c) 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 and until their successors are elected and qualified. Successors to such members of the board 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 and until their successors are elected and qualified. (d) The first chairman of the commission created by this Act shall be elected at the November general election held in 1992 to 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. His successor and each subsequent chairman shall be elected at the election preceding the expiration of a term of office for a term of four years each and until his respective successor is elected and qualified and shall take office on January 1 immediately following his election. Section 4 . 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

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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 5 . In the event of a vacancy in the office of chairman or a commissioner whose unexpired term exceeds 180 days, it shall be the duty of the election superintendent of Pickens County to call a special election for the filling of such vacancy, which election shall be governed by Chapter 2 of Title 21 of the O.C.G.A. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the commission to fill the vacancy by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office and shall possess the residency and other qualifications required for such office. Section 6 . Before entering upon the discharge of their duties, the chairman and commissioners shall subscribe an oath before the probate judge of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to the probate judge of the county and payable to the probate judge or his successor in office and filed in the office of the probate judge, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. Section 7 . (a) Commissioners, other than the chairman, shall be paid an annual salary of $2,400.00. Such compensation shall be paid on a monthly basis out of the county treasury upon warrants drawn upon the county treasury. (b) The chairman of the board of commissioners shall receive an annual salary in the amount of $3,600.00, to be paid out of the county treasury upon warrants drawn upon the county treasury. (c) The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include, without limitation, the following:

Page 4218

(1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Pickens County. (d) Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (e) The board of commissioners may choose to attend any seminar or training session that it feels will improve the manner in which it discharges and conducts its lawful duties. The expenses incurred from attending such seminar or training session shall be reimbursed by the county out of the county funds subject to the above requirements of submission of receipts and commission approval. Section 8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairman. In the event of death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at meetings of the board of commissioners in the absence of the chairman and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairman, the board of commissioners shall elect a new vice chairman to serve for the remainder of the calendar year. Section 9 . The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year and one of such meetings shall be during evening hours. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county

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organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairman or any commissioner, provided all members of the commission shall have been notified at least three days in advance of such special meeting which is open to the public. Any two commissioners or the chairman and any one commissioner shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least two members of the commission and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairman shall be entitled to the same voting rights as other members of the board of commissioners on questions considered by the commission. All regular and called meetings shall be conducted according to Robert's Rules of Order . Section 10 . The chairman shall be the chief elective officer of the county government and shall preside over the meetings of the board of commissioners. The duties of the chairman shall include, but shall not be limited to, the following: (1) Maintaining an office in the administrative center; (2) Presiding at all public meetings; (3) Representing the county government at ceremonial functions; (4) Being available to the constituency on a regular basis; (5) Coordinating intergovernment activity among municipalities, other counties, the state, and the United States and any agencies thereof; (6) Being empowered to submit motions to the board of commissioners for action; (7) Sharing equal responsibility with other commissioners for budget approval and amendments and the approval of the board of commissioners staff additions or separations;

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(8) Taking the lead role in initiating needs assessments, evaluations of county services, and policy development; and (9) Appointing subcommittee chairmen with the approval of the commission. Section 11 . The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met;

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(8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of roads and revenues of Pickens County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Pickens County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. Section 12 . (a) There is created the office of county manager of Pickens County. The qualifications, method of selection, appointment, term of office, compensation, procedure for removal

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or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Pickens County. (b) In its discretion, the board of commissioners of Pickens County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect of the duties of the office. In its discretion, the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in public administration, business administration, accounting, finance, or related fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager; or the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least two years' experience as a county or city manager or as an assistant county or city manager. (c) The county manager shall be the chief executive officer of Pickens County and he shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to: (1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board or chairman of the board has heretofore exercised or that may hereafter be created, except as otherwise provided in this Act; (3) Keep the board of commissioners fully advised as to the financial conditions and needs of the county; (4) Supervise and direct the official conduct of all appointive county officers and department heads, except as may be otherwise provided in this Act; (5) Attend all meetings of the board with the right to take part in the discussions, provided that the county manager

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shall have no vote on any matter or issue before the board; (6) Supervise the performance of all contracts made by any person for work done for Pickens County and to supervise and regulate all purchases of materials and supplies for Pickens County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00; (7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged; and (8) Perform such other duties as may be required of him by the board of commissioners. Section 13 . Formal sealed bids shall be received for all purchases in amounts over $5,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Pickens County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Section 14 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. Section 15 . The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the commission shall contain all the acts, orders, and proceedings of the commission in chronological order. A similar book of minutes shall be kept which shall contain, in chronological order, all acts, orders, and proceedings of the county manager. The minutes books of the county manager and commission shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes books shall be furnished by the clerk to any person

Page 4224

requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Section 16 . The chairman shall submit annually to the commission a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Pickens County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Pickens County within ten days from the time such budget or amendment thereof is adopted by the commission. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. Section 17 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The county manager shall enforce compliance with this provision by all departments of

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county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. Section 18 . The commission shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the commission. Each annual report submitted to the commission shall be made available to public inspection as are other records in such office. The commission shall cause to be published in the official organ of Pickens County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Pickens County a copy of each annual report furnished by him to the commission. Section 19 . Specific repealer. An Act creating the office of Commissioner of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, is repealed in its entirety. Section 20 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pickens County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1992, presidential preference 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 Pickens County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a three-member board of commissioners of Pickens County?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then 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 Sections 1 through 19 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 Pickens County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 21 . Except as otherwise provided in Section 20 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 22 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create a board of commissioners of Pickens County; to provide for two members and a chairman; to provide for elections and terms of office; to provide for qualifications, terms and elections procedures; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for a vice-chairman; to provide for powers, duties, and vacancies; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to create the office of county manager; to provide for the preparation, submission,

Page 4227

review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for the specific repeal of certain local Acts; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 25th day of February, 1991. HONORABLE STEVE STANCIL Representative, 8th District 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 Pickens County Progress which is the official organ of Pickens County, on the following date: February 28, 1991. /s/ Steve Stancil Representative, 8th District Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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COBB YEAR 2000 COMMISSIONCREATION. No. 162 (House Bill No. 977). AN ACT To create the Cobb Year 2000 Commission; to provide for a purpose; to provide for issues to be studied by such commission; to provide for appointments; to provide for terms of appointment; to provide for meetings and notice of meetings; to provide for an annual report; to provide for abolishment; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the Cobb Year 2000 Commission. The purpose of the commission is to provide a structure and forum for Cobb citizens to discuss issues, concerns, and opportunities relating to the future as the year 2000 approaches. Section 2 . The duty of the commission is to study and make recommendations relating to the following issues: (1) Issues relating to ecology, including air quality, water quality, recycling, and new technologies; (2) Traffic and safety issues; (3) The local business environment; (4) Local economic issues; (5) Quality of life for Cobb County residents; and (6) Opportunities which may arise. Section 3 . Thirteen citizens of Cobb County shall be appointed as members of the commission. The members of the House of Representatives representing House District 20 shall appoint one commission member; the members of the House of Representatives representing House District 21 shall appoint one commission member; and the members of the Senate representing

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Senate Districts 32, 33, 37, and 56 shall appoint two commission members. The chairman of the Cobb County Board of Commissioners shall appoint one commission member; the members of the Cobb County Board of Commissioners from Commissioner Posts No. 1 and 2 shall appoint one commission member; and the members of the Cobb County Board of Commissioner from Commissioner Posts No. 3 and 4 shall appoint one commission member. The following entities shall each appoint one commission member: the Cobb Municipal Association; the Cobb County Board of Education; and the Marietta Board of Education. The judges of the Superior Court of Cobb County shall appoint one commission member. The district attorney for Cobb County shall appoint one commission member. The director of the Cobb County Department of Family and Children Services shall appoint one commission member. Section 4 . The first 13 members appointed to the commission shall be appointed within 30 days of the effective date of this Act and shall serve until December 1, 1993. Subsequently, commission members shall be appointed for two-year terms beginning on December 1 of odd-numbered years. Commission members may be appointed to serve one additional two-year term. In the event of a vacancy on the commission due to death or resignation, the entity or official who appointed the member who has died or resigned shall appoint an individual to serve the remainder of the term within 30 days. An individual appointed to serve the remainder of a term shall be eligible to serve only one additional two-year term. Section 5 . Commission members shall not be compensated. Section 6 . The commission shall meet at least four times annually. The commission shall give a minimum of 24 hours' notice of all commission meetings or presentations to representatives of the news media. Section 7 . At the first meeting of each term of the commission, the members of the commission shall elect a chairman, vice chairman, and secretary. The chairman shall schedule subsequent meetings of the commission and shall preside at meetings. The vice chairman shall preside in the absence of the chairman. The chairman and secretary shall be responsible for the production

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of the annual report of the commission. The commission shall elect such other officers and appoint such committees as the commission deems necessary. The commission shall adopt rules for its operation and governance. Section 8 . The commission shall provide an annual report to the appointing entities and officials. The report shall be completed by November 1 of each year and shall be available to representatives of the news media and to members of the public upon request. The report shall succintly state the commission's findings and recommendations, including all viewpoints represented by members of the commission. The annual report shall not exceed three pages in length. Section 9 . The Cobb County Board of Commissioners shall provide a room for commission meetings and clerical assistance as needed. Section 10 . The commission shall be abolished on December 31, 1999. 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 1991 Session of the General Assembly of Georgia, a bill to create the Cobb Year 2000 Commission, and for other purposes. This 26th day of February, 1991.

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/s/ Jack Vaughan Chuck Clay Sallie Newbill Hugh Ragan Steve Thompson SENATORS Jack Vaughan Debra Mills Herman Clark Eugene Clark John Hammond Fred Aiken Lynda Coker Bill Atkins Kip Klein Tom Wilder REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Vaughan, 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: March 1, 1991. /s/ Jack Vaughan Representative, 20th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF BARNESVILLEELECTION DATE. No. 163 (House Bill No. 978). AN ACT To amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, so as to change the date of the municipal general election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), is amended by striking subsection (a) of Section 5.11 and inserting in its place a new subsection (a) to read as follows: (a) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1991 and on such day biennially thereafter. 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 1991 session of the General Assembly of Georgia a bill to amend an act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended; and for other purposes.

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This 25th day of February, 1991. 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: February 27, 1991. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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WALTON COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; APPOINTMENT AND ELECTION; JUDGE OF THE PROBATE COURT; TERMINATION OF SERVICE AS CHIEF MAGISTRATE. No. 164 (House Bill No. 979). AN ACT To amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, approved March 12, 1984 (Ga. L. 1984, p. 3901), so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Alcovy Judicial Circuit; to provide for election of successors by the voters of Walton County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, approved March 12, 1984 (Ga. L. 1984, p. 3901), 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) Effective July 1, 1991, the Judge of the Probate Court of Walton County shall no longer serve as the chief magistrate of the Magistrate Court of Walton County. The judges of the superior courts of the Alcovy Judicial Circuit shall by majority vote, appoint a qualified person to serve as chief magistrate for a term beginning July 1, 1991, and ending on December 31, 1992. The successor to such chief magistrate and future successors shall be elected by the voters of Walton County for four-year terms as provided in subsection (d) of Code Section 15-10-20 of the O.C.G.A.

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(b) The compensation of the chief magistrate of Walton County shall be as provided by general law as supplemented by the governing authority of Walton County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of said county, approved March 12, 1984 (Ga. L. 1984, p. 3901), so as to make other provisions for the chief magistrate and the magistrate court of said county; and for other purposes. This 25th day of February, 1991. Tyrone Carrell Representative 65th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: March 1, 1991. /s/ Tyrone Carrell Representative, 65th District

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Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CONYERS-ROCKDALE AMATEUR ATHLETICS AUTHORITYCREATION. No. 165 (House Bill No. 980). AN ACT To create the Conyers-Rockdale Amateur Athletics Authority; to authorize such authority to acquire, construct, equip, maintain, and operate an athletic stadium or stadiums and the usual facilities related thereto and recreational centers and areas, including, but not limited to, playgrounds, parks, equestrian facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, gymnatoriums, and related buildings, and the usual and convenient facilities appertaining to such undertakings; to make extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection with such facilities; to acquire the necessary property for such facilities, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers, including, among others, the power of eminent domain, and impose duties on the authority; to provide for the membership of the authority; to provide that members of the authority shall be reimbursed for actual expenses incurred in the performance of their duties; to authorize the authority and the various cities, towns, municipalities, counties, and authorities 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

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authority payable from the revenues, rents, and earnings or other funds of the authority to pay the cost of such projects; to authorize the collection 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 instruments, mortgages, and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the state or of the City of Conyers or Rockdale County; to make such bonds legal investments and exempt the same and the income therefrom and 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 or jurisdiction of the actions relating to any provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is created a body corporate and politic to be known as the Conyers-Rockdale Amateur Athletics 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, and implead and be impleaded in all courts of law and equity. (b) Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating one or more projects as defined in paragraph (2) of Section 4. The authority is also authorized to provide for the extension and improvements of such facilities and the acquisition of the necessary property therefor, both real and personal, with the right to contract for the use of, or to lease or sell, any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development of such types of undertakings. Section 2 . (a) The authority shall consist of six members. Three members shall be residents of the City of Conyers appointed by the mayor of the City of Conyers and confirmed by

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the city council; and three members shall be residents of Rockdale County appointed by the chairman of the board of commissioners and confirmed by the board of commissioners. Initially each appointing authority shall designate one of its appointees to serve for a term of one year, one of its appointees to serve for a term of two years, and one of its appointees to serve for a term of three years. Thereafter all members shall serve for terms of office of three years and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the expiration of the term of office. The members of the authority shall annually elect one of their number to serve as the chairman of the authority and another of their number to serve as a vice chairman. The members of the authority shall also elect a secretary-treasurer to serve at their pleasure, who may or may not be a member of the authority. (b) Each member of the authority shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the authority was created. All such reimbursements shall be approved by the authority. (c) Prior to taking office the members of the authority shall subscribe to the following oath: I do solemnly swear that I will fully and fairly perform the duties as a member of the Conyers-Rockdale Amateur Athletics Authority, so help me God. (d) The authority shall have perpetual existence as provided in this Act. (e) No vacancy on the authority shall impair the right of the authority to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (f) The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts, and such other agents and employees, temporary or permanent, as it may require. The members of the authority shall be accountable in all respects

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as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all its income, receipts, and expenditures of every kind. Section 3 . It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state, that the authority is an institution of purely public chairty, and that all property of said authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public. The use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of the pleasure and the recreation of the public at large, in an effort to better the general condition of society, which promotion is declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society; and all the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and are declared to be nontaxable for any and all purposes. Section 4 . As used in this Act, the term: (1) Authority means the Conyers-Rockdale Amateur Athletics Authority created by this Act. (2) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of one or more facilities for amateur athletics, including an athletic stadium or stadiums and the usual facilities related thereto and recreation centers and areas, including, but not limited to, playgrounds, parks, equestrian facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club-houses, gymnasiums, auditoriums, gymnatoriums, and related buildings, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property for such facilities, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property,

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so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (3) The term cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all conveyances, in fee simple, of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural, fiscal and legal expenses and costs of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, 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) Revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds authorized to be issued pursuant to this Act or general law, and such type of obligations may be issued by the authority as authorized in this Act without any other actions or proceedings; and such term shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (5) Self-liquidating, when referring to a project, means, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom; and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds, which may be issued to finance, in whole or in part, the cost of such project or projects. Section 5 . The authority shall have powers:

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(1) To adopt and alter a corporate seal; (2) To acquire by gift or by purchase, on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public; (3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants 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 thereof shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets; (4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds and to provide for the payment of the same and for the rights of the holders thereof and for foreclosure or forced sale of any property of the authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued; (5) To make contracts and leases and to execute all instruments necessary or convenient thereto, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title, in fee simple, of real and personal property

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of every kind and character; and any and all persons, firms, and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof or with the United States government or any agency or department thereof; and the authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued under this Act and subject to the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 18 of this Act. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To issue revenue bonds in such amounts and denominations during the life of the authority as to finance in whole or in part the cost of such acquisition, construction, reconstruction, improvements, additions to, or extensions of projects as the authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable

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instruments under the negotiable instruments law of Georgia; (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 any project and to include in the cost of the issuance of such bonds 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 to this Act 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; (10) To invest any accumulation of its funds and any sinking funds or reserves in any manner in which public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled; (11) To hire employees and employ volunteer workers who shall serve at the pleasure of the authority; and (12) To maintain concession stands and to purchase and sell products at games or otherwise to raise funds for purposes authorized by this Act. Section 6 . 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 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 and shall bear interest from such date at such rate or rates per annum payable at such time or times as shall be determined by the authority. Principal shall mature at such times or times not exceeding 40 years from

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their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds. Section 7 . The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 8 . The bonds shall be signed by the chairman of the authority manually or by use of the facsimile signature of the chairman, and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority. Any coupons attached to the bonds shall bear the facsimile signatures of the chairman and secretary-treasurer of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons 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 the officer had remained in office until such delivery. Section 9 . All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the interest thereon shall be exempt from all taxation within the state.

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Section 10 . The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 11 . Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, which interim receipts and certificates or temporary bonds shall be exchanged, redeemed, paid, or otherwise discharged upon the issuance of the definitive bonds. Section 12 . The authority may also provide for the replacement of any bonds which become mutilated or are destroyed or lost. Section 13 . Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 14 . Revenue bonds issued under this Act shall not be deemed to constitute a debt of the State of Georgia or the City of Conyers or Rockdale County or a pledge of the faith and credit of said state, city, or county, but such bonds shall be payable solely from the funds provided for by this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15 . In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any

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trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for 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 authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and shall be 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 pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16 . The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

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Section 17 . 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 indenture may provide, and such funds so pledged, from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, (4) any premium upon bonds acquired by redemption, payment, or otherwise, and (5) any investment fees or charges. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. Section 18 . Any holder of revenue bonds issued under this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted in this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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Section 19 . 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 this Act and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20 . Any action to protect or enforce any rights under the provisions of this Act or any action against the authority shall be brought in the Superior Court of Rockdale 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, original jurisdiction of such actions. Section 21 . 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 any municipality, county, other authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, other authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, other authority, subdivision, or instrumentality contracting with the authority. Section 22 . While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or other authority will be created which will compete with the authority to such an extent as to affect

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adversely the rights and interests of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under this Act, shall constitute a contract with the holders of such bonds. Section 23 . All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, interim receipts and certificates, or temporary bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in accordance with the proceedings authorizing the issuance of such bonds. Section 24 . It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state convenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. Section 25 . The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its land or facilities or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as provided in this

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Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereafter made or the sale of any of its land and facilities. Section 26 . It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under this Act. Section 27 . The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Conyers and Rockdale County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Conyers and Rockdale County when in the performance of their public duties or work. Section 28 . This Act does not in any way take from the City of Conyers or Rockdale County the authority to own, develop, and maintain public parks and recreational facilities 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 29 . This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Section 30 . 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 existing powers. Section 31 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the Conyers-Rockdale Amateur Athletic Authority; to provide for the purposes of the authority with respect to the planning, study, design, acquisition, construction, improvement, and operation of athletic facilities. In the City of Conyers or Rockdale County or both to provide for the membership, powers, duties, and operations of the authority; to provide for Intergovernmental relations and contracts; to provide for financial operations, including without limitation the issuance of financial obligations; to provide for the governmental and corporate status of the authority and related matters; to provide for other related matters; and for other purposes. This 21 day of February, 1991. Representative Dean Alford GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 26, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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MUSCOGEE COUNTYLOCAL CONSTITUTIONAL AMENDMENTS FOR HOMESTEAD EXEMPTIONS; CONTINUATION REPEALED. No. 166 (House Bill No. 981). AN ACT To repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to repeal that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide the authority for this Act; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That Act approved March 18, 1986 (Ga. L. 1986, p. 3798), which continued in effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County is repealed in its entirety.

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Section 2 . That constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety. Section 3 . This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987. Section 4 . This Act shall become effective on December 31, 1991, and shall be applicable to all taxable years beginning on or after January 1, 1992. 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 1991 session of the General Assembly of Georgia a bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to repeal that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide the authority for this Act; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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This 28 day of February, 1991. E. H. POLLEYS, JR. City Attorney 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: March 1, 1991. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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MUSCOGEE COUNTYCITY-COUNTY GOVERNMENT AND SCHOOL TAXES; HOMESTEAD VALUATION; LOCAL CONSTITUTIONAL AMENDMENTS REPEALED; REFERENDUM. No. 167 (House Bill No. 982). AN ACT To repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to repeal that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That Act approved March 18, 1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes is repealed in its entirety. Section 2 . That constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No.

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271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety. Section 3 . This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987. Section 4 . 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 Muscogee County shall call and conduct an election for the purpose of submitting this Act to the electors of Muscogee County and the Muscogee County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the local constitutional amendment be repealed which provides for the assessment of certain homestead property of Muscogee County for ad valorem tax purposes so that after such repeal, homestead property in Muscogee County will be assessed for ad valorem tax purposes in the manner provided by the general laws of this state? 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 Sections 1 through 3 of this Act, then Sections 1 through 3 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1 immediately following such election;

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otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted on or before the date of the November 1992, general election, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5 . Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3800) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to repeal that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes; to provide the authority for this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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This 28 day of February, 1991. /s/ E. H. POLLEYS, JR. City Attorney 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: March 1, 1991. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4259

MUSCOGEE COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; DISABLED VETERANS; TERMS AND CONDITIONS; PROCEDURES; APPLICABILITY; REFERENDUM. No. 168 (House Bill No. 983). AN ACT To provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) As used in this Act, the term disabled veteran means: (1) A wartime veteran who was discharged under honrable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability; (2) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair;

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(3) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976; (4) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or (5) A veteran becoming eligible for assistance in acquiring housing under Section 801 of the United States Code as hereafter amended on or after January 1, 1985. (b) Any disabled veteran as defined in any paragraph of subsection (a) of this section who is a citizen and resident of Georgia is granted an exemption of $67,200.00 on his homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all Muscogee County ad valorem taxes for county purposes and all Muscogee County School District ad valorem taxes for educational purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this section shall also be entitled to an exemption of $67,200.00 on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all Muscogee County ad valorem taxes for county purposes and all Muscogee County School District ad valorem taxes for educational purposes. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation. (c) (1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this section for the homestead exemption provided for in this section shall file with the tax commissioner of Muscogee County or the tax receiver a letter from the Department of Veterans Affairs stating the qualifying disability.

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(2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this section for the homestead exemption provided for in this section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, the Muscogee County board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this section for the homestead exemption provided for in this section shall file with the tax commissioner of Muscogee County or the tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, the Muscogee County board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this section for the homestead exemption provided for in this section shall file with the tax commissioner of Muscogee County or the tax receiver a letter from the Department of Veterans Affairs stating the eligibility for such housing assistance. (d) Each disabled veteran shall file for the exemption only once in Muscogee County. Once filed, the exemption shall automatically be renewed from year to year, except as provided in subsection (e) of this section. Such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his

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death so long as they continue to occupy the home as a residence and homestead. In the event a disabled veteran who would otherwise be entitled to the exemption dies or becomes incapacitated to the extent that he or she cannot personally file for such exemption, the spouse, the unremarried surviving spouse, or the minor children at the time of the disabled veteran's death may file for the exemption and such exemption may be granted as if the disabled veteran had made personal application therefor. (e) Not more often than once every three years, the Muscogee County board of tax assessors may require the holder of an exemption granted pursuant to this section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. Section 2 . The exemption granted by this Act shall be in lieu of any other disabled veterans homestead exemption. Section 3 . Any person who, as of January 1, 1991, has applied for and is eligible for the exemption for disabled veterans, their surviving spouses, and minor children provided for under the Constitution and general laws of this state shall automatically be eligible for the exemption granted under this Act without applying for such exemption. Section 4 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1991. Section 5 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Muscogee County shall call and conduct an election for the purpose of submitting this Act to the electors of Muscogee County and the Muscogee County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Muscogee County ad valorem taxes for county purposes and Muscogee

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County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans? 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 Sections 1 through 4 of this Act, then Sections 1 through 4 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1991; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1991, this Act shall stand repealed in its entirety on December 31, 1991. The expense of such election shall be borne by Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 6 . Except as otherwise provided in Section 5 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to repeal conflicting laws; and for other purposes.

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This 28 day of February, 1991. /s/ E. H. POLLEYS, JR. City Attorney 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: March 1, 1991. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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MUSCOGEE COUNTYHOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; PROCEDURES; TERMS AND CONDITIONS; APPLICABILITY; REFERENDUM. No. 169 (House Bill No. 986). AN ACT To provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; 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 county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Muscogee County, including but not limited to taxes to retire bonded indebtedness, but not including county school district ad valorem taxes for educational purposes. (2) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Muscogee County School District, including but not limited to taxes to retire school bond indebtedness. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (4) 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

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maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. Section 2 . Each resident of Muscogee County is granted an exemption on that person's homestead from all Muscogee County ad valorem taxes for county purposes in the amount of $13,500.00 of the assessed value of that homestead. Section 3 . Each resident of Muscogee County who is 65 years of age or older is granted an exemption on that person's homestead from all Muscogee County ad valorem taxes for county purposes in the amount of $21,500.00 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 4 . Each resident of the Muscogee County School District is granted an exemption on that person's homestead from all Muscogee County School District ad valorem taxes for educational purposes in the amount of $13,500.00 of the assessed value of that homestead. Section 5 . Each resident of the Muscogee County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Muscogee County School District ad valorem taxes for educational purposes in the amount of $21,500.00 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 6 . The tax commissioner of Muscogee 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 7 . 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

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notify the tax commissioner of Muscogee County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 8 . The exemptions granted by this Act shall not apply to or affect any state taxes. Section 9 . The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Muscogee County ad valorem taxes for county purposes or Muscogee County School District ad valorem taxes for educational purposes. Section 10 . (a) No person shall be eligible to receive simultaneously the exemptions provided for in Sections 2 and 3 of this Act. (b) No person shall be eligible to receive simultaneously the exemptions provided for in Sections 4 and 5 of this Act. Section 11 . Any person who, as of January 1, 1991, has applied for and is eligible for an exemption from Muscogee County ad valorem taxes for county purposes or an exemption from Muscogee County School District ad valorem taxes for educational purposes under any local constitutional amendment applicable to Muscogee County or the Muscogee County School District or under general law shall automatically be eligible for the corresponding exemption granted under this Act without applying for such exemption. Section 12 . The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1991. Section 13 . 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 Muscogee County shall call and conduct an election for the purpose of submitting this Act to the electors of Muscogee County and the Muscogee County School District for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee

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County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the following homestead exemptions: (1) Muscogee County ad valorem taxes for county purposes in the amount of $13,500.00 for qualified residents; (2) Muscogee County ad valorem taxes for county purposes in the amount of $21,500.00 for qualified residents who are 65 or older whose net income does not exceed $10,000.00; (3) Muscogee County School District ad valorem taxes for educational purposes in the amount of $13,500.00 for qualified residents; and (4) Muscogee County School District ad valorem taxes for educational purposes in the amount of $21,500.00 for qualified residents who are 65 or over whose net income does not exceed $10,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Sections 1 through 12 of this Act, then Sections 1 through 12 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1991; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1991, this Act shall stand repealed in its entirety on December 31, 1991. The expense of such election shall be borne by Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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Section 14 . Except as otherwise provided in Section 13 of this Act, 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a Bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 28 day of February, 1991. /s/ E. H. POLLEYS, JR. City Attorney 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: March 1, 1991. /s/ Thomas B. Buck, III Representative, 95th District

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Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF TOCCOACORPORATE LIMITS. No. 170 (House Bill No. 987). AN ACT To amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, is amended by adding a new section immediately following Section 3A, to be designated Section 3B, to read as follows: Section 3B. (a) In addition to the present territory included within the corporate limits of said city, the corporate limits shall specifically include the following described roads, streets, and rights of way, all of which are located in Stephens County, Georgia: (1) Hayes Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows:

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BEGINNING at the intersection of Georgia Highway 17 (Big A Road) and proceeding in a Southwesterly and a Southerly direction a total of 4,740 ft., more or less, to the end of McArthur Drive on the Easterly right of way of McArthur Drive, and containing all the property within the right of way of Hayes Street as described herein. (2) Hemphill Street - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Hayes Street and Hemphill Street, said point beginning on the Easterly right of way of Hayes Street, and thence continuing in an Easterly distance of 770 ft., more or less, thence in a Northerly direction for a distance of 600 ft., more or less, to the intersection of Hemphill Street and Myrtle Street, said intersection being on the Southerly right of way of Myrtle Street, and containing all of the property within the right of way of Hemphill Street as designated herein. (3) McArthur Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of McArthur Drive and Tugalo Street, and beginning on the Westerly right of way of Tugalo Street, thence proceeding in a Westerly direction 930 ft., more or less, to the intersection of McArthur Drive and the Easterly right of way of Hayes Street, containing all of the property within the right of way of McArthur Drive as described herein. (4) Moreland Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Moreland Drive and Tugalo Street, and beginning on the Westerly right of way of Tugalo Street, thence continuing in a Southwesterly direction approximately 1,085 ft., more or less, to the intersection of Moreland Drive and Myrtle Street, said intersection being on the Northerly right of way of Myrtle Street, and containing all of the property within the right of way of Moreland Drive as described herein.

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(5) Morningside Drive - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Morningside Drive and Tugalo Street, and beginning on the Westerly right of way of Tugalo Street, thence continuing approximately 1,400 ft, more or less, to the intersection of Hayes Street, said ending point being the Easterly right of way of Hayes Street, and containing all of the property within the right of way of Morningside Drive as described herein. (6) Ridge Road - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of Ridge Road and Hayes Street, said intersection beginning on the Easterly right of way of Hayes Street, and thence continuing a distance of 535 ft., more or less, to the end of Hayes Street, and containing all of the property within the right of way of Ridge Road as described herein. (b) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsection (a) of this section specifically include the current width of said public road, street, highway, drive, circle, or other rights of way and specifically includes the entire right of way. (c) All references to roads, streets, highways, drives, circles, and other references to public rights of way in subsections (a) and (b) of this section specifically include those roads, streets, highways, drives, circles, and other public rights of way as the same currently exist in the City of Toccoa and Stephens County, Georgia, and as the same are a part of the City of Toccoa public street system, the public street and road system of Stephens County, Georgia, the public street and road system of the State of Georgia and/or the United States, and any other street or road which has been designated in subsections (a) and (b) of this section and which has been dedicated to public purposes. A map, designated as `Official Map of the City of Toccoa With Extended Boundaries - 1991' is on file in the office of the Clerk of the Superior Court of Stephens County and the office of the Clerk of the City Commission of the City of Toccoa and is specifically incorporated by reference for a more complete

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and accurate description of the location of the extended corporate limits as set forth in subsection (a) of this section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 Session of the General Assembly of the State of Georgia a bill to extend and change the boundaries of the City of Toccoa, Georgia, by annexation of certain public streets, roads, and rights of way; to repeal conflicting provisions; and for other purposes. This 25th day of February, 1991. James A. Calvin City Manager 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: February 28, 1991. /s/ Jeanette Jamieson Representative, 11th District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CHATTOOGA COUNTYBOARD OF COMMISSIONERS; CREATION; MEMBERS; CHAIRMAN; CLERK; REFERENDUM. No. 171 (House Bill No. 988). AN ACT To create the Board of Commissioners of Chattooga County; to provide for election districts; to provide for qualifications, elections, terms of office, compensation, powers, duties, and responsibilities of the members and chairman of the board; to provide for meetings and a quorum; to provide for vacancies; to provide for a county manager; to provide for audits and budgets; to provide for a clerk; to provide for records and minutes; to repeal an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended; 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 . Governing authority. (a) There is created the Board of Commissioners of Chattooga County to be elected and organized as provided in this Act. There is created the office of chairman of the Board of Commissioners of Chattooga 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 Chattooga County shall constitute the governing authority of Chattooga County and the respective powers and duties of the board and the chairman shall be as provided in this Act. The board of commissioners shall be the successor to the office of commissioner of Chattooga County. Section 2 . The board of commissioners. (a) The board of commissioners shall consist of five members. For the purpose of electing the five district commissioners, Chattooga County shall be divided into five commission districts as follows:

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Commissioner District No. 1 Chattooga Tract 9901 That part of Block 114 west of Taylor Ridge Blocks 115 through 154 That part of Block 155 inside the City of Trion Blocks 156 through 159 and 165 through 171 Tract 9902 Blocks 101 through 160 Commissioner District No. 2 Chattooga Tract 9901 That part of Block 155 outside the City of Trion Blocks 162 through 164, 172 through 184, and 186 through 199 Blocks 201 through 226, 228 through 236, 265, and 267 through 271 That part of Block 272 inside the Trion CCD Blocks 317 and 318 Tract 9902 Blocks 161 through 169 Blocks 305 through 317 Tract 9903 Blocks 206, 264, 265, and 269 Commissioner District No. 3 Chattooga Tract 9901 Blocks 227, 237 through 261, 263, and 264 That part of Block 272 inside the Trion CCD Tract 9902

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Blocks 318 through 357 Tract 9903 Blocks 207 through 263 Tract 9904 Blocks 115 through 163 Commissioner District No. 4 Chattooga Tract 9902 Block Group 2 Blocks 301 through 304 Tract 9903 Block Group 1 Blocks 201 through 205, 266 through 268, and 270 through 273 Block Group 3 Tract 9904 Blocks 164 through 167 and 178 through 181 Commissioner District No. 5 Chattooga Tract 9901 Blocks 101 through 113 That part of Block 114 East of Taylor Ridge That part of Block 272 in the Little Sand Mountain CCD Blocks 273 through 299 Blocks 301 through 307 Tract 9904 Blocks 101 through 114, 168, 170 through 177, and 182 through 199 Block Groups 2 and 3 (b) For the purposes of this section: (1) The terms Tract, Census Tract, Census County Division or CCD, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the

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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 Chattooga County which is not included in any commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (c) Each commissioner shall be a citizen of this state, at least 21 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 commissioner shall be elected by a majority of the qualified electors voting within the respective commissioner district. Any commissioners who cease to be residents of their respective commission districts 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 . Election; bond. (a) That person elected at the November general election in 1988 to serve as the commissioner of Chattooga 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 the office of commissioner of Chattooga County 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

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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 be approved by the judge of the Probate Court of Chattooga 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 and funds coming into that member's hands by virtue of that member's office. Section 4 . Chairman. (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.

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The chairman shall also appoint members and chairmen of all committees of the board. The chairman shall be recognized as the official head of Chattooga County by state, federal, and other authorities for military and ceremonial functions. Section 5 . Vice chairman. 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. Section 6 . Meetings. The board of commissioners shall hold a regular meeting no less than once a month which meeting shall be on the first Tuesday of every month at the Chattooga County courthouse, unless the board shall designate a different regular meeting day or place, 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. Section 7 . Vacancies. (a) 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 subsection: (1) If the vacancy occurs within the first two years of the 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 Chattooga County shall conduct that special election on the same date as that November general election and shall issue the call therefor

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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 subsection, 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; and (3) 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 subsection. Section 8 . Compensation. (a) The chairman of the board shall receive an annual salary of $4,800.00. Each member of the board, other than the chairman, shall receive an annual salary of $3,600.00. These salaries shall be paid in equal monthly installments from the funds of Chattooga County. (b) In addition to said salaries, the chairman shall receive an expense allowance account of $2,000.00 per year from county funds, and each other member of the board shall receive an expense allowance account of $1,200.00 per year from county funds; provided, however, that the board may, by unanimous concurrence, authorize the reimbursement of expenses over and above the expense account allowance of any commissioner if such expenses are incurred by such commissioner in the performance of his or her duties. 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.

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Section 9 . 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 policymaking or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances. 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; (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 statue 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;

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(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 statue; (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 Chattooga County outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, 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

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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 Chattooga 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; (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 authorize all contracts involving the expenditure of county funds in excess of $5,000.00, except for contracts of employment; (22) 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 (23) To make appointments from recommendations of the chairman to independent boards, agencies, and bodies.

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(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 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

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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 O.C.G.A., 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 O.C.G.A., and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this section; (2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the Chattooga 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 Chattooga County Board of Health within the unincorporated area of Chattooga 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 Chattooga 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

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county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons; (3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens, and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest; (4) To prescribe penalties and punishment for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air-conditioning regulations), and all other lawful ordinances adopted by the 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 right of way of streets and roads within the unincorporated area of said county, and to

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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 Chattooga 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 Chattooga 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. Section 10 . County manager. The office of county manager of Chattooga 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 11 . 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 Chattooga 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 Chattooga County within 30 days after it shall have been completed.

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Section 12 . Budgeting; control of expenditures. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section. (b) The chairman shall serve as budget officer for the county. The chairman shall submit to the board not later than the regular May meeting of each year a revenue estimate for the following year and a proposed budget governing the expenditures of all funds 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 Chattooga County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the 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 Chattooga 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

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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) 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 13 . Clerk. Subject to confirmation by the board, the chairman is authorized to appoint a clerk of Chattooga 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 14 . 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

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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 15 . Specific repealer. An Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, is repealed in its entirety. Section 16 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chattooga County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The election superintendent shall conduct that election on the day of and in conjunction with the 1992 presidential preference primary or on the date of and in conjunction with any county-wide or state-wide special election held prior to the date of the 1992 presidential preference primary, and shall issue the call therefor not less than 30 nor more than 45 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a five-member board of commissioners of Chattooga 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 15 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 Sections 1 through 15 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.

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The expense of such election shall be borne by Chattooga County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 17 . Except as otherwise provided in Section 16 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create the Board of Commissioners of Chattooga County; to provide for matters relative thereto; to provide for a referendum; and for other purposes. This 23rd day of February, 1991. Honorable Tim Perry, Representative, 5th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Perry, 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 28, 1991. /s/ Tim Perry Representative, 5th District

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Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITYON-SITE SEWAGE DISPOSAL SYSTEMS; INSPECTION; REPAIRS; COST OF REPAIRS; LIENS; COLLECTION. No. 172 (House BIll No. 989). AN ACT To amend the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land; to authorize the authority to recommend repairs; to authorize the authority to make repairs in certain circumstances; to provide for the assessment of the cost of such repairs; to provide for liens for repairs; to authorize actions to collect for repairs or to enforce the powers of the authority relating to such on-site sewage disposal systems; 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 Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new section to read as follows:

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Section 4. Definitions. As used in this Act, the term: (1) `Authority' means the Douglasville-Douglas County Water and Sewer Authority created by Section 3 of this Act. (2) `Bear Creek and Dog River Drainage Basins' means ALL THAT TRACT or parcel of land lying and being in Douglas County, Georgia, and being more particularly described as follows: BEGIN at the point of intersection of the centerline of Highway 78 with the Douglas/Carroll County line; proceeding thence in an easterly direction along the centerline of U.S. Highway 78 to its intersection with Bright Star Road; proceeding thence in a southerly direction along the centerline of Bright Star Road to its intersection with the Central Church Road; proceeding thence in an easterly direction along the centerline of Central Church Road to its intersection with Chapel Hill Road; proceeding thence in a southerly direction along the centerline of Chapel Hill Road to its intersection with West Chapel Hill Road; proceeding thence in a southwesterly direction along the centerline of West Chapel Hill Road to its intersection with U.S. Highway 166; proceeding thence in a westerly direction along the centerline of U.S. Highway 166 to its intersection with the western land lot line of Land Lot 37; proceeding thence in a southerly direction along the western land lot lines of Land Lots 37 and 36 to the Chattahoochee River; proceeding thence along the centerline of the Chattahoochee River to its intersection with Capps Ferry Road; proceeding thence in a westerly and northwesterly direction along the centerline of Capps Ferry Road to its intersection with U.S. Highway 166; proceeding thence in a westerly direction along the centerline of U.S. Highway 166 to its intersection with the Douglas/Carroll County line; proceeding thence in a northerly, westerly, and easterly direction along the Douglas/Carroll County line to a point found at the TRUE POINT OF BEGINNING. (3) `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

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and equipment, financing charges, interest prior to, during, and for one year after completion of construction; the cost of engineering, architectural, fiscal and legal expenses, and of plans, 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 cost of placing the project in operation, and the condemnation of property necessary for 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 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 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. (4) `Project' means and includes the acquisition and construction of systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution, and sale of water for public and private uses; and (B) used or useful in connection with the collection, treatment, and disposal of sewage and waste, together with all parts of any such system, plant, work, instrumentality, and property and all appurtenances thereto and including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dam reservoirs, generating stations, sewage disposal plants, intercepting sewers, truck connecting and other sewers and water mains, filtration works, pumping stations, and equipment. (5) `Revenue bonds' or `bonds' means revenue bonds authorized to be issued pursuant to this Act. Revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings.

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(6) Any project shall be deemed `self-liquidating' if, in the sole judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 2 . Said Act is further amended by striking subsections (k) and (l) in Section 5 and inserting in lieu thereof the following subsections: (k) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; (l) To inspect all on-site sewage disposal systems which have been installed on property for which the authority provides water service in the Bear Creek and Dog River Drainage Basins as defined in paragraph (2) of Section 4 of this Act for the purpose of ensuring the proper operation of such systems; to have the right of entry to go onto such property for the purposes of inspecting on-site sewage disposal systems and repairing such systems under the authority granted by this subsection; to recommend repairs to such systems which are necessary, in the opinion of the authority, to make such systems operate properly; to perform such repairs as the authority considers necessary to make such systems operate properly in the event that the property owner fails or refuses to perform the repairs recommended by the authority; to assess the cost of any repairs performed by the authority or its agents against the owner of the property on which such repairs were performed and to impose a lien for the costs of such repairs upon the real estate records of the clerk of the Superior Court of Douglas County or to proceed with any other action to collect such sums; and to take any action in any court to enforce the provisions of this subsection; and

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(m) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. This 14th day of February, 1991. Honorable Thomas M. 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: February 19, 1991. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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DOUGLASVILLE-DOUGLAS COUNTY CHARTER COMMISSIONCREATION. No. 173 (House Bill No. 990). AN ACT To create and establish the Douglasville-Douglas County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission; to provide that the charter commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter commission and for the payment of those expenses by the governing authorities of the City of Douglasville and Douglas County; to provide that said commission shall be authorized to study all matters relating to the governments of Douglas County and the City of Douglasville and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Douglas County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act shall be known and may be cited as the Douglasville-Douglas County Charter Commission Act and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. Section 2 . As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:

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(1) Charter commission or commission means the Douglasville-Douglas County Charter Commission provided for in this Act. (2) Governing authority of the City of Douglasville means the mayor and council of the City of Douglasville, a municipal corporation of the State of Georgia. (3) Governing authority of Douglas County means the Board of Commissioners of Douglas County, a political subdivision of the State of Georgia. Section 3 . (a) There is created the Douglasville-Douglas County Charter Commission, which shall consist of 17 members to be appointed as provided in this section. (b) The governing authority of the City of Douglasville shall appoint seven members to the charter commission with one of those seven members being a member of the council of the City of Douglasville at the time of his or her appointment and for the duration of his or her entire term as a member of the charter commission and with six of the seven members being citizens of the City of Douglasville at the time of such appointment and for the duration of their respective terms as members of such commission. The mayor of the City of Douglasville shall serve as an ex officio member of the charter commission. The mayor's term of office as a member of the charter commission shall end when the mayor's term of office as mayor ends. (c) The governing authority of Douglas County shall appoint seven members to the charter commission with one of those seven members being a member of the Board of Commissioners of Douglas County at the time of his or her appointment and for the duration of his or her entire term as a member of the charter commission and with six of the seven members being citizens of Douglas County at the time of such appointment and for the duration of their respective terms as members of such commission. The chairman of the Douglas County Board of Commissioners shall serve as an ex officio member of the charter commission. The chairman's term of office as a member of the charter commission shall end when the chairman's term of office as chairman ends.

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(d) The charter commission, at its organizational meeting, shall appoint, by a majority vote of the members then present, one member to the charter commission who shall be a citizen of Douglas County at the time of such appointment and for the duration of his or her entire term as a member of such commission. (e) None of the members of said charter commission who is not a member of the governing authority of Douglas County or the City of Douglasville shall hold an elective or appointive office. (f) To be eligible for appointment as a member of the charter commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Douglas County for a period of at least two years prior to his or her appointment. (g) If a member of the charter commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, become unable, or decline to serve for any reason whatever as a member of the charter commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority or delegation that appointed that member shall appoint a successor promptly to fill such vacancy. (h) A certificate of appointment shall be issued by the appointing authority of each member of the charter commission and filed in the office of the Probate Court of Douglas County with a duplicate original of such certificate being transmitted to, and filed with, the chairman or the secretary of the charter commission. (i) Nine members of the charter commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (j) The charter commission may appoint advisory committees or subcommittees from among the general populace to

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advise it with respect to its work; provided, however, that the charter commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (k) All persons who shall, from time to time, serve as members of the charter commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter commission from time to time shall be afforded coverage and shall be included in the insured class under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of Douglas County extending to members of such governing authority of Douglas County, and what is commonly referred to as public official's liability insurance coverage, to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of Douglas County. Any and all additional premium amounts payable by Douglas County due to the extension of such coverage to the members of the charter commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by Douglas County and one-half by the City of Douglasville, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (l) The governing authority of Douglas County, the governing authority of the City of Douglasville, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. Section 4 . (a) The charter commission shall hold an organizational meeting within 21 days after the date this Act becomes effective. Any three or more members of the charter commission,

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composed of at least one member appointed by the governing authority of the City of Douglasville and one member appointed by the governing authority of Douglas County, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairman to preside until a permanent chairman is elected. The second order of business at the organizational meeting shall be the election of a permanent chairman who shall be elected by the majority vote of all members of the charter commission. (c) The charter commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter commission as it shall deem necessary. The charter commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Douglasville and Douglas County and in drafting a charter. The charter commission shall not employ any person who holds any elective public office. (d) The members of the charter commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Douglasville and the governing authority of Douglas County are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate not less than $6,000.00 for the charter commission, and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairman of the charter commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter commission, provided

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that such additional expenditures shall be first approved by both governing authorities. (e) The charter commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Douglasville and Douglas County upon request shall furnish the charter commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. Section 5 . The commission shall be authorized to study all matters relating to the governments of the City of Douglasville and Douglas County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Douglas County. If, after conducting such study, the charter commission shall draft a proposed charter creating a single county-wide government and such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Douglasville and Douglas County and may also supersede and replace any public authorities and special service districts located and operating within Douglas County. Section 6 . (a) The charter so drafted shall be submitted to the qualified voters of Douglas County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:

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(1) The charter shall provide for the abolishment of the existing governments of the City of Douglasville and Douglas County and for the creation of a new single government which may have all powers formerly exercised by the City of Douglasville, Douglas County, and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the State Court, the Probate Court, and the Magistrate Court of Douglas County; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Douglas County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and Douglas County and any public authorities or special service

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districts located or operating within Douglas County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any such taxing district established shall equitably reflect the services actually received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require; (9) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax

Page 4305

therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (10) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or other similar legislation; (11) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (12) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (13) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws ; (14) The charter shall provide for the repeal of conflicting laws; and (15) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Douglasville and Douglas County and the creation of a successor government.

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(c) The following additional provisions shall govern proceedings of the charter commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Douglasville and Douglas County and any other municipalities, authorities, or special service districts merged into the new government. (d) The charter commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairman or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of

Page 4307

contempt and may be cited by the commission to appear before a judge of the Superior Court of Douglas County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Douglas County School System or the Douglas County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Douglas County School System is constituted, empowered, or preserved, or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; (3) Abolish the office of sheriff, clerk of superior court, or tax commissioner; or (4) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality, or with respect to the school district; board of education; offices of sheriff, clerk of superior court, and tax commissioner; pension rights; and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purposes. Section 7 . The charter commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Douglasville and Douglas County regarding

Page 4308

the work of the charter commission. The charter commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Douglas County twice during the week next preceding the week in which the public hearing is held. The charter commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. Section 8 . (a) The charter commission shall complete its studies and shall prepare, complete, and file the charter within 15 months after the date of its organizational meeting; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Douglasville and by a similar resolution being duly adopted by the governing authority of Douglas County and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter commission with the clerks of the governing authorities of the City of Douglasville and Douglas County and shall be authenticated by the signature of the chairman of the charter commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter commission shall also make available a copy of the charter to every daily or weekly newspaper published in Douglas County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powres and perform its duties and functions.

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(e) Following the completion of the proposed charter by the charter commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. Section 9 . (a) A certified copy of the proposed charter shall be submitted by the commission to the Douglas County Board of Elections, and it shall be the duty of such board to call and hold a special referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia. Section 10 . (a) Not less than seven days nor more than 30 days after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the Douglas County Board of Elections to call a special election for approval or rejection of the proposed charter. The board of elections, as election superintendent, shall set the date of the election for a day not less than 30 days nor more than 60 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the following:

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() YES () NO Shall the charter reorganizing and consolidating the governments of the City of Douglasville and Douglas County and creating a single countywide government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote Yes, and those persons desiring to vote for rejection of the charter shall vote No. The votes cast on such question by the qualified voters of Douglas County residing within the corporate limits of the City of Douglasville and the votes cast on such question by the qualified voters of Douglas County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Douglas County residing within the corporate limits of the City of Douglasville are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Douglas 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 Douglasville and Douglas 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 in this Act, shall mean a voter of Douglas County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the City of Douglasville 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 Douglas County who shall attach the same to the copy of the charter previously certified to him or her.

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(e) Whenever a charter for the consolidation of the governments of the City of Douglasville and Douglas County has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Douglasville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Douglas County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him, and copies so certified by him shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. Section 11 . In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Douglasville and Douglas County shall stand abolished in accordance with the provisions of the charter of the new county-wide government. Section 12 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.

Page 4312

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. LEGAL NOTICE: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a Bill to create the Douglasville-Douglas County Charter Commission; to provide that such commission shall be authorized to study matters relating to the establishment of a singe Countywide Government; to provide for related matters; to repeal conflicting laws and for other purposes. This 1st day of March, 1991. Vicky Andrews, Acting County Clerk. 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: February 26, 1991. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4313

CITY OF DULUTHMAYOR AND COUNCILMEMBERS; ELECTION DATE; TERMS. No. 174 (House Bill No. 991). AN ACT To amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), 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 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 Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), 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 the two councilmembers elected in December, 1989, whose terms normally expire on December 31, 1991, shall remain in office until the first organizational meeting in January, 1992, and until their successors are elected and qualified. On the first Saturday in November of 1991, the successors to such two 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 day of the first organizational meeting in January following their election. On the Tuesday next following the first Monday in November of 1993, and biennially thereafter, the successors to such two 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 day of the first organizational meeting in January following their election.

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(b) The three councilmembers elected in December, 1990, whose terms normally expire on December 31, 1992, shall remain in office until the first organizational meeting in January, 1993, and until their successors are elected and qualified. On the first Saturday in December of 1992, the successors to such 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 day of the first organizational meeting in January following their election. On the Tuesday next following the first Monday in November of 1994, 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 elected and qualified and shall take office on the day of the first organizational meeting in January following their election. Section 2 . This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A. Section 3 . 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 1991 Session of the General Assembly of Georgia a Bill to amend an Act providing a new Charter for the City of Duluth, Georgia, approved March 16, 1987 (Ga. L. 1987, p. 3914), as amended, 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 and for other purposes. This 11th day of February, 1991. Mayor and Council, City of Duluth, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith R. Breedlove, who, on

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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 Home Weekly which is the official organ of Gwinnett County, on the following date: February 14, 1991. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF BUFORDCORPORATE LIMITS. No. 175 (House Bill No. 992). AN ACT To amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, so as to deannex certain property from 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 Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, is amended by adding at the end of Section 2 the following:

Page 4316

Any other provision of this section to the contrary notwithstanding, the following described property is deannexed and excluded from the corporate limits of the City of Buford: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 327 AND 332 OF THE 7th. DISTRICT, GWINNETT COUNTY, GEORGIA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH LIES NORTHEASTERLY ALONG THE NORTH RIGHT-OF-WAY OF BUFORD DAM ROAD (60' RIGHT-OF-WAY) A DISTANCE OF 1254.3 FEET FROM THE CENTERLINE OF SHADBURN FERRY ROAD (60' RIGHT-OF-WAY). SAID POINT BEING MONUMENTED BY AN IRON PIN 30' FROM THE CENTERLINE OF BUFORD DAM ROAD; THENCE North 30 degrees 06 minutes 42 seconds West for a distance of 368.85 feet TO AN IRON PIN; THENCE South 69 degrees 47 minutes 39 seconds West for a distance of 299.75 feet TO AN IRON PIN; THENCE North 29 degrees 55 minutes 12 seconds West for a distance of 624.53 feet TO AN IRON PIN; THENCE North 34 degrees 03 minutes 41 seconds East for a distance of 1160.39 feet TO AN IRON PIN; THENCE South 23 degrees 13 minutes 31 seconds East for a distance of 1604.20 feet TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF BUFORD DAM ROAD; THENCE along a curve to the left having a radius of 992.70 feet and an arc length of 188.65 feet, being subtended by a chord of South 67 degrees 06 minutes 53 seconds West for a distance of 188.37 feet ALONG THE RIGHT-OF-WAY OF BUFORD DAM ROAD;

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THENCE South 61 degrees 47 minutes 20 seconds West for a distance of 222.55 feet ALONG THE RIGHT-OF-WAY OF BUFORD DAM ROAD TO A POINT; THENCE along a curve to the right having a radius of 1755.44 feet and an arc length of 150.11 feet, being subtended by a chord of South 64 degrees 07 minutes 13 seconds West for a distance of 150.07 feet ALONG THE RIGHT-OF-WAY OF BUFORD DAM ROAD TO THE POINT OF BEGINNING. Together with and subject to covenants, easements, and restrictions of record. Said property contains 25.36 acres more or less. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended; and for other purposes. This 25th day of February, 1991. City Commissioners City of Buford GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith 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 Home Weekly

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which is the official organ of Gwinnett County, on the following date: February 28, 1991. /s/ Keith R. Breedlove Representative, 60th District Sworn to and subscribed before me, this 1st day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DEKALB COUNTYMILLAGE RATES; COUNTY AND SCHOOL DISTRICT TAXES; TAX COMMISSIONER; DATE OF CERTIFICATION. No. 176 (House Bill No. 995). AN ACT To amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, approved April 6, 1990 (Ga. L. 1990, p. 5272), so as to change the date on which the tax commissioner is to certify certain property tax information to the governing authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, approved April 6, 1990 (Ga. L. 1990, p. 5272), is amended by striking Section 2 of said Act in its

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entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. On or before December 31, 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; (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 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for procedures for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District, approved April 6, 1990 (Ga. L. 1990, p. 5272); and for other purposes. This 8th day of February, 1991. Rep. Betty Jo Williams

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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-Millage rate a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14th day of February 1991. /s/ Gerald Wm. Crane Co-Publisher (by)/s/ Linda L. Orr Agent Sworn to and subscribed before me this 14th day of February 1991 /s/ Samme Johnson Notary Public Gwinnett County, Georgia My Commission Expires January 1, 1994 (SEAL) Approved April 4, 1991. DEKALB COUNTYSPECIAL SERVICES TAX DISTRICTS; EXEMPTIONS FOR MUNICIPALITIES; FISCAL NOTE. No. 177 (House Bill No. 996). AN ACT To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance

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the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to certain provisions of law; to require a fiscal note; to provide for the contents of such fiscal note; 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 to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the DeKalb County Special Services Tax Districts Act, approved April 12, 1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6A, to be designated Section 6B, to read as follows: Section 6B. Notwithstanding any other provision of this Act to the contrary, the governing authority of any municipality lying wholly or partially in DeKalb County shall be authorized to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to the provisions of this Act or that constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468. Prior to the adoption of any such resolution, the governing authority of such municipality shall request and receive a fiscal note from the governing authority of DeKalb County. Such fiscal note shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the proposed resolution. It shall also include a statement as to the immediate effect and, if determinable or reasonably forseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given.

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Section 2 . This Act is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. 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 1991 session of the General Assembly of Georgia, a bill to repeal an Act to impose 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 by an Act approved March 22, 1989 (Ga. L. 1989, p. 4165), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4601); to repeal conflicting laws; and for other purposes. This 31st day of January, 1991. Dean Alford Representative, 57th District, Post 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 31, 1991. /s/ C. Dean Alford Representative, 57th District

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Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DEKALB COUNTYSTATE COURT; FEES. No. 178 (House Bill No. 997). AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4162), and by an Act approved March 22, 1989 (Ga. L. 1989, p. 4090), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4162), and by an Act approved March 22, 1989 (Ga. L. 1989, p. 4090), is amended by striking in its entirety Section 11B and substituting in lieu thereof a new Section 11B to read as follows:

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Section 11B. Each party filing a suit or proceeding of any character in the state court shall deposit with the clerk of said court, except as provided for in this section, the total costs, including the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $40.00 plus $10.00 for each defendant more than one. The total cost, except as provided for in this section, for a garnishment proceeding, irrespective of how it shall be terminated, shall be $40.00 plus $10.00 for each summons more than one. Cost for filing dispossessory and distress warrants shall be $35.00 plus $10.00 for each defendant more than one. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $10.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $10.00 is to accompany the letter of stipulation and in addition thereto there shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows: For filing and docketing each third-party complaint $10.00 For issuing scire facias each defendant including service 20.00 For each verdict rendered more than one and docketing same 1.00 For each judgment more than one and docketing same 8.00 For each motion filed and docketing the same 5.00 For affidavit to obtain alias fi. fa. 8.00 For taking and approving supersedeas bond 5.00 For answering each writ of certiorari 3.00 For filing and docketing each appeal, civil or criminal, and such fee shall be paid at the time of filing the notice of appeal 25.00 For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 For exemplifications of records, per hundred words .20 For affidavit where no cause is pending 1.00 For certificate and seal of court 1.00 For certified copy 5.00 For issuing subpoena or summons to witness 1.00 For providing uncertified photocopies of documents per page .25 For preparing Department of Public Safety letter 5.00 For each writ of possession filed and docketing same 10.00 For filing and docketing each traverse to answer of garnishment 10.00 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. MARSHAL To provide for the services of the marshal, the following fees shall be charged:

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For serving copy of summons or other pleadings, or both, per copy 20.00 For search and return of nulla bona, except in foreclosures and attachments 10.00 For each arrest in civil cases 20.00 For each commitment in civil cases and entering same 10.00 For each levy or seizure 15.00 For taking and approving bond in any civil case 10.00 For settling fi. fa. before sale of property 10.00 For advertising personal property for sale 5.00 For settling fi. fa. from another court 10.00 For backing fi. fa. from another court 10.00 For marshal's deed to realty 15.00 For bill of sale to personalty 10.00 For serving subpoena 20.00 For serving summons (second original and additional summons of garnishment) 10.00 Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $20.00.

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Commission on sale of property: On sums of $50.00 or less 7% On excess above $50.00 up to $550.00 5% For all sums exceeding $550.00, on excess 2% For removing or storing or removing and storing property and keeping and feeding animals, the cost shall be actual expense incurred. All costs provided for under this section shall be paid at the clerk's office at the time of filing. Section 2 . Said Act is further amended by striking subsection (a) of Section 38 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) In the State Court of DeKalb County there shall be collected by the clerk of the court, in addition to any other fees or charges authorized by law, a fee of $1.50 from the plaintiff or other moving party in each civil suit, action, or proceeding for which fees are required to be paid by such party. Such fee shall be charged only once in each case, shall be charged at the time of filing of the first papers in the action, and shall be included in the costs chargeable against the party who does not prevail. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February

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14, 1951 (Ga. L. 1951, p. 2401), as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rita Valenti, who, on oath, deposes and says that she is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: February 21, 1991. /s/ Rita Valenti Representative, 52nd District Sworn to and subscribed before me, this 22nd day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. NEWTON COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; ELIGIBILITY; RESTRICTIONS; APPLICABILITY; REFERENDUM. No. 179 (House Bill No. 1005). AN ACT To provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for definitions; to provide for entitlement to certain homestead

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exemptions; to provide for application with respect to certain taxes; to provide for exempted amounts; to provide for eligibility and restrictions; to provide for applicability; to provide for certain eligibility without further application by certain qualified taxpayers; to provide for a statement of authority; to provide for all related matters; to provide for specific repeal of certain existing homestead exemptions upon approval in a referendum; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 . As used in this Act, the term: (1) Disabled means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. (2) Gross income means all income, from whatever source. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (4) 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 3 . (a) The homestead of each resident of Newton County is exempted from Newton County ad valorem taxes and

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Newton 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 Newton County who is 65 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all Newton County ad valorem taxes and Newton County 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 $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 . Each resident of Newton County who is 62 years of age or older is granted an exemption on that person's homestead from all Newton County ad valorem taxes and Newton County School District ad valorem taxes in the amount of $20,000.00, if that person's gross income, together with the gross income of that person's spouse who occupies and resides at such homestead, does not exceed $10,000.00 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 6 . If the tax officials of Newton County have in their records on January 1, 1993, sufficient information to determine that a taxpayer qualifies for a homestead exemption granted by Section 3, 4, or 5 of this Act, the taxpayer shall be granted such exemption without filing an application. Otherwise a taxpayer shall apply for an exemption as provided by general law; but once a homestead exemption has been granted in one year it shall continue to be granted for future years without further application so long as the taxpayer qualifies.

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Section 7 . It shall be the duty of any person to notify the tax commissioner of Newton County in the event such person becomes ineligible for any exemption granted by this Act. Section 8 . Each exemption granted by this Act shall be in lieu of and not in addition to any other exemption from Newton County School District ad valorem taxes and Newton 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 9 . The exemptions granted by this Act shall apply to the tax year beginning on January 1, 1993, and all tax years thereafter. Section 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The election superintendent shall conduct that referendum election not later than the general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a $4,000.00 general homestead exemption from certain Newton County ad valorem taxes and Newton County School District ad valorem taxes, provides for a $20,000.00 homestead exemption from all Newton County ad valorem taxes and Newton County School District ad valorem taxes for persons who are disabled or who are 65 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding

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taxable year, and provides for a $20,000.00 homestead exemption from all Newton County ad valorem taxes and Newton County School District taxes for persons who are 62 years of age or older and who have a gross income not exceeding $10,000.00 for the immediately preceding year? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Newton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11 . If this Act is approved in the referendum provided for in Section 10 of this Act, that local constitutional amendment granting each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District (Resolution Act No. 207; House Resolution No. 478-1260; Ga. L. 1980, p. 2171) originally amending Article VII, Section I, Paragraph IV of the Constitution of 1976 and continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of 1983 and Code Section 48-5-55 of the O.C.G.A.; that local constitutional amendment providing a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits (Resolution Act No. 215; House Resolution No. 521-1370; Ga. L. 1980, p. 2187) originally amending Article VII, Section I, Paragraph IV of the Constitution of 1976 and continued

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in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of 1983 and Code Section 48-5-55 of the O.C.G.A.; an Act to specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to residents of Newton County, approved March 14, 1983 (Ga. L. 1983, p. 3814); and an Act to specify what homestead exemptions from Newton County and Newton County School District ad valorem taxation shall be available to Newton County residents, approved March 15, 1988 (Ga. L. 1988, p. 4045), shall stand repealed in their entirety effective December 31, 1992. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide homestead exemptions from Newton County and Newton County School District taxes; to provide for a referendum; to provide for related matters; and for other purposes. This 22nd day of February, 1991. 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 28, 1991. /s/ Denny M. Dobbs Representative, 74th District

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Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. DEKALB COUNTYCHIEF EXECUTIVE OFFICER; COMPENSATION; EXPENSE ALLOWANCE. No. 180 (House Bill No. 1007). AN ACT To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), so as to provide for the annual salary of the Chief Executive Officer; to provide for an expense allowance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), is amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

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Section 8. The provisions of any other law to the contrary notwithstanding: (1) The Chief Executive Officer of DeKalb County shall be compensated in an amount equal to the compensation which he received in 1991, to be paid in equal monthly installments; (2) Each member of the Commission shall receive an annual salary equal to 19 percent of the annual salary of the Chief Executive Officer; and (3) In addition to the annual salary provided for by paragraph (2) of this section, each member of the Commission shall receive an expense allowance of $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 1991 session of the General Assembly of Georgia a bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide for the compensation of the Chief Executive Officer; and for other purposes. This 29th day of January, 1991. Frank Redding GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank L. Redding, Jr., who, on

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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 28, 1991. /s/ Frank Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 5th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF MACONCORPORATE LIMITS. No. 181 (House Bill No. 1008). AN ACT To amend an Act providing a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, is amended by adding at the end of Section 1-105 the following:

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In addition to the present territory included within the corporate limits, the City of Macon shall also include the following described tract or parcel of real property: All that tract or parcel of land situate, lying and being in Land Lots 358 and 359, 13th Land District of Bibb County, Georgia, being known and designated as Parcel No. 1, containing 30.5 acres, more or less, and being more particularly described as follows: BEGINNING AT A POINT marking the common rear corner of Lots 301 and 302, Section 3, Riverside Park Subdivision; thence angle right and travel in a northwesterly direction along the rear of Lots 302, 303, and 304, said Riverside Park Subdivision a distance of 277.50 feet, more or less, to the rear corner common to Lots 304 and 305; thence angle right and travel N3613'21W a distance of 2,026.56 feet more or less, thence angle right and travel N5350'50E a distance of 505.65 feet more or less, to a point marking the rear corner common to Lots 411 and 412 of Section 4, said Riverside Park Subdivision; thence angle left and travel N3244'00E a distance of 227.44 feet more or less, to a point marking the rear corner common to Lots 412 and 413, said Riverside Park Subdivision; thence angle right and travel S8239'30E a distance of 217.23 feet more or less, to a point marking the rear corner common to Lots 413 and 414, said Riverside Park Subdivision; thence angle left and travel N2258'15W a distance of 463.02 feet more or less, to a point; thence angle left and travel S8931'26W a distance of 599.36 feet more or less, to a point lying on the line dividing Land Lots 359 and 346; thence angle left and travel S0028'34E along said land lot line a distance of 931.94 feet more or less, to a point marking the corner common to land lots 345, 346, 358 and 359; thence angle left and travel S0029'13E along the line dividing land lots 345 and 358 a distance of 681.65 feet more or less to a point lying on the northeast right-of-way of Interstate 75; thence angle left and travel S3607'11E along the northeast right-of-way of Interstate 75 a distance of 1,650 feet more or less; thence angle right and travel in a southwesterly direction

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to a point on the southwestern right-of-way line of Riverside Drive. Section 2 . All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a bill to amend an act providing a new charter for the City of Macon, approved March 29, 1977, (Ga. L. 1977, p. 3776), as amended, so as to change the corporate limits of said city, and for other purposes. William Lee Robinson Mayor, City of Macon P. O. Box 347 Macon, GA 31298 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas, who, on oath, deposes and says that he is Representative from the 102nd 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 16, 1991. /s/ David E. Lucas Representative, 102nd District

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Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. HENRY COUNTYCOMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 182 (House Bill No. 1010). AN ACT To provide for the creation of one or more community improvement districts in Henry County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide standards concerning conflicts of interest; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for the form of bonds and the definition of the terms cost of project or cost of any project as used in bond resolutions, bonds, notes, other obligations, and validation notices; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, and other obligations and subsequent issues of bonds, notes, and other obligations; to provide for construction; to provide that the provisions of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the districts' notes or other

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obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for termination; to provide for an effective date; to repeal conflicting laws and expressly preserve a specific Act; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be referred to as the Henry County Project Financing Community Improvement Districts Act. Section 2 . Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Henry County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created under this Act, or any supplemental resolution amending same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions. As used in this Act, the term:

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(1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district authorized by this Act. (3) Bonds or general obligation bonds means any bonds of a 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 a 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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and

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during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (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

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any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the governing body or bodies consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (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 (A) the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Henry County Board of Tax Assessors or (B) if so specified, such other method specified in the project specifications. (7) Forestry 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.

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(8) 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 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 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, which project is a project described in the project specifications for the district. (9) Project specifications means a description of the project or projects to be undertaken by the district. The project specifications must include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following: (i) the maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (ii) the maximum period of time during which such taxes, fees, and assessments may be levied; and (iii) a method for the equitable apportionment of such taxes, fees, and assessments. (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 Henry County within the district as certified by the Henry 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 neighborhood shopping, planned shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, 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

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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; project specifications; conflicts of interest. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984, said amendment being set out at Ga. L. 1984, p. 1703, et seq., there is created one or more community improvement districts to be located in Henry County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board constituted as provided in this Act. The conditions for such activation shall be: (1) The delivery of a petition by any taxpayer, containing the project specifications for the proposed district, to the Henry County Board of Commissioners and, if applicable, the governing authority of any municipality in which any part of the proposed district is to be located; (2) The adoption of a resolution consenting to the creation of each community improvement district, which resolution shall state that the district is created under the Henry County Project Financing Community Improvement Districts Act, and to the project specifications by: (A) The Henry County Board of Commissioners, if the district is located wholly within the unincorporated area of Henry County; (B) The governing authority of the municipality, if the district is located wholly within the incorporated area of a municipality and wholly within Henry County; or (C) The governing authorities of Henry County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Henry County and partially within the

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incorporated area of any municipality within Henry County; and (3) Written consent to the creation of the community improvement district by and the project specifications by: (A) A majority of the owners of real property within the community improvements district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (4) If the proposed community improvement district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the governing board of the newly created district and the governing board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. The written consents and cooperative agreement, if required, provided for above shall be submitted to the Henry County Tax Commissioner who shall certify whether subparagraphs (A), (B), and (C) of paragraph (2) of this subsection, as applicable, have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers here-under until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. (b) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees,

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and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of consents as described in paragraph (3) of subsection (a) of this section. Section 5 . Administration and appointment of board members. (a) Each district created pursuant to this Act which lies wholly within unincorporated Henry County shall be administered by the Henry County Board of Commissioners or by a five-member board appointed by the Henry County Board of Commissioners; provided, however, that so long as the directors of the Henry County Development Authority, created pursuant to the provisions of the Henry County Development Authority Act, Ga. L. 1967, p. 2291, as amended, shall be appointed by the Board of Commissioners of Henry County, the members of the board of each community improvement district created hereunder shall be the same as and shall serve terms coextensive with the board of directors, as now or hereafter constituted, of the Henry County Development Authority. (b) Each district created pursuant to this Act which lies wholly within an incorporated area in Henry County or partially within an unincorporated area of Henry County and partially within an incorporated area of Henry County shall be administered by a board of which five members are appointed by the Henry County Board of Commissioners and one member is appointed by the governing body of each municipality within which the community improvement district wholly or partially lies; provided, however, so long as the directors of the Henry County Development Authority are appointed by the Board of Commissioners of Henry County, the five members of the board of each community improvement district to be appointed by the Board of Commissioners of Henry County shall be the same as and shall serve terms coextensive with the board of directors, as now or hereafter constituted, of the Henry County Development Authority. The board member or members appointed by each municipality within which the community improvement district wholly or partially lies shall serve at the pleasure of the governing body which appointed such member. 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 property

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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 assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. 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. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing the projects which are specially required by the degree of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to Henry County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Henry County if the district lies wholly or partly within the unincorporated area of Henry County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Henry County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Henry County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied shall be transmitted by Henry County or the municipality who collects same to the board and shall be expended by the board only for the purposes authorized under this Act. (b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the collecting governing bodies by June 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extent upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.

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Section 7 . Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the Henry County Board of Commissioners if wholly within the unincorporated area of Henry County and such municipalities within which the district may be partially located if partially within the unincorporated area of Henry County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. (2) The adoption of a resolution consenting to the annexation by the board of the district; and (3) The adoption of a resolution consenting to the annexation by the governing authorities of Henry County, if any portion of the district is or is to be in the unincorporated area of Henry County, and such municipalities as may have area within the district before or after the annexation.

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Section 8 . Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, Henry County, or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of Henry County and any municipalities within which the district is partially located. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of Henry County or any such municipality to provide services or facilities within the district; and Henry County or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any 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 municipality or Henry County. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Powers. (a) Each district and its board created pursuant 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

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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, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its bonds, notes, or other obligations; loan agreements; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance

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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, or such longer period as may be authorized by law, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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) The district shall have the power and is authorized, whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it

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shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (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 Henry County and any municipal corporations in which the district is wholly or partially located; (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) 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;

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(19) 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 (20) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this Act; and no such power limits or restricts any other power of the board. Section 11 . Bondsgenerally. (a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged (subject to the power of the district to tax only in accordance with any limitation established by the project specifications). (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates; shall mature at such time or times, not more than 40 years from their respective dates; shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time; shall be subject to redemption on such terms; and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have

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matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Henry County shall 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 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

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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 a district. Section 12 . Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, and other obligations; subsequent issues of bonds, notes, and other obligations. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973;

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notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes of this Act. 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 under 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 . 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 of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. Section 15 . Termination. So long as a district has no debt outstanding the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to Henry County, unless the district shall lie wholly within an incorporated area, in which case the property, rights, and obligations of the district shall devolve to the municipality in which the district shall lie. Section 16 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17 . Repealer. All laws and parts of laws in conflict with this Act are repealed; provided, however, that the Henry County Community Improvement Districts Act, Ga. L. 1985, p. 4946, shall not be repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an

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Act known as the Henry County Community Improvements Act, approved March 28, 1985 (Ga. L. 1985, p. 4946); and for other purposes. This 25th day of January, 1991 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 1, 1991. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CITY OF STOCKBRIDGENEW CHARTER. No. 183 (House Bill No. 1011). AN ACT To provide a new charter for the City of Stockbridge; 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 Stockbridge in Henry 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 Stockbridge. References in this charter to the city or this city refer to the City of Stockbridge. The city shall have perpetual existence.

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Section 1.11 . Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Stockbridge, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor or clerk 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

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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; (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

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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, 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;

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

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(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;

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(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private 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;

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

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

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(b) Except for the mayor and the two councilmembers who were elected in 1990 to serve for terms of three years, 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 elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Stockbridge shall consist of one election district. (e) On the Tuesday next following the first Monday in November, 1991, and on that day quadrennially therafter, there shall be elected three councilmembers. Then, on the Tuesday next following the first Monday in November, 1993, and on that day

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quadrennially thereafter, there shall be elected a mayor and two councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's 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 appoint a qualified person to fill such vacancy until the next regular municipal election, at which a successor shall be elected to fill the unexpired term, if any, of such official. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:

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

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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;

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(5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of 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 Henry 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 Henry County following a hearing on a complaint seeking such removal brought by any resident of the City of Stockbridge. 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

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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 either four councilmembers or the mayor and three councilmembers personally, or by telephone personally, at least six hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.

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(c) All meetings of the city council 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, the mayor and three councilmembers or, in the absence of the mayor, 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 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. The enacting clause shall be The Council of the City of Stockbridge 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. An ordinance may be adopted with or without

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amendment or may be rejected at the meeting at which the ordinance is introduced. 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. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.

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

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Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that 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) 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;

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(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 the adoption 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 eleventh day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance

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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. (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.

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(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (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,

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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: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

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(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Stockbridge. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $1,000.00 or 20 days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 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 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

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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 Henry County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by

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

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Section 6.15 . Water and sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for water, sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance 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.

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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 may 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 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.

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(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. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28 . Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not

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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 shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.

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Section 6.32 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases

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shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the City of Stockbridge in Henry County, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, is repealed in its entirety. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide a new charter for the City of Stockbridge; to repeal an Act incorporating the City of Stockbridge, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended; to provide for matters relative to the foregoing; and for other purposes. This 25th day of January, 1991. 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

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official organ of Henry County, on the following date: February 1, 1991. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. HENRY COUNTYBOARD OF EDUCATION; CHAIRMAN; MEMBERS; COMPENSATION. No. 184 (House Bill No. 1012). AN ACT To amend an Act fixing the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2807), and an Act approved March 23, 1977 (Ga. L. 1977, p. 4122), so as to change the compensation of the chairman and other members of the Board of Education of Henry 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 fixing the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended by an Act approved

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March 2, 1966 (Ga. L. 1966, p. 2807), and an Act approved March 23, 1977 (Ga. L. 1977, p. 4122), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The compensation of the chairman of the Board of Education of Henry County shall be $500.00 per month and the compensation of the other members of the board shall be $400.00 per month, payable from the funds of Henry 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 1991 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2807), and an Act approved March 23, 1977 (Ga. L. 1977, p. 4122), so as to change the compensation of the chairman and other members of the Board of Education of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 25th day of January, 1991. 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

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official organ of Henry County, on the following date: February 1, 1991. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. SPARTA-HANCOCK PUBLIC FACILITIES AUTHORITYCREATION. No. 185 (House Bill No. 1014). AN ACT To create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the Sparta-Hancock Public Facilities Authority; to provide for a short title; to define terms; to create the authority and provide for its members and their terms, powers, duties, vacancies, compensation, expenses, and officers; to provide for the purposes and powers of the authority; to provide for the issuance of revenue bonds; to provide for the authorized contents of agreements and instruments; to provide for protection of bondholders; to provide for collection and use of revenues, earnings, rents, and fees; to provide for a sinking fund; to provide for immunity; to provide for the tax exemption of its properties, income, and obligations; to provide for authority for enactment; to provide that the offer, sale, or issuance of obligations of the authority shall not be subject to regulation under Chapter 5 of Title 10 of the Official Code of Georgia Annotated,

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known as the Georgia Securities Act of 1973; to provide for conveyance of property of the authority upon dissolution; 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 may be referred to as the Sparta-Hancock Public Facilities Authority Act. Section 2 . Definitions. As used in this Act, the term: (1) Authority means the Sparta-Hancock Public Facilities Authority. (2) Cost of the project or cost of any project means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred 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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of any project and during such additional period as the

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authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection for any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing

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and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (3) Project means real and personal property acquired or held by the authority for one or a combination of two or more of the following undertakings: buildings, and facilities for use as public service facilities, including community buildings, libraries, airports, and roads and bridges; public safety facilities, including fire stations and buildings to house fire or rescue equipment, fire and rescue multiservice centers, police stations, and jails; health services, including hospitals, clinics, and mental retardation centers; water and waste disposal facilities, including water, sanitary sewerage, and solid waste disposal facilities, including landfills and incinerators; natural gas distribution systems; and all buildings and facilities of every kind and character, determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Sparta or Hancock County in the performance of its governmental, proprietary, and administrative functions. (4) Revenue bonds or bonds means any bonds of the authority 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 authority. Section 3 . Creation of authority. (a) There is created the Sparta-Hancock Public Facilities Authority which shall be a body corporate and politic and is declared to be a public corporation which shall consist of seven members appointed as follows:

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(1) Four members shall be appointed by the Board of Commissioners of Hancock County: (A) Three shall be elected officials of Hancock County; and (B) One shall be appointed at large from residents of Hancock County; and (2) Three members shall be appointed by the mayor and council of Sparta: (A) Two shall be elected officials of the City of Sparta; and (B) One shall be appointed at large from the residents of the City of Sparta. (b) The members of the authority shall serve for terms of four years and until their successors have been selected, provided that of the original members of the authority, those elected officials appointed by the Board of Commissioners of Hancock County and the mayor and council of Sparta shall serve for four-year terms and the at-large members shall serve for terms of three years. Successors shall serve for terms of four years. Any vacancy shall be filled for the remainder of such term in the same manner as the original appointment of such member. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer, either of whom may but need not be a director. The authority shall have perpetual existence. (c) (1) (A) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 of the O.C.G.A. and subparagraph (A) of this paragraph 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 director or any organization or person with which any director of the authority is in any way interested or

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involved, provided that (i) any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (ii) no director 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 (iii) no director 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 subsection, the term substantial interest or involvement means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. (2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any director who is present at any meeting or who participates in 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. (d) The directors of the authority shall be reimbursed for actual expenses incurred in the performance of their duties. Section 4 . Powers of authority generally. (a) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute with public and private persons and corporations contracts, leases, rental agreements, and other instruments relating to its projects and incident to the powers of the authority, including contracts for constructing, renting, and leasing of its projects for the use of the City of Sparta or Hancock County including, but not

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limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided in this paragraph except from the funds provided therefor and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided in this paragraph upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Sparta or Hancock County, the governing authorities of the City of Sparta and Hancock County are authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee, and by such governing authority, on behalf of the City of Sparta or Hancock County, as grantor, taking into consideration the public benefit to be derived from such conveyance;

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(5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the authority is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority;

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(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation or county or other political subdivision of this state for the use by the authority of any facilities or services of the state or any such state institution, municipal corporation, or county or for the use by any state institution or any municipal corporation or county of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are authorized by law to undertake; (11) Whenever revenue bonds of the authority have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including, but not limited to, real property, fixtures, personal property, contracts, rights, and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the

Page 4403

authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) To receive and use the proceeds of any tax levied by the City of Sparta and Hancock County to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (14) To make, receive, and administer gifts, gratuities, grants, and devises of money and property of any kind and to administer trusts; (15) To use and operate any real property, personal property, or fixtures or any interest therein and to carry on any commercial activity in connection therewith or to rent or lease such property to or from others or make contracts with respect to the use and operation thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (16) To 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;

Page 4404

(17) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (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 purpose of the authority; 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 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 5 . Revenue bonds. (a) Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. (b) All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the directors of the authority present at a regular or special meeting. (c) Revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, convenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in office and their successors.

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(d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be a limitation of $5 million upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Code Section 36-82-64 of the O.C.G.A. of the Revenue Bond Law, the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority. (f) Bonds and other obligations of the authority shall be validated under and in accordance with Code Section 36-82-73 of the O.C.G.A. of the Revenue Bond Law. (g) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (h) Bonds of the authority shall bear a certificate of validation. The signature of the clerk of the Superior Court of Hancock 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. (i) With respect to the validation of bonds, in lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest

Page 4406

(which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Act shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (j) The terms cost of the project and cost of any project shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of the authority; in bonds, notes, or other obligations of the authority; or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 6 . Authorized contents of agreements and instruments of authority generally; use of proceeds; subsequent issues. (a) Subject to the limitations and procedures provided by this Act, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly, as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the

Page 4407

authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 7 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority shall be created which will compete with the authority so as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. Section 8 . Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;

Page 4408

(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; and (6) To pay any expenses in connection with such bond issue or of such project or projects, including, but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rentals, fees, or charges 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 of such project and may provide for the payment of rent during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and hold harmless the authority from any and all damage to persons and property occuring on or by reason of the leased property or the 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

Page 4409

enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rent payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 9 . Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Section 10 . Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and

Page 4410

employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Section 11 . Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process. Section 12 . Obligations of authority not public debt of state or political subdivision thereof. No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof, nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of this state or any county, municipal corporation, or political subdivision thereof. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision. Section 13 . Constitutional authority for enactment of Act; tax exemption. This Act is enacted pursuant to authority granted the General Assembly by the Constitution of Georgia. The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this Act that the authority shall not be required to pay any taxes of any kind or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts thereof upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it or others or upon its activities in the purchase, use, sale, disposition, operation, or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of the

Page 4411

authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. Deeds to secure debt and similar instruments given and recorded to support or to secure the bonds, notes, or obligations of the authority or to support or to secure obligations pledged in support of the bonds, notes, or obligations of the authority shall be exempt from all intangibles, intangibles recording, and other taxation within this state. Section 14 . Conveyance of property upon dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of Sparta or Hancock County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. Section 15 . Construction of Act; applicability of the Georgia Securities Act of 1973. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., known as the Georgia Securities Act of 1973. Section 16 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17 . Repeal. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create and establish the Sparta-Hancock County Public Facilities Authority; and for other purposes.

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This 16th day of February, 1991. /s/ George Green Representative 106th District AFFIDAVIT GEORGIA, HANCOCK COUNTY TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the SPARTA ISHMAELITE, which has a general circulation in and is the legal organ for Hancock County, Georgia, on the following dates, to-wit: February 21, 1991 /s/ R. Allen Haywood, Publisher Sworn to and subscribed before me on the 22nd day of February, 1991: /s/ Priscilla L. Haywood Notary Public, Hancock Co., GA My commission expires 5/31/93 (SEAL) Approved April 4, 1991.

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HENRY COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 186 (House Bill No. 1015). AN ACT To amend an Act making provisions for the Magistrate Court of Henry County, approved March 10, 1988 (Ga. L. 1988, p. 3849), so as to change the compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act making provisions for the Magistrate Court of Henry County, approved March 10, 1988 (Ga. L. 1988, p. 3849), is amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows: Section 4. (a) The chief magistrate of the Magistrate Court of Henry County shall receive a base annual salary of $35,000.00, to be payable in monthly installments from the funds of Henry County. (b) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the annual salary of the chief magistrate serving in office at the time of such increase shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the annual salary shall be increased by an average percentage or average amount of the general increase in salary granted to the state employees. The county governing authority shall use the average percentage increase or average amount increase as calculated by the Office of Planning and Budget. The periodic changes in the annual salary of the chief magistrate as authorized by this subsection shall become effective six months following the date that the cost-of-living increase received by state employees becomes effective.

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(c) The amounts provided in either subsection (a) or (b) of this section shall be increased by 5 percent for each four-year term of office served by the chief magistrate, computed at the end of each such period of service. The increase shall not have retroactive effect, except that the term of the chief magistrate in office on July 1, 1991, shall be counted for determining the appropriate salary under this subsection. (d) The base annual salary provided in subsection (a) of this section shall be applicable to any person who takes office as chief magistrate for the first time or after a break in previous service as chief magistrate. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Henry County, approved March 10, 1988 (Ga. L. 1988, p. 3849), so as to change the salary of the chief magistrate; and for other purposes. This 25th day of February, 1991. 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 4415

official organ of Henry County, on the following date: March 1, 1991. /s/ W. B. Dunn Representative, 73rd District Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. HENRY COUNTYCORONER; COMPENSATION; EXPENSE ACCOUNT. No. 187 (House Bill No. 1016). AN ACT To amend an Act providing for a salary and expense allowance for the coroner of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a salary and expense allowance for the coroner of Henry County is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows: Section 1. The coroner of Henry County shall receive a monthly salary of $200.00. In addition to such salary, the coroner shall also receive a $200.00 per month expense allowance.

Page 4416

All of such compensation shall be paid from the funds of Henry County and shall be in lieu of the fee system of compensation for the coroner. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing a salary and expense allowance for the Coroner of Henry County, approved March 23, 1977 (Ga. L. 1977, p. 4127), so as to change the compensation of the coroner; and for other purposes. This 25th day of February, 1991. 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: March 1, 1991. /s/ W. B. Dunn Representative, 73rd District

Page 4417

Sworn to and subscribed before me, this 4th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. COWETA COUNTYBOARD OF COMMISSIONERS; ADDITIONAL MEMBER; DUTIES; TERM; COMPENSATION. No. 188 (House Bill No. 1017). AN ACT To amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3694), so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county; to provide that such additional member shall be the chairperson of the board of commissioners; to provide for the duties, compensation, and term of office of such additional commissioner; to provide for the compensation of the other members of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3694), is amended by adding a new Section 3A immediately following Section 3 to read as follows:

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Section 3A. (a) There shall be an additional member of the board of commissioners of Coweta County who shall be designated as the chairperson of the board of commissioners. The chairperson shall be responsible for conducting the meetings of the board and shall vote only when such chairperson's vote is necessary for the board to act. In addition, the chairperson shall be responsible for the day-to-day administrative activities of the board of commissioners. (b) The chairperson shall be elected by a majority vote of the registered voters of the county voting in the election. The first chairperson created by this Act shall be elected at the general election held in 1992 to serve for a term of two years beginning on January 1, 1993. Such chairperson's successor and each subsequent chairperson shall be elected at the election preceding the expiration of a term of office for a term of four years and until such chairperson's successor is elected and qualified. (c) The compensation of the first chairperson established by this Act shall be $7,500.00 per annum. Thereafter, the compensation of each successor to such chairperson shall be $9,200.00 per annum. (d) The compensation of the members of the board of commissioners of Coweta County other than the chairperson shall be $7,200.00 per annum. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly

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by an Act approved March 5, 1984 (Ga. L. 1984, p. 3694); and for other purposes. This 22nd day of February, 1991. Honorable Sidney Jones, Representative, 71st District PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: February 28 /s/ William W. Thomasson, Publisher Sworn before me on this 28 day of February, 1991 /s/ Carolyn Joyner Notary Public (SEAL) Approved April 4, 1991. RICHMOND COUNTYCOUNTY OFFICERS; COMPENSATION; POWER OF GOVERNING AUTHORITY. No. 189 (House Bill No. 1020). 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, so as to authorize the governing authority of Richmond County to increase the compensation of some of said officials; to provide for other matters relative thereto; to provide

Page 4420

an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) As used in this subsection, the term `county officer' means the officers specified in paragraphs (1), (2), (3), (6), and (13) of subsection (a) of this section. (2) The salary for each county officer provided for in subsection (a) of this section or the minimum salary provided for in any general law applicable to any such county officer shall be the minimum salary applicable to each such county officer, and the governing authority of Richmond County may increase such minimum salary from time to time in such amount for each such county officer as the governing authority shall determine. (c) The compensation provided for in subsections (a) and (b) of this section shall be paid in equal monthly installments. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia an Act to provide that the governing authority of Richmond County shall have the authority to supplement the salary or compensation as established by general law or local law of any elected official of

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Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 28th day of December, 1990. ROBERT C. DANIEL JR. County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike 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 7, 1991. /s/ Mike Padgett Representative, 86th District Sworn to and subscribed before me, this 6th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF COLLEGE PARKWARDS; ELECTION DATE; REFERENDUM. No. 190 (House Bill No. 1021). AN ACT To amend an Act creating the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, so as to provide for districting of said city into four wards; to provide for the date of municipal elections; to provide for one councilmember representing each ward; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, is amended by striking from Section 3 of said Act the words six councilmen and inserting in lieu thereof the words four councilmembers so that the first paragraph of Section 3, as amended by Ga. L. 1949, p. 1961, Section 1, shall read as follows: The municipal government of said city shall be vested in a mayor and four councilmembers, who shall have been bona fide residents of said city for one year preceding their election to said offices. They shall constitute the governing body and authority of said city and shall pass such ordinances, resolutions, and bylaws for the government of said city, as they may deem proper, not in conflict with this charter or the Constitution and laws of this state or of the United States. Section 2 . Said Act is further amended by striking Section 3 of the amendatory Act, approved August 12, 1914 (Ga. L. 1914, p. 647), as amended, in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) Effective January 1, 1992, the City of College Park shall be divided into four political divisions named wards, and said divisions shall be termed the first, second, third, and fourth wards. Boundary descriptions of each

Page 4423

ward shall be established by ordinance of the mayor and council. (b) The mayor and council of the City of College Park, as the governing body and authority, shall have the power by ordinance to make changes in ward lines from time to time, whenever it is deemed advisable to contract or extend them; provided, however, that the ward lines whenever rearranged shall not increase the number of wards beyond a total of four wards; provided, further, that the mayor and council shall have authority at any time at regularly scheduled council meetings, by ordinance, to rearrange said ward lines. Section 3 . Said Act is further amended by striking Section 4 of said Act, as amended, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Effective with the election to be held in 1991, and for each election thereafter, the election shall be held on the Tuesday next following the first Monday in November. Section 4 . Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Effective January 1, 1992, the four councilmembers of said city shall consist of one councilmember each from the first, second, third, and fourth wards of said city. Councilmembers elected for a four-year term in the general city election held in October, 1989, for then existing wards two and five shall continue to hold office through December 31, 1993, and shall be designated as the successor councilmembers from wards two and four, respectively. Thereafter, the terms of office for councilmembers from wards two and four shall be four years. In the general election held in November, 1991, there shall be elected a mayor and two councilmembers designated to represent wards one and three, respectively. The mayor and each of the two councilmembers from wards one and three shall be elected for a term of four years, and thereafter their term of office shall be four years. Section 5 . This Act shall only be effective upon the affirmative vote by a majority of the current governing authority

Page 4424

for the City of College Park calling a referendum as provided in Section 6 and upon the approval by a majority of voters casting their ballots in such referendum. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, upon a vote of the majority of members of the governing authority of the mayor and council of the City of College Park to call such a referendum, 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 electors of the City of College Park for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, or at such other time as prescribed by general state law, 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 the City of College Park. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for districting of the City of College Park into four council districts be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of College Park. 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.

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NOTICE OF LOCAL LEGISLATION CITY OF COLLEGE PARK Notice is hereby given that local legislation will be introduced during the 1991 session of the Georgia General Assembly for the purpose of amending those provisions of the Charter of the City of College Park which concern the establishment and number of wards, description of ward boundaries and the number of citizens residing therein; and, as enacted by Georgia Laws 1914, p. 647, Sec. 3, as amended, and Georgia Laws, 1895, p. 251, Sec. 4, as amended. GLAZE, GLAZE, FINCHER BRAKEFIELD Attorneys for the City of College Park GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anthony Hightower, who, on oath, deposes and says that he 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: January 23, 1991. /s/ Anthony Hightower Representative, 36th District Sworn to and subscribed before me, this 6th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4426

NOTICE OF LOCAL LEGISLATION CITY OF COLLEGE PARK Notice is hereby given that local legislation will be introduced during the 1991 session of the Georgia General Assembly for the purpose of amending those provisions of the Charter of the City of College Park which concern the establishment and number of wards, description of ward boundaries and the number of citizens residing therein; and, as enacted by Georgia Laws 1914, p. 647, Sec. 3, as amended, and Georgia Laws 1895, p. 251, Sec. 4, as amended. GLAZE, GLAZE, FINCHER BRAKEFIELD Attorneys for the City of College Park GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anthony Hightower, who, on oath, deposes and says that he 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 22, 1991. /s/ Anthony Hightower Representative, 36th District Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4427

CITY OF HOGANSVILLESCHOOL TAXES; MAXIMUM MILLAGE RATE; REFERENDUM. No. 191 (House Bill No. 1022). AN ACT To amend an Act establishing an independent school system for the City of Hogansville, approved December 12, 1893 (Ga. L. 1893, p. 424), as amended, so as to revise provisions relating to ad valorem school taxes; to change the maximum millage rate of such taxes; 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 establishing an independent school system for the City of Hogansville, approved December 12, 1893 (Ga. L. 1893, p. 424), as amended, is amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows: Section 4. The board of education of the Hogansville school system shall annually certify to the governing authority of the City of Hogansville a school tax not to exceed 20 mills per dollar for the support and maintenance of education. The governing authority of the City of Hogansville, beginning with tax years beginning on or after December 31, 1990, shall annually levy and collect said tax upon the assessed value of all territory embraced by the Hogansville school district. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County 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 Hogansville for approval or rejection. The election superintendent shall conduct that election on a date set during the month of July, 1991, 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

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official organ of Troup County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the board of education of the Hogansville school system to annually certify to the governing authority of the City of Hogansville an ad valorem tax for education purposes not to exceed 20 mills per dollar and authorizes the governing authority of the City of Hogansville to annually levy and collect such ad valorem tax? 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 Hogansville. 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. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.

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Deponent further saith that the following notice attached hereto: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act establishing an independent school system for the City of Hogansville, approved December 12, 1893 (Ga. L. 1893, p. 424), as amended, so as to revise provisions relating to school taxes; and for other purposes. This 28 day of February, 1991. Honorable Quillian Baldwin Senator, 29th District has been published in said LaGrange Daily News, to-wit: Mar. 2 1991 being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publishers Sworn and subscribed before me this fourth day of March 1991 /s/ Dottie Beall Hulett Notary Public Troup County, Georgia My Commission Expires Aug. 31, 1991 (SEAL) Approved April 4, 1991.

Page 4430

WALKER COUNTYPROBATE COURT; JUDGE; PERSONNEL; COMPENSATION. No. 192 (House Bill No. 1023). AN ACT To amend an Act placing the judge of the Probate Court of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4291), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the judge of the Probate Court of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4291), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum of $29,200.50 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing the Judge of the Probate Court of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended and for other purposes. This 12th day of February, 1991. HONORABLE MIKE SNOW STATE REPRESENTATIVE DISTRICT 1, POST 1 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 20, 1991. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4432

WALKER COUNTYTAX COMMISSIONER; PERSONNEL; COMPENSATION. No. 193 (House Bill No. 1024). AN ACT To amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4293), so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4293), is amended by striking subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The tax commissioner shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said tax commissioner shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said official shall not exceed the total sum of $96,807.88 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly. Said salaries shall be paid from the special fund created by Section 2A of this Act. If said special fund has insufficient funds with which to pay all of said salaries, the special fund shall first be extinguished for said purposes and the remainder of said salaries shall be paid from the general funds of the county. The salary of the deputy tax commissioner shall not be less than $15,249.15 and shall be paid from said total amount of $96,807.88.

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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), as amended; and for other purposes. This 12th day of February, 1991. HONORABLE MIKE SNOW STATE REPRESENTATIVE DISTRICT 1, POST 1 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 20, 1991. /s/ Michael M. Snow Representative, 1st District

Page 4434

Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. WALKER COUNTYSUPERIOR COURT; CLERK; PERSONNEL; COMPENSATION. No. 194 (House Bill No. 1025). AN ACT To amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4288), so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer; to provide for certain salary increases; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the clerk of the Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4288), is amended by striking subsection (a) of Section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) The above-named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel.

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Said clerk shall have the authority to set the salary of his deputies, clerks, assistants, and other personnel. The combined salaries of said deputies, clerks, assistants, and other personnel appointed by said officer shall not exceed the total sum of $107,207.88 per year. Each deputy, clerk, assistant, or other personnel shall be paid monthly from the general funds of Walker County, Georgia. The salary of the deputy clerk of the superior court shall not be less than $15,249.15 and shall be paid from said total amount of $107,207.88. (2) The deputy clerk of the superior court and both office clerks shall receive a one-time salary increase equal to 5 percent of their current compensation, beginning April 1, 1987. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of the Superior Court of Walker County, on an annual salary approved January 27, 1964 (Ga. L. 1964, p. 2024), as amended; and for other purposes. This 12th day of February, 1991. HONORABLE MIKE SNOW STATE REPRESENTATIVE DISTRICT 1, POST 1 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,

Page 4436

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 20, 1991. /s/ Michael M. Snow Representative, 1st District Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BACON COUNTYBOARD OF COMMISSIONERS; CREATION REENACTED. No. 195 (House Bill No. 1026). AN ACT To revise and reenact the law creating a Board of Commissioners of Bacon County; to provide for districts for residence of members of the board of commissioners other than the chairman; to provide that the chairman and members of the board shall be elected by the voters of their respective districts; to provide that those persons currently serving as members of the board of commissioners shall complete their terms of office; to provide for election of successors; to provide for qualification of members; to provide for an oath of office; to provide for compensation; to provide for reimbursement for mileage and actual expenses; to provide for a per diem allowance in certain circumstances; to provide for the filling of vacancies; to provide for election of a vice chairman; to provide for assumption of the duties of the chairman by the vice

Page 4437

chairman in certain circumstances and for a change in the vice chairman's compensation; to provide for removal of a vice chairman exercising the chairman's duties; to provide for duties of the chairman; to provide for the vote of the chairman in certain circumstances; to provide for bonds; to provide for recall; to provide for a quorum; to provide for meetings, extra sessions, and special meetings of the board of commissioners; to provide for open meetings and executive sessions; to provide for the adoption of rules of order and bylaws; to provide for the appointment, salary, duties, bonds, and removal of a clerk and assistant clerk; to provide for a monthly list of disbursements; to provide for the power and duties of the board; to provide for reports from county officers; to provide qualifications for county employees; to provide for a superintendent of roads; to provide for a county attorney; to provide for a financial statement; to provide for an annual budget; to prohibit expenditure of county funds except in accordance with the budget; to provide for an annual continuous audit of county finances; to provide for maintenance of financial records and removal from office for failure to maintain sufficient records; to provide for a county depositary; to provide for citing defaulting officers; to provide for publication of a list of disbursements, balance sheet, and operating statement; to provide for inventory of county property; to prohibit subcontracting by the board in certain circumstances; to require a majority vote for entering into contracts; to provide for the method of payment for rights of way for roads; to provide for adoption and approval of a purchasing policy; to prohibit certain purchases; to require written contracts; to provide for contracting to the lowest bidder after notice; to provide for performance and payment bonds from contractors; to provide for exceptions; to provide for license fees; to provide for public buildings; to provide for the control of property; to provide for the sale or disposal of property; to provide procedures for the sale of real property; to provide for exceptions; to provide for temporary loans in certain circumstances; to provide for limited applicability to the Bacon County Board of Education; to provide for copies of audits from the Bacon County Board of Education; to provide for review of legislation by the judge of the superior court with county officers; 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:

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Section 1 . (a) For purposes of electing the five members of the board of commissioners of Bacon County, who must reside in districts, the county is divided into six districts as follows: District 1 All that territory embraced within the boundaries of Bacon County District 2 Bacon Tract 9901 That part of Block 254 within the City of Alma Those parts of Blocks 334 and 338 within the City of Alma Blocks 351 through 373 and 390 through 395 Blocks 401 through 403 Blocks 616 through 627 and 639 through 642 Blocks 703 through 705 and 723 That part of Block 858 within the City of Alma District 3 Bacon Tract 9901 Blocks 339 through 350, 374 through 389, and 396 through 399 Blocks 404 through 420 Those parts of Blocks 502, 503, and 527 within the City of Alma Blocks 528 through 530 That part of Block 531 within the City of Alma Block 532 Those parts of Blocks 533, 536, 538, and 539 within the City of Alma Blocks 541 and 543 through 550

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Blocks 601 through 615, 628 through 638, and 643 through 650 Blocks 701, 702, 706 through 722, and 724 through 734 Those parts of Blocks 735 and 736 within the City of Alma That part of Block 857 within the City of Alma District 4 Bacon Tract 9901 Block Group 1 Blocks 201 through 253 That part of Block 254 outside the City of Alma Blocks 255 and 257 through 267 Blocks 321, 322, and 328 through 333 That part of Block 334 outside the City of Alma Blocks 336 and 337 That part of Block 338 outside the City of Alma District 5 Bacon Tract 9901 Block 335 Block 537 That part of Block 539 outside the City of Alma Those parts of Blocks 735 and 736 outside the City of Alma Blocks 740 and 741 Those parts of Blocks 742 and 758 lying south of Georgia Power line Block 759 That part of Block 760 lying south of Georgia Power line Those parts of Blocks 801 and 803 lying south of Georgia Power line

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Blocks 804 through 820 and 822 through 856 Those parts of Blocks 857 and 858 outside the City of Alma Blocks 859 through 874 and 899 District 6 Bacon Tract 9901 Blocks 301 through 320 and 323 through 327 Blocks 421 through 452 Block 501 Those parts of Blocks 502 and 503 outside the City of Alma Blocks 504 through 526 Those parts of Blocks 527, 531, 533, 536, and 538 outside the City of Alma Blocks 737 through 739 That part of Block 742 lying north of Georgia Power line Blocks 743 through 755 and 757 Those parts of Blocks 758 and 760 lying north of Georgia Power line Blocks 761 through 797 That part of Block 801 lying north of Georgia Power line Block 802 That part of Block 803 lying north of Georgia Power line Blocks 888 and 889 (b) Any part of Bacon County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census. Section 2 . (a) (1) At the general election conducted in 1984, the chairman and four members of the board shall be elected.

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(2) The chairman shall be elected from District 1 for an initial term of four years beginning January 1, 1985, and until his successor is elected and qualified. (3) The members from Districts 2 and 5 shall each be elected for an initial term of four years beginning January 1, 1985, and until their successors are elected and qualified. The members from Districts 4 and 6 shall each be elected for an initial term of two years beginning January 1, 1985, and until their successors are elected and qualified. (4) That person elected to represent the Alma District as a member of the board of commissioners of Bacon County at the 1982 general election, under previously existing provisions of this Act, shall serve out that member's term of office, which shall expire December 31, 1986, and until the election and qualification of a successor under this section. That successor shall be elected at the 1986 general election to serve from District 3 under this section and shall take office January 1, 1987, for an initial term of four years and until the election and qualification of a successor. (5) From January 1, 1985, until January 1, 1987, the board of commissioners of Bacon County shall consist of the chairman and four members elected under this subsection and the incumbent member elected at the 1982 general election to represent the Alma District. (b) Successors to those members elected under subsection (a) of this section shall be elected at the general election immediately preceding the expiration of the respective terms of office and they shall each take office January 1 following their election for terms of four years and until the election and qualification of their respective successors. (c) The chairman and each member of the board shall be elected by a majority of the voters within their respective commissioner districts. The chairman and each member of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code.

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Section 3 . Qualifications of members : Members of the board of commissioners shall be citizens of this State who have attained the age of twenty-five (25) years, are and have been legal residents of Bacon County, and their respective district for not less than two (2) years preceding the date of their election, are free holders in Bacon County, who have paid their taxes to date, and qualified and registered in Bacon County to vote for members of the General Assembly. No member of the board of commissioners shall be eligible to hold any other office of the county, a municipality, nor of the State of Georgia during his term of office on the board. Section 4 . Oath of office : The commissioners designated as constituting the board of commissioners hereinabove and each commissioner hereafter elected or appointed to the office of commissioner shall, before assuming the duties of such office, take and subscribe the following oath, viz.: I solemnly swear that I will faithfully and impartially perform my duties as a member of the board of commissioners of roads and revenues of Bacon County during my continuance in office. I further swear that I am not the holder of any public funds unaccounted for. So Help Me God. Section 5 . Compensation. The compensation of the chairman of the board shall be the average of the compensation of the constitutional officers of Bacon County, the exact amount to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as members of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county for actual expenses

Page 4443

incurred by them while engaged in county business. In addition to travel and actual expenses, the board shall authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business. Section 6 . Vacancies . All vacancies in the membership of the board of commissioners occurring within one year or less of expiration of such term of office shall be filled by appointment of the remaining membership of the board. All vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same manner as provided to fill vacancies in other county offices. Persons so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. Section 7 . (a) At their first regular meeting in January, 1985, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as vice chairman. The vice chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time without notice, cause, or hearing. If the chairman dies, resigns, or is removed from office, the vice chairman shall assume the duties of the chairman and shall receive the same salary as provided for the chairman for the remainder of the term; provided, however, the board may remove the vice chairman exercising the chairman's duties and call for a special election to fill the vacancy in the chairman's post for the remainder of the unexpired term. (b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the temporary absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of chairman and shall receive a per diem allowance, not less than the amount of the per diem allowance provided for members of the General Assembly, for every day that said vice chairman performs the duties of the chairman. It shall be the duty of the chairman to

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preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All six commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County. Section 8 . Recall : Each member of the board of commissioners shall be subject to recall at any time after his election. The petition for such recall election must be signed by not less than 35% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the ordinary of Bacon County, and it must be signed in the presence of the ordinary or of an employee of the ordinary. The person or persons sponsoring such petition shall address such petition to the ordinary, petitioning him to call for a special election to submit the question of whether any member of the board shall be recalled. The ordinary shall allow such person or persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such person or persons must notify the ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the ordinary more than fifteen (15) days after it is placed in the ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen (15) day period shall be void and of no force and effect. It shall then be the duty of the ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. For this purpose, the clerk of the superior court of Bacon County is hereby directed to furnish the ordinary with a list of the registered voters for the last general election. The ordinary must make his decision of the sufficiency of the petition within fifteen (15) days after the same is formally presented to him. In the event he determines that the petition is in order, it shall

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be his duty to issue the call for an election and such call shall be issued within five (5) days after he determines that such petition is in order. He shall set the date of the election for not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two (2) weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the member of the board whose recall has been petitioned, and shall designate the district of such member. The ballot shall have written or printed thereon, the words For recall of (name of member) (district) and Against recall of (name of member) (district) . The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the position in question shall be vacated from the date of such recall election, and the person so removed shall not be eligible for re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the person shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same person shall be held for at least two (2) years. Section 9 . Three members of the board shall constitute a quorum for the transaction of all business which may come before them. Section 10 . Meetings : All regular meetings of the board of commissioners shall be held at a date and time to be adopted by majority vote of the commissioners in the office of said board or at a pre-announced place on the courthouse premises in Bacon County, Georgia and said meetings may be adjourned from day to day until all business is completed. Any commissioner who fails to attend a monthly meeting forfeits his monthly salary for the month in which the meeting was missed. If any commissioner attends only part of a regularly scheduled meeting, the other commissioners shall decide whether or not to pay said commissioner. The majority of said commissioners is to decide on the validity of an excuse. Extra sessions or special meetings may be held at any time on the call of any two (2) members of the board. Whenever a special meeting is called, notice shall be given by the clerk of the board to each member of the board, in writing, setting forth the date, and the

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place of the meeting, and the purpose for which the same is called, and no business shall be transacted at such special meetings except such as is given in the notice without the unanimous consent of the entire board of commissioners. Notice and purpose of meetings may be waived. All such notices shall be served by leaving the same at the home of each member or by delivering the same to him in person. All meetings, both regular and special, shall be open to the public; provided, however, that the board shall have the right to hold executive sessions; provided, further, that no official action or vote on any proposition or question coming before the board shall be taken at any other than a public meeting. Section 11 . Rules of Procedure : It shall be the duty of the board of commissioners to adopt rules of order and by-laws by which all meetings shall be conducted, said rules of order and by-laws to be spread upon the minutes of the board. Section 12 . It shall be the duty of the board of commissioners, not later than January 31, 1965, and at the first regular meeting in each year thereafter, to appoint a clerk of the board of commissioners. The board shall also have the power and authority to appoint an assistant clerk if it deems the same necessary. The salary of the clerk and assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board and may be removed at any time without notice, statement, or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his continuance in office nor within 12 months after the expiration of the term nor within 12 months after resignation or removal from the office of commissioner. Section 13 . Duties of clerk : The clerk of the board of commissioners shall devote his entire time to the duties of his office and shall hold no other office, elective or otherwise, during his term as clerk. It shall be the duty of the board of commissioners to provide ample office space for the clerk in the courthouse in Bacon County. It shall be the duty of the clerk of the board of commissioners to attend all meetings of the board, subject to wishes of board; to keep a careful and accurate record of its proceedings, including a record of the votes on all questions coming before the board, keep an accurate set of books showing in detail all items of income and expense of the county; act as depositary for all funds received by officers of the county required by law to deposit the same with the

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county depositary; to account for all revenues due said county from whatever source; furnish to the board of commissioners such information as may be requested by them, and the clerk shall open his books at any reasonable time to any citizen requesting to see the same; keep and preserve all of the records of the board of commissioners; countersign all vouchers issued by the board of commissioners, thereby certifying that the same is a proper expenditure authorized by the board of commissioners; and perform such other duties as may be required of him by the board of commissioners. In the event of the absence, or disqualification of the clerk, the duties of his office may be performed by the assistant clerk appointed by the board of commissioners. Section 14 . Bond of clerk : Before entering upon his duties as clerk, it shall be the duty of the clerk and the assistant clerk to execute and deliver to the board of commissioners good and sufficient bond, not less than $50,000.00 nor more than $100,000.00, executed by a solvent bonding company authorized to do business in the State of Georgia, to be approved by the board of commissioners, payable to the board of commissioners and their successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of such bonds shall be paid from the general funds of Bacon County. Section 15 . Clerk to post monthly list of disbursements : The board of commissioners for Bacon County shall require the clerk of said board to post on the bulletin board in the rotunda or hallway of the courthouse, a monthly list of all disbursements in detail, by giving the names and amounts to whom the checks were issued and said list shall be accessible to the public. This information shall also be on file in the office of the board of commissioners for inspection by any citizen or taxpayer. Section 16 . Power and authority of board of commissioners : It shall be the duty of the board of commissioners of Bacon County to exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the commissioners of roads and revenues of Bacon County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. The board of commissioners shall have power and authority to levy taxes, borrow money, hire and fire and

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all other powers and authority vested in county commissioners according to the laws and Constitution of the State of Georgia. Section 17 . Reports of county officers : The board of commissioners is empowered to require that any or all county officers make written reports to them on the general or specific conduct of the affairs of their respective offices, semiannually, and to adopt rules and regulations, not in conflict with the general laws of the State, concerning the conduct of such offices. Section 18 . Annual reports of county officers : All county officers of the various departments of Bacon County shall make a return, under oath, to the grand jury on the first day of each term of the superior court, setting forth a just and true statement of the amount of money received by them belonging to said county and the sources from which the same was received; also, the expenditures, accompanied with proper vouchers. Section 19 . The board of commissioners of Bacon County shall have the power to appoint and remove all county employees, to set all salaries, and to adopt reasonable rules and regulations for the various departments of the county. All employees employed by said board shall be of the highest moral integrity possible and shall be citizens of the United States who have paid their taxes to date and who are the best qualified and experienced people that said board can employ in the field of endeavor for which the employees are being employed. Section 20 . Superintendent of roads : The board of commissioners shall have the right to appoint a superintendent of roads and to define his duties and fix his salary. Section 21 . County attorney : The board of commissioners shall have the right to appoint a county attorney and fix his compensation. Section 22 . Tax requirements : It shall be the duty of the board of commissioners of Bacon County to have prepared by the clerk, under their supervision, by the time of the occasion of the grand jury at the first or spring term, a statement of the financial condition of the county, and the amount of tax required for county purposes for the year, which shall be presented by the clerk, to the

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foreman of the grand jury on the first day of the term, for inspection by that body. Section 23 . Budgets and appropriations : The board of commissioners, shall, annually, not later than the first regular meeting in March of each year, beginning with the year 1965, adopt a budget providing for the expenditure of all county funds, including capital outlays and public works, for the ensuing year. Prior to the adoption of said budget, the board shall hold one public meeting thereon, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Bacon County and by posting the same at the courthouse door. After its adoption, the budget shall constitute the board's appropriation of all funds for the year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting and no increase shall be made in an appropriation without provision being made for financing the same. Section 24 . Expenditures by allotments : No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. Section 25 . Audits : The board shall, on or before January 31st annually, employ a certified public accountant for making an annual continuous audit of county finances and financial records of each and every department of the county. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, and shall report any irregularities found to exist. Each county officer shall exhibit his records to the auditor appointed by the board in default of which the board shall have the power to issue an order requiring the production of such records and to punish for failure to do so. Any officer who shall fail or refuse to deliver such books to said auditor shall receive no compensation from county sources during such default. A copy of each annual audit shall be delivered by the clerk to the spring session of the Bacon County grand jury and a copy filed in the office of the clerk of the superior court for public inspection. Section 26 . System of records : It shall be the duty of the board of commissioners to cause to be installed an adequate and sufficient system of maintaining financial records, in each office of the county, and to require that the same be properly maintained by

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each county officer. Any county officer who shall fail or refuse to maintain adequate and sufficient records indicating all receipts and disbursements shall be guilty of malfeasance of office, and removed from office as provided by law. Section 27 . County depositary : The clerk of the board of commissioners is hereby designated as depositary for all funds belonging to Bacon County, collected from whatever source. It shall be the duty of each county officer collecting funds which belong to Bacon County to deposit the same with said clerk not later than the tenth day of the month following receipt of the same. It shall be the duty of the clerk to report any defaulting officers to the board of commissioners, whereupon, it shall be the duty of the board of commissioners to cite such defaulting officer as provided by section 89-817 et seq., Georgia Code of 1933. The board of commissioners shall adopt rules and regulations concerning the public funds maintained by said clerk. Section 28 . List of disbursements may be published any time upon recommendation of grand jury : A recommendation of two-thirds of any grand jury may require that a list of all disbursements, showing names and amounts, expended by Bacon County be published in the official organ of said county. Section 29 . Quarterly publishing of balance sheet and operating statement : The board of commissioners shall publish in the official organ of Bacon County quarterly, to wit; (A) A current balance sheet of Bacon County. (B) An operating statement for the past three (3) months. Section 30 . Annual inventory of county property : An annual inventory shall be made by the board of commissioners of all property belonging to Bacon County, both real and personal, and kept in an inventory book for public inspection. Section 31 . The board of commissioners of Bacon County shall be prohibited from doing any subcontracting whatsoever except by a majority vote of the members of said board voting.

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Section 32 . No county contracts may be entered into by the board of commissioners of Bacon County except by a majority vote of the members of said board voting. Section 33 . Payments made in securing the rights of way for roads shall be made through condemnation; provided, however, the board of commissioners of Bacon County may make a voluntary payment or negotiate payment to a land owner by majority vote of the members of said board voting. Section 34 . Purchasing policy : A purchasing policy shall be adopted by the board of commissioners of Bacon County and same shall be in writing and submitted to the first grand jury after said board takes office under the provisions of this Act, for approval by a majority vote of said grand jury. If said grand jury disapproves said purchasing policy, said grand jury shall be required to revise and prepare a purchasing policy that said board must use. Until such time as the first grand jury shall meet in said county, said board may adopt whatever purchasing policy they deem advisable by a majority vote of said board. Section 35 . Certain purchases prohibited : The board of commissioners of Bacon County shall not purchase any goods or property from any business in which they are employees, or in which they are directly or indirectly interested, or from any person or partnership of which they are a member, or by whom they are employed, unless by sanction of the majority of the board of commissioners, or unless it be made clearly to appear that the said individual, partnership or owner of the business offers and will sell the goods or property as cheap as or cheaper than it can be bought elsewhere. Section 36 . Contracts to be in writing and entered on minutes : All contracts entered into by the board of commissioners of Bacon County and other persons on behalf of said county shall be in writing and entered on the minutes of said board. Section 37 . Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in Bacon County, the board of commissioners of Bacon County may cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the courthouse door, after being advertised for letting of said contracts

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as provided for in Section 38 of this Act; provided, however, that said board shall have authority to reject any and all bids at such public letting and, if in its discretion the public interest and economy require it, said board may build or repair any public buildings, bridges, causeways, or other public property in said county by contract or sealed proposals. Section 38 . The board of commissioners of Bacon County may give notice of the contract to be let in the official organ of said county once a week for four weeks and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done and the terms and time of payment. The clerk may make out and post conspicuously in said office of the board complete minute specifications of the proposed public work, which shall be open to the inspection of the public. Section 39 . Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. The requirements of Sections 37 and 38 of this Act shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less cost than $300.00, but the board of commissioners of Bacon County may have such work done by hiring hands and furnishing materials; provided, however, that the board of commissioners shall have the power and authority to purchase material for, and use convicts in, building or repairing any public building, bridge, causeway, or other public works in such county and, in such case, Sections 37 and 38 of this Act shall not apply. Where such material is purchased and such work is done by convicts or labor so furnished, the board of commissioners of Bacon County may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done. Section 40 . Bonds for public contractors : No contract with the board of commissioners of Bacon County for the doing of any public work shall be valid for any purpose, unless the contractor shall give:

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(A) A performance bond with good and sufficient surety or sureties payable to, in favor of and for the protection of the board of commissioners of Bacon County for whom the work is to be done. The performance bonds shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under preceding Section of this Act. (B) A payment bond with good and sufficient surety or sureties, payable to the board of commissioners of Bacon County for the use and protection of all contracts and all persons supplying labor, materials, machinery and equipment and the prosecution of the work provided for in said contract. (C) Provided, however, that this Section shall not apply where the contract price does not exceed $1,000.00. Section 41 . Fees and Licenses : The county commissioners shall also have authority to set fees and licenses for all persons conducting business in Bacon County outside the City of Alma. Section 42 . Erection and furnishing of buildings; protection of records : It is the duty of the board of commissioners of Bacon County to erect or repair, when necessary, the courthouse and jail, and all other necessary public buildings, to furnish each with all the furniture necessary for the different rooms, offices, or cells, and to procure a fire-proof safe or safes sufficient to hold at least all the minute books containing records, all judgments, officers' bonds, all recognizances, the bonds of administrators and guardians, and the records of wills and of appraisements and sales, unless the courthouse has a fire-proof vault. Such books and papers, and all others that can be so cared for, shall be placed in such safes or vaults at night or when, the various county officers are absent from their offices. Section 43 . How property controlled : The board of commissioners of Bacon County shall have the control of all property belonging to said county, and may by order to be entered on their minutes direct the disposal of any real property which may lawfully be disposed of, and make and execute good and sufficient title thereof on behalf of the county.

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Section 44 . Unserviceable property sold : When any county property shall become unserviceable, it may be sold or otherwise disposed of, by order of the board of commissioners of Bacon County and an entry of the same shall be made in the inventory book, and the money received therefrom shall be paid to the county depositary. Section 45 . Public sale of real property; publication of notice : Prior to the sale or disposition of any real property belonging to Bacon County, notice of the contemplated sale or disposition of such property shall be published in the official organ of said county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. The provisions of this Section shall not apply to redemption of the property held by said county under a tax deed, a granting of easements, rights-of-way, the sale, conveyance or transfer or road rights-of-way and the sale, transfer or conveyance to any other body politic. This Section shall not apply to any option to sell or dispose of any real property belonging to said county of this State that was granted by said county prior to March 17, 1959. Section 46 . Temporary loans authorized; conditions : In addition to obligations otherwise allowed, the board of commissioners of Bacon County is hereby given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of said county outstanding at any one time shall not exceed seventy-five (75%) per cent. of the total gross income of said county from taxes collected by said county in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which the loan is made. No loan may be made in any year under the provisions of this section when there is a loan then unpaid which was made in a prior year under the provisions of this section. If such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the board of commissioners of Bacon County, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting, Bacon County shall not incur in any one calendar year an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of said county, for such calendar year, or issue

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in one calendar year, notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. Section 47 . Reserved. Section 48 . Inapplicability of this Act to county board of education : This Act in its entirety shall not be applicable to the Bacon County Board of Education except that the Bacon County Board of Education shall submit annually a copy of its audit to: (A) The spring grand jury. (B) The clerk of the superior court for public inspection. (C) The board of county commissioners. Section 49 . Review of legislation by judge : The judge of the superior court of Bacon County, Georgia, on the first day of the commencement of court during a May term of the superior court which is held immediately after any county commissioner is elected shall read and review all the provisions of this legislation and all amendments thereto to all county officers. Section 50 . Effective date : The effective date of this Act shall be July 1, 1991. Section 51 . Specific repealer . The following Acts of the General Assembly are repealed in their entirety: an Act creating a board of commissioners of Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665); an Act changing the compensation of the chairman of the board of commissioners, approved February 28, 1966 (Ga. L. 1966, p. 2223); an Act changing the compensation of the chairman and other members of the board of commissioners, approved March 29, 1973 (Ga. L. 1973, p. 2334); an Act changing the compensation of the chairman of the board of commissioners, approved March 23, 1977 (Ga. L. 1977, p. 3356); an Act providing for commissioner districts, approved March 29, 1983 (Ga. L. 1983, p. 4538); an Act providing for commissioner districts, approved March 21, 1984 (Ga. L. 1984, p. 4661); an Act changing the compensation of the members of the board of commissioners, approved March 31, 1987 (Ga. L. 1987, p. 5118); and an Act changing the

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compensation of the chairman of the board of commissioners, approved March 22, 1989 (Ga. L. 1989, p. 4158). Section 52 . 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 was 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 53 . Conflicting laws repealed : All laws and parts of laws in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act to create a board of commissioners of roads and revenue for Bacon County, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended; and for other purposes. This 26 day of February, 1991. Honorable Tommy Smith Representative, 152nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the

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official organ of Bacon County, on the following date: February 28, 1991. /s/ Tommy Smith Representative, 152nd District Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BRANTLEY COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; MILEAGE; COMPENSATION; MEETING DATE. No. 196 (House Bill No. 1028). AN ACT To amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4283), so as to provide a new mileage rate for the chairman and board of commissioners; to change the compensation for the commissioners other than the chairman; to change the date on which the monthly meeting is held; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating the office of commissioners of Roads and Revenues of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4283), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new section to read as follows: Section 4. The chairman of the board of commissioners shall be the chief executive officer of the board. He shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. The chairman's salary shall be the sum of one-fourth of the total of the salaries of the constitutional officers of the county; the clerk of the Superior Court of Brantley County; the judge of the probate court; the sheriff; and the tax commissioner. The chairman's salary shall be recomputed according to the above-stated formula upon any increase in the salary of any of said constitutional officers. In addition to the compensation otherwise provided in this Act, the chairman of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his official duties. Section 2 . Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new section to read as follows: Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the second Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $200.00 per month for their services as members of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he shall not be entitled to receive compensation provided for in this Act for the remainder of that calendar year. The members of the board of commissioners, other than the chairman, shall also receive the sum of $50.00 per called meeting. In addition to compensation provided in this Act, members of the board of commissioners shall receive mileage expense at the rate set by the State of

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Georgia for its employees per mile traveled pursuant to their official duties and going to and from meetings of the board. Section 3 . This Act shall become effective on January 1, 1992. 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioners of Roads and Revenues of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4283); and for other purposes. This 28th day of February, 1991. Honorable Thomas Smith Representative, 152nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following date: February 28, 1991. /s/ Tommy Smith Representative, 152nd District

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Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. BAKER COUNTYTREASURER; ABOLISHMENT; DEPOSITORIES; PROCEDURES; CONSTRUCTION. No. 197 (House Bill No. 1032). AN ACT To abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds; to provide an effective date; to provide that this Act shall be effective before said effective date under certain circumstances; to provide procedures connected with the foregoing; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The office of Treasurer of Baker County is abolished effective December 31, 1992, or upon a vacancy occurring in this office by reason of death, resignation, retirement, or any other reason, whichever first occurs, and it shall be the duty of the Board of Commissioners of Baker County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in Baker County, as a depository or depositories of all funds of Baker County. All county funds which were paid to the treasurer before December 31, 1992, shall be paid to the Board of Commissioners of Baker County and shall be

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deposited by said commissioners in said county depository or depositories. Section 2 . Said county depository or depositories shall not pay out any of such county funds so deposited except on order or check duly signed by a majority of the members of the board of commissioners. Section 3 . Such depository or depositories shall be selected under such rules and regulations as may be prescribed by the Board of Commissioners of Baker County. Section 4 . Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement showing the amount of funds deposited and paid out during the month and the balance remaining on deposit together with all canceled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners. Section 5 . Said depository or depositories shall receive no compensation for acting as such depository. Section 6 . This Act shall become effective on December 31, 1992; provided, however, that in the event the office of Treasurer of Baker County shall become vacant by death, resignation, retirement, or for any other reason at any time before December 31, 1992, then this Act shall become effective on the day said office becomes vacant and, in such event, it shall be the duty of the board of commissioners to appoint a depository or depositories to receive county funds until the following January 1, at which time the depository or depositories shall be appointed in accordance with the provisions of Section 1 of this Act. Section 7 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Baker County and for other purposes. This 12th day of February, 1991. Honorable Ralph J. Balkcom Representative, 140th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Baker County, on the following date: February 18, 1991. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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BAKER COUNTYTAX COMMISSIONER; CREATION. No. 198 (House Bill No. 1033). AN ACT To consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The offices of tax receiver and tax collector of Baker County are consolidated and combined into the one office of tax commissioner of Baker County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided in this Act, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state. Section 2 . The first election for the office of tax commissioner created in this Act shall be held at the same time as the election of other county officers for Baker County in 1992. The person so elected shall take office on the first day of January following his election and shall serve until December 31, 1996, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing in this Act shall affect the terms of office of the present tax collector and tax receiver of Baker County, and their terms of office shall continue through December 31, 1992. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.

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Section 3 . The tax commissioner shall be compensated as provided in Code Section 48-5-183 of the O.C.G.A., as now or hereafter amended. 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 Baker County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided this Act for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind. Section 5 . The tax commissioner shall have the sole authority to employ, discharge, and fix the compensation of the employees of his office, but the Board of Commissioners of Baker County shall have final approval of the compensation of each such employee. The compensation of all such employees shall be paid from the funds of Baker County. Section 6 . All taxes due and payable Baker County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectable as issued. 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 1991 session of the General Assembly of Georgia a bill to consolidate the offices of tax collector and tax receiver of Baker County into the one office of tax commissioner of Baker County; and for other purposes. This 12th day of February, 1991.

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Honorable Ralph J. Balkcom Representative, 140th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Balkcom, who, on oath, deposes and says that he is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Baker County, on the following date: February 18, 1991. /s/ Ralph J. Balkcom Representative, 140th District Sworn to and subscribed before me, this 7th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CLAYTON COUNTYDEPUTY TAX COMMISSIONER; COMPENSATION. No. 199 (House Bill No. 1046). 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 28, 1990 (Ga. L. 1990, p. 4626), so as to change the provisions relative to the compensation

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of the deputy tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act 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 28, 1990 (Ga. L. 1990, p. 4626), is amended by striking subsection (b) of Section 7A in its entirety and substituting in lieu thereof a new subsection (b) to 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 $36,000.00 per annum, payable in equal monthly installments from the funds of Clayton County. Section 2 . This Act shall become effective on July 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 1991 session of the General Assembly of Georgia a bill to amend an Act consolidating the office of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, so as to change the provisions relating to the salary of the tax commissioner; and for other purposes.

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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 Clayton News/Daily which is the official organ of Clayton County, on the following date: February 14, 1991. /s/ William J. Lee Representative, 72nd District Sworn to and subscribed before me, this 8th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF WARNER ROBINSCORPORATE LIMITS. No. 200 (House Bill No. 1047). 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act providing a new charter for the City of 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 a new paragraph 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 Houston County, Georgia, and being more particularly described as follows: Beginning at a point on the northerly right-of-way of Sandy Run Road where the easterly line of the city limits of Warner Robins intersects therewith, thence in a generally easterly direction along the northerly right-of-way of Sandy Run Road to a point where the northerly right-of-way of Sandy Run Lane intersects therewith; thence continuing in a generally easterly direction along the northerly right-of-way of said Sandy Run Lane to a point where said right-of-way intersects with the westerly line of property now or formerly owned by R. Wayne Lowe; thence in a southerly direction along the westerly line of said Lowe property to a point where the southerly right-of-way of Sandy Run Lane intersects therewith; thence in a generally westerly direction along the southerly right-of-way of Sandy Run Lane to a point where the northerly right-of-way of Sandy Run Road intersects therewith; thence extend the southerly right-of-way of Sandy Run Lane crossing Sandy Run Road to a point where the southerly right-of-way of said Sandy Run Road intersects therewith; thence in a generally westerly direction along the southerly right-of-way of said Sandy Run Road to a point where the easterly line of the city limits of Warner Robins intersects therewith; thence in a northerly direction along said line crossing Sandy Run Road to a point being the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 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. This 23rd day of January, 1991. HONORABLE, ROY H. WATSON, JR. REPRESENTATIVE, 114th DISTRICT HONORABLE H. J. WALKER, III REPRESENTATIVE, 113th DISTRICT HONORABLE SONNY PERDUE SENATOR, 18th 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: January 30, 1991. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me, this 8th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF HOMERVILLECOUNCIL; MEETINGS; MUNICIPAL COURT. No. 201 (House Bill No. 1049). AN ACT To amend an Act incorporating the City of Homerville in Clinch County, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to revise provisions relative to meetings of the city council; to revise provisions relative to the police 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 Homerville in Clinch County, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, is amended by striking Section 10 in its entirety and inserting in its place a new Section 10 to read as follows: Section 10. Be it further enacted, that the regular meeting of the city council of Homerville shall be held at the council chamber of said city on such days and times as may, by ordinance, be established by the city council, at which time all regular business concerning the welfare of said city shall be transacted; but special or called meetings may be held when public emergency so warrants, and they may also hold adjourn meetings which shall be considered as a meeting adjourned. Section 2 . Said Act is further amended by striking Section 21 in its entirety and inserting in its place a new Section 21 to read as follows: Section 21. Be it further enacted, that a police court is hereby created and established in said City of Homerville, to be known and designated as `The Police Court of Homerville,' and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those more specifically set forth

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herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, provided said defendant expresses a desire to plead guilty or is unable to give bond for his or her appearance at the regular session of said police court; the rights of the city and of the defendant to prepare for trial, and to have reasonable time for said preparation, being forever preserved. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Homerville committed within the jurisdiction limits thereof and such state offenses as allowed by law, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof and state law; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try, and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. Said police court shall be presided over by a recorder who shall be elected by the mayor and aldermen of said city, the office of said recorder being hereby created and established in said city. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by some citizen appointed by the recorder. At the first council meeting after the approval of this Act a recorder shall be elected to serve during the remainder of the term of office of the present city officials. The mayor or any alderman may be elected recorder. Said police court shall have the power and authority to impose sentences and impose fines therein, such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. Said police court shall have power and authority to impose finds and to inflict punishments, after convictions, upon all violators of the laws, resolutions, and ordinances of said city, by fines not exceeding $200.00 and by

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compulsory labor in the chaingang upon the streets or public works of said city under the control and direction of the proper officers, not to exceed 50 days, either or both or a portion of either or both in the discretion of the court; and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. The public court shall have the authority to impose such fines as may be provided by state law for state offenses over which the police court has jurisdiction. Said police court shall have the authority to impose finds for contempt of said courts, not to exceed fines of $20.00, and to impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both in the discretion of the court. There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on a written charge made by any police officer employed by the City of Homerville. The written charge may be in the form of a traffic ticket or citation. Said charge shall plainly and definitely set forth the specific charge against the accused and shall be subject to the same strictness of pleading as required for charges in state courts. The accused may demur to said charges under the same rules, and subject to the same ruling, as provided by law in reference to demurrers to accusations in the state courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the charge. Said police court shall be clothed with the same powers as state courts in reference to compelling the attendance of witnesses, subpoenas to be issued by the clerk of council. Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine. In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the courts, he shall have the right within 30 days from such judgment to certiorari his case to the Superior Court of Clinch County, Georgia, which certiorari case shall be subject to the same rules and penalties

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as provided by law of this state for certioraries from police courts, certiorari being the only appeal available to such convicted person. The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the superior courts of this state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offenses, shall give bond for his or her appearance at any session of said police court and shall fail to appear at any time appointed in such bond, then the clerk of said police court shall issue a scire facias in such police court why such bond should not be forfeited; and if, at the return term of said scire facias in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein, and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force, who shall proceed to collect the same as tax executions of said city are enforced and collected. In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said court, and similarly where some other party has deposited a sum of money for the appearance of such person who does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police court judge,

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entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Homerville. The city council of Homerville shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the proper officers for whose use they are charged. A clerk of the police court shall be appointed by the recorder and the clerk's duties, fees, and costs shall be fixed by the recorder. The right of certiorari from the decision and judgment of said police court shall exist in all cases; and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard, and determined under the provisions of the laws of the State of Georgia in such cases made and provided. 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 1991 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Homerville, Georgia, so as to provide for regular meetings of the City council; to provide for procedure in and jurisdiction of the Police Court of the City of Homerville; to provide for deposits of City monies; to delete obsolete provisions concerning street tax and road work; to update the provisions and powers concerning condemnation proceedings; to delete obsolete provisions for assessment of charges for street improvements and sewerage improvements upon abutting land owners; to provide for the operation of systems and franchises that would benefit citizens of Homerville; to delete obsolete provisions concerning pest houses; to amend the power of the City council to set the salary of the Clerk; to amend the power of the City council to employ legal counsel; and for other purposes.

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This 18th day of February, 1991. Margaret H. Blitch Representative 150th District House of Representatives, State of Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Margaret H. Blitch, who, on oath, deposes and says that she is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County, on the following date: February 20, 1991. /s/ Margaret H. Blitch Representative, 150th District Sworn to and subscribed before me, this 8th day of March, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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NEWNAN-COWETA COUNTY AIRPORT AUTHORITYMEMBERS. No. 202 (House Bill No. 1051). AN ACT To amend an Act creating and establishing the Newnan-Coweta County Airport Authority, approved February 22, 1965 (Ga. L. 1965, p. 2041), so as to change the composition of the membership of such 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 creating and establishing the Newnan-Coweta County Airport Authority, approved February 22, 1965 (Ga. L. 1965, p. 2041), is amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. MembershipThe Newnan-Coweta County Airport Authority shall be composed of five members who shall be appointed by the Board of Commissioners of Coweta County for terms of four years. Each member of the authority serving on the effective date of this section shall complete his full term, and his successor shall be appointed as provided in this section. 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 1991 session of the General Assembly of Georgia a bill to amend an act approved February 22, 1965. (Ga. L. 1965, p. 2041), establishing

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the Newnan Coweta County Airport Authority, and for other purposes. Honorable Leonard R. Nookie 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 Newnan Times-Herald which is the official organ of Coweta County, on the following date: March 7, 1991. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 8th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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BARTOW COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 203 (House Bill No. 1055). AN ACT To provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Notwithstanding the provisions of a local amendment to the Constitution providing for the Board of Education of Bartow County and the county school superintendent, such amendment being set forth in Ga. L. 1953, Nov.-Dec. Sess., p. 540, as amended by Ga. L. 1958, p. 495, the county school superintendent of Bartow County shall be selected as provided in subsection (b) of this section. (b) Upon the expiration of the term of office of the county school superintendent of Bartow County holding office when this section becomes of full force and effect, as provided in Section 2 of this Act, the Board of Education of Bartow County shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. Successors to such appointee shall be chosen in like manner. The first superintendent appointed by the board shall be appointed at the first meeting of the board held after expiration of the term of office of the superintendent holding office when this section becomes of full force and effect. In the event the office of school superintendent becomes vacant by reason of death, resignation, or otherwise, prior to the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect, such vacancy shall be filled by the board appointing a school superintendent, to serve at the board's pleasure, at the first meeting of the board held after said office becomes vacant. Any county school superintendent appointed by the board shall be subject to all provisions

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of law relative to county school superintendents, except as otherwise provided in this Act. 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 Bartow County shall call and conduct an election for the purpose of submitting this Act to the electors of the Bartow County school district for approval or rejection. The election shall be conducted not later than December 31, 1991. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the appointment of the county school superintendent of Bartow County by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. Additionally, if the election is not conducted on or before December 31, 1991, this Act shall be automatically repealed on January 1, 1992. The expense of such election shall be borne by Bartow 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 1991 session of the General Assembly of Georgia a bill to provide

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that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 1st day of March, 1991. (s) Boyd Pettit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County, on the following date: March 7, 1991. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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BARTOW COUNTYBOARD OF EDUCATION; CHAIRMAN; ANNUAL ELECTION. No. 204 (House Bill No. 1056). AN ACT To provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Upon the expiration of the term of office of the chairman of the Board of Education of Bartow County holding office when this section becomes effective, the board of education shall select in an annual election by a majority vote of its members a chairman who shall serve as such for a term of one year as provided by board policy. 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 1991 session of the General Assembly of Georgia a bill to provide that the Board of Education of Bartow County shall select a chairman from among its members who shall serve as chairman for the term of one year; and for other purposes. This 1st day of March, 1991. (s) Boyd Pettit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District,

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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: March 7, 1991. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. PEACH COUNTY HOSPITAL AUTHORITYCERTAIN MEMBERS; VACANCIES. No. 205 (House Bill No. 1058). AN ACT To provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority; to provide for statutory authority; 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 of subsection (c) of Code Section 31-7-72 of the O.C.G.A., relating to filling vacancies on boards of hospital authorities in existence prior to March 15, 1964.

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Section 2 . On and after the date this Act becomes effective, any vacancy in those two membership positions on the Peach County Hospital Authority which were filled for a term beginning November 1, 1990, by Larry Collins and Ray Hollifield shall be filled, whether the vacancy occurs because of expiration of term or any other reason, as follows: (1) The governing authority of Peach County shall submit to the board of the Peach County Hospital Authority a list of three eligible persons for each such membership position. When the membership position will become vacant because of expiration of term, such submission shall be made at least 45 days prior to such expiration. When the membership position has become vacant for any other reason, such submission shall be made at least 30 days after the vacancy occurs; (2) The board at its next regular meeting shall either select one of the persons named in such list or decline to select any of the persons named on the list. If the board declines to select any of the persons named on the list, it shall so notify the county governing authority; (3) Upon receipt of the notification that the board has declined to select any of the persons named in the county governing authority's list, the county governing authority shall submit to the board of the hospital authority a second list of three eligible persons for the vacant membership position, no one of whom was named on the first list; (4) The board at its next regular meeting after receipt of the second list shall either select one of the persons named in the second list or decline to select any of the persons named in the second list. If the board declines to select any of such persons, it shall notify the county governing authority and the presiding judge of the Civil Division of the Superior Court of Peach County; and (5) Upon receipt of the notification that the board has declined to select any of the persons named in the second list, the presiding judge of the Civil Division of the Superior Court of Peach County shall select one of the six names previously submitted to the board unless, for good cause, that

Page 4484

judge makes another selection of a person eligible for membership on the board. Section 3 . A person appointed pursuant to Section 2 of this Act to fill a vacancy resulting from expiration of term shall take office immediately following the expiration of term and shall serve for a term of office of the same length as the terms of the members of the board who are not appointed pursuant to this Act and until such person's successor is appointed and qualified. A person appointed pursuant to Section 2 of this Act to fill an unexpired term shall be appointed to fill out such unexpired term and until that person's successor is appointed 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 1991 session of the General Assembly of Georgia a bill to provide for filling vacancies on the board of the Peach County Hospital Authority; and for other purposes. This 22 day of February, 1991. Honorable Robert Ray Representative, 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: March 6, 1991. /s/ Robert Ray Representative, 98th District

Page 4485

Sworn to and subscribed before me, this 6th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. TAYLOR COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 206 (House Bill No. 1059). AN ACT To amend an Act establishing a board of commissioners of Taylor County, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 3926), so as to change the compensation of the chairman and the members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a board of commissioners of Taylor County, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 3926), is amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. The chairman of the board of commissioners of Taylor County shall receive as compensation for his services an annual salary of $4,200.00 to be paid in equal monthly installments from the funds of Taylor County. Each member of

Page 4486

the board of commissioners other than the chairman shall receive as compensation for their services an annual salary of $3,600.00 to be paid in equal monthly installments from the funds of Taylor County. The salaries of the chairman and the members of the board of commissioners provided in this section shall include all expenses incurred in connection with the administration of county business within the county. Section 2 . This Act shall become effective July 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 there will be a bill introduced in the regular session of the 1991 Georgia General Assembly to amend an act establishing a Board of Commissioners of Taylor County, approved Dec. 15, 1897 (Ga. L. 1897, p. 401), as amended particularly by an act approved April 19, 1973 (Ga. L. 1973, p. 3926) so as to change the compensation of the chairman and other members of the board. This 4th day of March, 1991. STATE REPRESENTATIVE WARD EDWARDS House District 112 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following date: March 7, 1991. /s/ Ward Edwards Representative, 112th District

Page 4487

Sworn to and subscribed before me, this 11th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. FULTON COUNTYDEVELOPMENT NEAR LAKE IN RESIDENTIAL AREA; ENGINEER'S APPROVAL; CIVIL LIABILITY. No. 207 (House Bill No. 1065). AN ACT To provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area; to provide for civil liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) In addition to all other requirements imposed by law, in Fulton County all residential property developers and builders shall obtain, prior to commencing any activity relating to developing or building within 500 feet of any lake located within a residential area, preclearance in the form of a certificate of approval from a registered engineer affirming that such engineer has visited the site and viewed the property and that to the best of such engineer's knowledge, information, and belief the project proposed by the developer or builder poses no foreseeable adverse biological or ecological risk to the lake and will not

Page 4488

adversely affect the value and enjoyment of residential property owners adjacent to said lake. (b) Any builder or developer who fails to obtain the certificate of approval required by this section shall be civilly liable for all damages to any residential lake or to adjacent property owners resulting from construction or development within 500 feet of such lake. 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 1991 session of the General Assembly of Georgia a bill to provide that in Fulton County all residential property developers and builders shall be required to obtain, prior to developing within 500 feet of any residential lake, a certificate of approval from a registered engineer; and for other purposes. This 7th day of march, 1991. Honorable Arthur Langford, Jr. Senator, 35th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. E. McKinney, who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: March 8, 1991. /s/ J. E. McKinney Representative, 35th District

Page 4489

Sworn to and subscribed before me, this 11th day of March, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CHATHAM COUNTYSTATE COURT; CLERK; TERM; REMOVAL; INTERIM CLERK. No. 208 (Senate Bill No. 27). AN ACT To amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court, approved March 12, 1984 (Ga. L. 1984, p. 3862), so as to provide for a term of office for said clerk; to provide for the removal of the clerk during a term of office and for the appointment of an interim clerk; 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 for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court, approved March 12, 1984 (Ga. L. 1984, p. 3862), is amended by adding a new Section 1A to read as follows:

Page 4490

Section 1A. (a) The clerk of the State Court of Chatham County appointed as provided in Section 1 of this Act shall be appointed for a term of four years and shall be commissioned by the Governor. The first such four-year term shall begin on January 1, 1992, and the appointment for such term shall be made by not later than December 1, 1991. (b) A clerk may be removed from office for cause during a term of office by a unanimous vote of all of the judges specified in Section 1 of this Act who are then serving in Chatham County. If a clerk is removed from office during a term of office, the judges specified in Section 1 of this Act may appoint an interim clerk to serve until the end of the year during which the removal from office occurs and may thereafter make a regular appointment to a new four-year term beginning on January 1 of the year immediately following the year during which the removal from office occurred. (c) The clerk of the State Court of Chatham County shall also serve as court administrator of the state court and shall appoint and manage such deputies or assistants as may be necessary to fulfill the responsibilities of the office of clerk and court administrator of the State Court of Chatham County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Affidavit of Publication X Savannah Morning News Savannah Evening Press STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Van Wilkerson, to me known, who being sworn, deposes and says: That he is the Classified Adv. Mgr. of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation;

Page 4491

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., 1920, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced during the 1991 Session of the Georgia General Assembly a bill affecting the Office of the Clerk of State Court of Chatham County. This 17th day of December, 1990 Roy Allen State Representative and Senator-Elect District 127 Dec. 20 N appeared in each of said editions. Office /s/Van Wilkerson (Deponent) Sworn to and subscribed before me this 21 day of December, 1990. /s/Lillie Dale Lang Notary Public, Chatham County, Georgia LILLIE DALE LANG Notary Public, Chatham County, GA. My Commission Expires April 18, 1993 Form 121 rev. Approved April 4, 1991.

Page 4492

COBB COUNTYBOARD OF COMMISSIONERS; INDEPENDENT CONSULTANTS AND STUDIES; PUBLIC HEARING; NOTICE. No. 209 (Senate Bill No. 77). AN ACT To amend an Act creating the board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to require a public hearing before the commission is authorized to spend over $100,000.00 to employ an independent consultant or conduct an independent study; to provide for notice of hearing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by adding a new section immediately following Section 11, to be designated Section 11A, to read as follows: Section 11A. Before the commission expends county funds of $100,000.00 or more to employ an independent consultant or consulting firm or to conduct an independent study or survey, it shall hold a public hearing thereon. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the county. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 4493

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill or bill to amend an Act creating the Board of Commissioners of Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 2nd day of December, 1990 /s/Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 7, 1990. /s/ Steve Thompson Senator, 33rd District

Page 4494

Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. HANCOCK COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 210 (Senate Bill No. 63). AN ACT To amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, so as to change the provisions relating to the compensation of the chief magistrate; to provide for cost-of-living increases in compensation; to provide for longevity increases in compensation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, 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:

Page 4495

(a) (1) The chief magistrate shall receive an annual salary of $22,000.00 to be paid in equal monthly installments from the funds of Hancock County. (2) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the salary fixed in paragraph (1) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary in paragraph (1) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the salary in paragraph (1) of this subsection as authorized by this paragraph shall become effective on the date that the cost-of-living increases received by state employees become effective. (3) The salary provided for in paragraph (1) of this subsection increased by any cost-of-living increases provided for in paragraph (2) of this subsection shall be increased by 5 percent for each four-year term of office served by any chief magistrate, figured at the end of any such period of service. 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended; and for other purposes.

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This 18 day of December, 1990. /s/Honorable Culver Kidd Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following date: January 10, 1991. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 17th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF MILLEDGEVILLEMAYOR AND ALDERMEN; COMPENSATION. No. 211 (Senate Bill No. 64). AN ACT To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the compensation of the mayor and

Page 4497

aldermen of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by striking subsection (a) of Section 18 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The mayor and aldermen shall receive the following salaries for their services on the governing authority of the City of Milledgeville: (1) Mayor - $525.00 per month; (2) Mayor pro tempore - $500.00 per month; (3) Alderman - $400.00 per month. Section 2 . All laws and parts of laws in conflict with this Act are repealed. 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: Local Legislation was inserted in space of legal advertisement as follows: Dec 21 28, 1990 /s/ Roger W. Coover, Publisher Subscribed and sworn before me this 31st day of December, 1990.

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/s/ Nancy D. Veal Notary Public. My commission expires: 8-5-94 NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345) as amended; and for other purposes. This 5th day of December, 1990. Honorable Culver Kidd Senator, 25th District Approved April 4, 1991. CITY OF AUSTELLMAYOR AND COUNCIL; INTELIGIBILITY FOR CERTAIN OFFICES; CITY MANAGER; ADMINISTRATIVE SUPERVISOR; CREATION; MAYOR; POWERS AND DUTIES; VETO. No. 212 (Senate Bill No. 76). AN ACT To amend an Act providing a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all provisions relating to the position of city manager; to create the position of administrative supervisor and provide for matters relative to such office; to change the powers and

Page 4499

duties of the mayor; to change certain provisions relating to the mayor's veto; 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 Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, is amended by striking in its entirety Section 2.10 and inserting in lieu thereof a new Section 2.10 to read as follows: Section 2.10. City Council. 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 six council members. The council members shall be elected in a manner provided by Article V of this charter. Section 2 . Said Act is further amended by striking in its entirety Section 2.12 and inserting in lieu thereof a new Section 2.12 to read as follows: Section 2.12. Mayor and city council vacancy; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the declaration of such vacancy by the city council or upon the occurrence of the next regular or special city council meeting, whether or not such declaration is made following the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or council member shall be filled as provided for in Article V of this charter. Section 3 . Said Act is further amended by striking in its entirety Section 2.13 and inserting in lieu thereof a new Section 2.13 to read as follows: Section 2.13. Mayor and city council compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and council members shall continue to receive the same compensation to which they are entitled immediately prior to the effective date of this Act.

Page 4500

(b) The compensation of the mayor and council members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 4 . Said Act is further amended by striking in its entirety subsection (e) of Section 2.15 and inserting in lieu thereof a new subsection (e) to read as follows: (e) Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. This provision shall not disqualify the mayor or council members from assuming the duties and authority of a nonelective position temporarily while the position is vacant due to resignation, death, dismissal, or similar circumstances. This provision shall also not disqualify the mayor or council members from rendering compensated assistance to the city, on a part-time basis, in positions neither elected nor appointed by the city council or mayor, provided that such part-time assistance shall first be made available to any other interested parties and that any such council member or the mayor shall not receive preferential treatment or payment for such part-time services. Section 5 . Said Act is further amended by striking in their entirety Sections 2.27 and 2.28 and inserting in lieu thereof a new Section 2.27 to read as follows: Section 2.27. Administrative supervisor; appointment; qualifications; compensation. The administrative supervisor position shall be a department head position and all personnel policies applicable to department heads will apply to the administrative supervisor. The administrative supervisor shall be a full-time administrative position of the city and shall be responsible to the mayor. The administrative supervisor shall assist the mayor in administrative duties in the areas of personnel; city council information; zoning administration; publication

Page 4501

of all notices, ordinances, and other documents required to be published; acquisition of supplies, materials, and equipment; and other areas in which the mayor may need assistance. The administrative supervisor shall also direct the affairs of the Public Works Department under the supervision of the mayor, pursuant to subsection (d) of Section 3.10 of this charter, and have the following duties: (1) To supervise the construction and maintenance of all streets, sidewalks, street gutters, drains, alleys, and other public ways in this city; (2) To supervise the collection and disposal of garbage and refuse; (3) To supervise the construction, maintenance, and use of all water pipes, mains, meters, plants, or other such equipment owned by the city or taps onto that system; (4) To supervise the construction and maintenance of all sewerage pipes, mains, and plants owned by the city or taps onto that system; and (5) To supervise the maintenance of all city vehicles and equipment and the maintenance barn of the city. The administrative supervisor position shall not, however, involve discretionary or decision-making authority beyond that of a department head unless specifically authorized by the mayor and approved by the city council. Section 6 . Said Act is further amended by striking in its entirety Section 2.32 and inserting in lieu thereof a new Section 2.32 to read as follows: Section 2.32. Election of mayor; forfeiture; compensation. The mayor shall be elected as provided in Article V of this charter and serve for a term of two years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately prior to his or her official qualification as a candidate for such office; and the mayor shall continue to reside in this city during the period of his or her service as mayor. The

Page 4502

mayor shall forfeit office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be as provided in Section 2.13 of this charter. Section 7 . Said Act is further amended by striking in its entirety Section 2.34 and inserting in lieu thereof a new Section 2.34 to read as follows: Section 2.34. Powers and duties of the mayor. The mayor shall be the chief administrative officer of the city and shall be responsible for the administration of all city affairs placed in his or her charge by or under this charter. The mayor shall have the following powers and duties: (1) To preside at all meetings of the city council and to have the right to take part in the deliberations of the council, but shall not have the right to vote on any questions except in the case of a tie; (2) To be the official head and spokesperson for the city for service of process and ceremonial purposes; (3) To sign as a matter of course all written contracts, ordinances, deeds, and other instruments executed by the city which by law are required to be in writing; (4) To cosign, along with the director of finance, all checks for the payment of money. Alternate signatories may be designated by city ordinance; (5) To have the veto power as set out in Section 2.35 of this charter; (6) To keep the council advised from time to time of the general condition of the city and to recommend such measures as he or she may deem necessary or expedient for the welfare of the city; (7) To call special meetings of the city council as provided in this charter; (8) To appoint at the first meeting each year, or as soon thereafter as expedient, members of the following

Page 4503

standing committees: Police, Fire, Streets and Sanitation, Water and Sewerage, Parks and Recreation, General Administration, Community Development, Gas Systems Liaison, and such other committees as the mayor and council may deem necessary; (9) To pardon or parole any offender against the ordinances of the City of Austell; (10) To see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to his or her direction and supervision, are faithfully executed; (11) To prepare and submit the annual budget to the city council; (12) To submit to the city council and make available to the public a complete report on the finances of the city as of the end of each fiscal year and a complete report on administrative activities of the city as of the end of each calendar year; (13) To make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (14) To 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 or she deems desirable; (15) To perform all other duties as are specified in this charter or may be required by the city council; (16) To make purchases of supplies, material, and equipment for the city and see that they are received as contracted and be authorized to make budgeted purchases up to a dollar amount set by the council from time to time without first obtaining specific council approval of the item, provided that all other provisions of this charter and the ordinances of the city are complied with, including bid

Page 4504

requirements if applicable. All purchases in excess of such amount shall be made only upon prior approval of the council. All purchases shall be made upon written requisition of the mayor or, as his designee, the director of the department for which the article shall be used and a copy of such requisition shall be filed with the director of finance as soon as possible after the purchase; (17) To conduct all sales which the city council may authorize of personal property of the city which has become unnecessary or unfit for the city to use and surplused by the city council; (18) To keep a current inventory showing all real and personal property of the city and its location; (19) To see to the publication of all notices, ordinances, or other documents required by law to be published; (20) To maintain all city maps, updating same on a regular basis to reflect appropriate changes thereon; (21) To be responsible for the supervision of the performance of all contracts made for work done for the city; (22) To authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (23) To hire, appoint, and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by general state law, this charter, or personnel ordinances adopted pursuant to this charter, and shall report any hiring, appointing, suspending, or discharging as soon as possible to the city council and its committees, provided that he or she shall not suspend or remove a department head unless first authorized to do so by the city council; (24) To direct and supervise the administration of all departments, offices, and agencies of the city, except as

Page 4505

otherwise provided by this charter or by general state law; and (25) To perform other executive and administrative duties as may be required by general state law, by this charter, or by ordinance. Section 8 . Said Act is further amended by striking in its entirety Section 2.35 and inserting in lieu thereof a new Section 2.35 to read as follows: Section 2.35. Veto power. Every ordinance, resolution, and motion passed and every election or appointment of a city administrative officer or department head by the city council shall be subject to the veto of the mayor in the following manner: (1) If such matter is vetoed by the mayor, such veto must be submitted in writing to the city clerk within ten days of passage. If such matter is approved by the mayor, it shall become effective upon its approval; if the item is neither approved nor disapproved, it shall become effective at 12:00 Noon on the tenth calendar day after its adoption; or if the item is disapproved, the mayor shall submit to the city council through the clerk, at the time of said veto, a written statement of the reason for the veto. If the item is vetoed, the clerk shall record upon the item the date of its veto by the mayor; (2) Any item vetoed by the mayor may be brought before the next regular council meeting and no other, by any council member, whether or not on the agenda, for a motion to override the mayor's veto. If the vote to override the veto passes by an affirmative vote of at least four council members, the item shall be adopted and not subject to veto; and (3) 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

Page 4506

reduced part or parts shall become law unless overridden by the council as in paragraph (2) of this section. Section 9 . Said Act is further amended by striking in their entirety subsections (d) and (e) of Section 3.10 and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) There shall be a director of each department or agency of the city who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and except as otherwise provided in this charter or by ordinance, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council or, in the absence of a nomination or any acceptable nomination by the mayor, such director or directors shall be appointed by the city council. 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 1991 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended; and for other purposes. This 2nd day of December, 1990. /s/Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS
Page 4507

GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 7, 1990. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4508

CITY OF AUSTELLHOMESTEAD EXEMPTION; COMPLETE EXEMPTION; APPLICABILITY; EXCEPTIONS; PROCEDURES; CONDITIONS; REFERENDUM. No. 213 (Senate Bill No. 80). AN ACT To increase the amount of the homestead exemption from City of Austell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Austell actually occupied by the owner as a residence and homestead; to provide a complete exemption for residents over 65 years of age making less than $10,000.00 annually; 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 repeal certain Acts continuing certain local constitutional amendments; 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 the City of Austell 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 City of Austell 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 be in the amount of $2,000.00 beginning January 1, 1992. (b) The homestead of each property owner in the City of Austell who is 65 years of age or older, which homestead is actually occupied by the owner primarily as such, is exempted from City of

Page 4509

Austell ad valorem taxes, provided that said owner's net income, from all sources, together with the net income of said owner's spouse who also occupies and resides at such residence, does not exceed $10,000.00 annually. Net income shall mean the adopted gross income declared on said resident's federal income tax return, except as noted herein. 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 to the extent said income exceeds the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act in which event said excess shall be included in net income for the purposes of this Act. Such exemption shall not apply to taxes levied to pay interest on and to retire bonded indebtedness of the city, subject to the limits and conditions contained in this section and elsewhere in this Act. (c) The exemption granted by subsection (a) of this section shall be in lieu of and not in addition to any exemption from City of Austell 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. (d) The exemption granted by subsections (a) and (b) of this section shall not apply to or affect any taxes levied to pay interest on or retire bonded indebtedness, state taxes, or municipal taxes. (e) 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, 1992, has applied for and is eligible for the exemptions from municipal 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 exemptions granted by Section 2 of this Act shall be made in the same manner as the application for said

Page 4510

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 6 of this Act. Section 5 . If, and only if, this Act is approved by a majority of votes cast in the referendum provided for in Section 6 of this Act, the following shall stand repealed on January 1, 1992: (1) An Act to continue in force and effect as part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell, approved March 20, 1986 (Ga. L. 1986, p. 4384); and (2) an Act to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption for certain persons aged 65 or over approved March 20, 1986 (Ga. L. 1986, p. 4391). If this Act is not so approved by referendum, then such Act shall remain in full force and effect. Section 6 . 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 City of Austell shall call and conduct an election for the purpose of submitting this Act to the electors of City of Austell for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the amount of the homestead exemption from City of Austell ad valorem taxes and which provides a complete exemption for taxpayers 65 years of age or older who have an annual net income less than $10,000.00?

Page 4511

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 City of Austell. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to increase the homestead exemption from City of Austell ad valorem taxes to $2,000.00 and to exempt the homestead exemption of property owners age 65 and over to $10,000.00 and for other purposes. This 10th day of January, 1991 Honorable Steve Thompson Senator, 33rd District 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 Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 12, 1991. /s/ Steve Thompson Senator, 33rd District

Page 4512

Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. COBB COUNTYBOARD OF COMMISSIONERS; NEW LANDFILL; LOCAL SOLID WASTE DISPOSAL PLAN. No. 214 (Senate Bill No. 83). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2073), as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2073), as amended, is amended by adding immediately following Section 11 a new Section 11A to read as follows: Section 11A. As of the effective date of this section, the board of commissioners shall not take any action to select a site for or to approve the operation of any additional municipal solid waste landfills until the board enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the

Page 4513

county in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the Official Code of Georgia Annotated. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia, a bill or bill to amend an Act creating the Board of Commissioners of Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 2nd day of December, 1990. /s/Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVE FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce

Page 4514

Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 7, 1990. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. SPALDING COUNTYHOMESTEAD EXEMPTION; ANNUAL PROOF OF ELIGIBILITY. No. 215 (Senate Bill No. 207). AN ACT To amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4855), so as to provide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis; 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 which provides a homestead exemption for each resident of Spalding County who is totally disabled or

Page 4515

62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4855), is amended by striking subsections (b) and (d) of Section 1 of said Act in their entirety and inserting new subsections (b) and (d) to read as follows: (b) For purposes of this Act, the income of a person shall include the gross income from all sources of the person plus the gross income from all sources of each member of the person's family who resides in the homestead. The tax officials of Spalding County may require appropriate proof of such person's income or of the income of each member of the person's family who resides in the homestead on a yearly basis to substantiate such person's continuing eligibility for the exemption provided by this Act. (d) 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 Spalding County shall require appropriate proof of such disability on a yearly basis to substantiate such person's continuing eligibility for the exemption, including if necessary the affidavits of not more than two licensed physicians as to the person's disability. 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 OF INTRODUCE LOCAL LEGISLATION Notice is given that regular that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act which provides for a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and whose earns less than $12,500.00 per year in income, approved March 26, 1986 (Ga. L. 1986, P. 4855); and for other purposes.

Page 4516

This 21 day of January, 1991. Honorable Arthur B. Edge, IV Senator, 28th District January 25, 1991 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 25, 1991. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4517

COBB COUNTY COMMISSION ON CHILDREN AND YOUTHQUALIFICATION AS TAX EXEMPT; DATE OF ABOLISHMENT. No. 216 (Senate Bill No. 214). AN ACT To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4311), so as to make additional provisions to allow said Commission to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4311), is amended by striking Section 5 and inserting in its place a new section to read as follows: Section 5. The Commission shall stand abolished on July 1, 1994. Section 2 . Said Act is further amended by adding the following new sections: Section 8. The Commission shall be a corporate body specially created by this Act of the General Assembly. The Commission shall not exercise any governmental powers. The purposes for which the Commission is organized are exclusively charitable and educational within the meaning of Section 501(c)(3) of the Internal Revenue Code or the corresponding provisions of any future Internal Revenue Code and are, as stated in Sections 2 and 3 of this Act, to conduct and carry on other such activities as are compatible with the principal purpose and goal of the Commission to conduct all said business as principal, agent, or otherwise as permitted by Georgia law.

Page 4518

Section 9. No part of the net earnings, revenues, or other funds of the Commission shall inure to the benefit of or be distributable to the Commission's members or other private persons with the exception that the Commission shall be authorized and empowered to pay such reasonable compensation for services rendered to it by its coordinator and other private persons in furtherance of the purposes of the Commission, as authorized by the Board of Directors. Section 10. No substantial part of the activities of the Commission shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Commission shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of or in opposition to any candidate for public office. Section 11. Notwithstanding any other provisions of this Act, the Commission shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or any corresponding section of any future Internal Revenue Code or by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code or any corresponding section of any future Internal Revenue Code. Section 12. In the event of dissolution, the residual assets of the Commission shall be turned over to one or more organizations which themselves are exempt as organizations described in Sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code or corresponding sections of any future Internal Revenue Code or to the federal, state, or local government for exclusively public purposes. Section 13. The Commission is organized pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, as now or hereafter amended, and shall have and enjoy all the rights and privileges herein set out, and such other additional powers and privileges as may be necessary, proper, or incidental to the pursuit of the purposes for which the Commission was created.

Page 4519

Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is givent that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (1988 Ga. Laws 3569, as amended by 1989 Ga. Laws 4311), so as to make additional provisions to allow said Commission to qualify for tax exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished; to repeal conflicting laws; and for other purposes. Honoranble Steve Thompson Senator 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 Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 1, 1991. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 1st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4520

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITYEMPLOYEES' PENSION PLAN; EMPLOYER CONTRIBUTIONS. No. 217 (Senate Bill No. 221). 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.), and as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan, approved March 22, 1989 (Ga. L. 1989, p. 4202, Et Seq.), and as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Benefits; Custodian, approved March 13, 1990 (Ga. L. 1990, p. 3724, Et Seq.), is amended so as to change certain provisions relating to employer contributions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4521

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.), and as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan, approved March 22, 1989 (Ga. L. 1989, p. 4202, Et Seq.), and as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Benefits; Custodian, approved March 13, 1990 (Ga. L. 1990, p. 3724, Et Seq.), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Contributions. (a) Employee contributions. Each member of the pension plan herein created shall make contributions to the pension fund of such plan as follows: 1. Four and 61/100 percent (4.61%) of the total salary, wage or compensation received from the Authority during the calendar year, or fraction thereof, from the effective date of this Act until termination of employment.

Page 4522

2. The amount of the required contributions to be paid by each member of the plan shall be deducted and withheld by the proper authority of the board from the salary, wage or compensation to be paid to such member. All eligible employees or officers employed or taking office after the effective date of this Act, and any employee or officer actively engaged in the service of the board upon the effective date of this Act are conclusively held to have consented to such deduction, the plan provided herein being compulsory as to eligible officers and employees. (b) Employer contributions. The board of water commissioners shall contribute to the pension fund from its general funds such annual amounts as are necessary to equal employee contributions, less an amount equal to the total payments made to withdrawing members during a plan year under Section 6(a)(7); and may contribute from its general funds such amounts as to maintain at all times the fund and plan on a sound financial basis, but shall contribute from its general funds such amount as may be necessary to augment the fund at any time to meet benefits payable therefrom. The sums necessary to discharge the administration of this Plan and the sums provided for in the paragraph immediately above shall be paid from the general funds of the board and shall be treated as a maintenance expense. The board or its successors is authorized, in its discretion, to consult and employ, at its expense, from its general funds, from time to time, actuaries to compute such periodic payments as may be necessary in order to maintain and assure the continuing solvency of said pension and retirement plan. 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 4523

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 1991 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled Macon Water Commissioners - Pension Plan, approved December 30, 1953 (Ga. L. 1953, page 2831, et seq.) as amended by an Act entitled City of Macon - Board 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 Macon - Board 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 Macon entitled City of Macon - Charter Amended - Water 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 and Sewerage Authority Employees' Pension Plan - Amended, 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 Plan - Amended, 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 - 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.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority - Employees Pension Plan; Benefits; Custodian, approved March 13, 1990 (Ga. L. 1990, page 3724, et. seq.) so as to amend Section 4 of said Act to change the method of making employer contributions to the fund; to provide an effective date; to repeal conflicting laws; and for other purposes the qualifications of the custodian of the pension fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4524

This 20th day of December, 1990. s/W. WARREN PLOWDEN, JR. Attorney for Macon-Bibb County Water Sewerage Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy C. Olmstead, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following date: January 5, 1991. /s/ Tommy C. Olmstead Senator, 26th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. JASPER COUNTY ECONOMIC DEVELOPMENT AUTHORITYCREATION. No. 218 (Senate Bill No. 223). AN ACT To create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper

Page 4525

County Economic Development Authority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements; to provide for the tax exemption of its properties, income, and obligations; to provide that the offer, sale, or issuance of obligations of the authority shall not be subject to regulation under the Georgia Securities Act of 1973; 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 may be referred to as the Jasper County Economic Development Authority Act. Section 2 . Legislative purpose. The purpose of this Act is to provide for the economic development of Jasper County; to develop and promote for the public good and general welfare infrastructure, trade, commerce, business, industry, research, training support services, eleemosynary institutions, and employment opportunities; and to promote the general welfare of this state by creating a climate favorable to the location of new industry, trade, business, commerce, research, training support services, and eleemosynary institutions and the development of existing industry, trade, business, commerce, research, training support services, and eleemosynary institutions within Jasper County. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Jasper County Economic Development Authority. (2) (A) Cost of the project or cost of any project means and includes: (i) 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;

Page 4526

(ii) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (iii) All interest and other financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (iv) 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; (v) All expenses for inspection for any project; (vi) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; (vii) All fees of any type charged by the authority in connection with any project;

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(viii) All expenses of or incidental to determining the feasibility or practicability of any project; (ix) All costs of plans and specifications for any project; (x) All costs of title insurance and examinations of title with respect to any project; (xi) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon, and any other expenses of such loans; (xii) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (xiii) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. (B) Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (3) 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 Jasper County; and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any

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nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in Jasper County. A project may be for any industrial, commercial, business, office, parking, distribution, retail, eleemosynary, research, training, testing, service, agribusiness, communications, professional, transportation, or other similar use or a public infrastructure use directly supporting the development of trade, commerce, and industry, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this Act. (4) Revenue bonds or bonds means any bonds of the authority 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 authority. Section 4 . Creation of authority. (a) There is created the Jasper County Economic Development Authority which shall be a body corporate and politic and is declared to be a public corporation created for the economic development of Jasper County and for the improving of the general welfare of the people of Jasper County and the State of Georgia. The authority shall have a board of directors which shall consist of seven directors to be appointed as follows: three directors shall be appointed by the Board of Commissioners of Jasper County; three directors shall be appointed by the Monticello City Council; and one director shall be elected by the vote of the directors appointed by the Board of Commissioners of Jasper County and the Monticello City Council. At the time of appointment of the first board of directors, the Board of Commissioners of Jasper County and the Monticello City Council shall each appoint one director for a term of six years, one director for a term of four years, and one director for a term of two years. The seventh director shall be elected to an initial term of six years. Thereafter, the terms of all directors shall be six years. If at the end of any term of office of any director a successor thereto has not been elected, the director whose term of office has expired shall continue to hold office until his successor is so elected. A majority of the directors shall constitute a quorum, but no action may be

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taken by the board without the affirmative vote of a majority of the full membership of the board. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer as a secretary-treasurer, either of whom may but need not be a director. The authority shall have perpetual existence. (b) (1) (A) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 of the O.C.G.A. and subparagraph (A) of this paragraph 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 director or any organization or person with which any director of the authority is in any way interested or involved, provided that: (i) Any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority; (ii) No director 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 (iii) No director 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 subparagraph, 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 director as determined by the authority, which determination shall be final and not subject to review.

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(2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any director who is present at any meeting or who participates in 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 5 . Powers of authority generally; approval of county commission required for projects within the unincorporated limits of Jasper County. (a) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects, as well as contracts with the City of Monticello and the County of Jasper for the provision of economic development services; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships

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(whether limited or general), or other entities, all of which the authority is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation or county or other political subdivision of this state for the use by the authority of any facilities or services of the state or any such state institution, municipal corporation, or county, or for the use by any state institution or any municipal corporation or county of any

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facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are authorized by law to undertake; (11) To extend credit or make loans to any person, corporation, partnership (whether limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this Act in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable; (12) The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants,

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or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (13) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including, but not limited to, real property, fixtures, personal property, contracts, rights, and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (14) To receive and use the proceeds of any tax levied by Jasper County or any municipal corporation within Jasper County to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act;

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(15) To make, receive, and administer gifts, gratuities, grants, and devises of money and property of any kind and to administer trusts; (16) To use and operate any real property, personal property, or fixtures or any interest therein and to carry on any commercial activity in connection therewith or to rent or lease such property to or from others or make contracts with respect to the use and operation thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof; (17) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (18) To appoint, select, and employ engineers, surveyors, economic development directors, architects, urban or city planners, fiscal agents, attorneys, and any other employees and agents and to fix their compensation and pay their expenses; (19) To encourage and promote the economic development of Jasper County and to make, contract for, or otherwise cause to be made long-range plans or proposals for the economic development of Jasper County; (20) To make grants and incentives of money, property, or services designed to promote the growth of employment and the tax receipts in Jasper County; (21) To invest its funds, from whatever source derived, in such manner as it may deem appropriate, without further restriction, including without limitation equity investments in corporations or other legal entities including common

Page 4535

stock, preferred stock, convertible debentures, stock options, and warrants; (22) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; provided, however, that the members of the authority shall not be compensated or provided allowances for their services on such authority; (23) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (24) 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 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 6 . Revenue bonds. (a) Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. (b) All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the directors of the authority present at a regular or special meeting. (c) Revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or

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provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority. (f) Bonds and other obligations of the authority shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. (g) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (h) Bonds of the authority shall bear a certificate of validation. The signature of the clerk of the Superior Court of Jasper 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.

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(i) With respect to the validation of bonds, in lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Act shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (j) The terms cost of the project and cost of any project shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. Section 7 . Authorized contents of agreements and instruments of authority generally; use of proceeds; subsequent issues. (a) Subject to the limitations and procedures provided by this Act, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly, as permitted by this Act, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations

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in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 8 . Obligations of authority not public debt of state or political subdivision thereof. No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof, nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of this state or any county, municipal corporation, or political subdivision thereof. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision. Section 9 . Constitutional authority for enactment of Act; tax exemption. This Act is enacted pursuant to authority granted the General Assembly by the Constitution of Georgia. The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this Act that the authority shall not be required to pay any taxes of any kind or assessments imposed by this state or any counties, municipal corporations, political subdivisions, or taxing districts thereof upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it or others or upon its activities in the purchase, use, sale, disposition, operation, or maintenance of any such property or on any income derived by the authority in the form of

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fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. Deeds to secure debt and similar instruments given and recorded to support or to secure the bonds, notes, or obligations of the authority or to support or to secure obligations pledged in support of the bonds, notes, or obligations of the authority shall be exempt from all intangibles, intangibles recording, and other taxation within this state. Section 10 . Construction of Act; applicability of the Georgia Securities Act of 1973. This Act shall be liberally construed to effect the purposes in this Act. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. Section 11 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . 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 1991 regular session of the General Assembly of Georgia a Bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Development Authority; to define the terms used in the Act; to provide for the purposes and power of the Authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of its agreements; to provide for the tax exemption of its properties, income and obligations; to provide that the offer, sale or issuance of obligations of the Authority shall not be subject to regulation under the Georgia Securities Act of 1973; and for other purposes. This 21 day of January, 1991. Harry Aldridge

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: January 24, 1991. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. MILLER COUNTYVEHICLES; DESIGNATED REGISTRATION PERIODS. No. 219 (Senate Bill No. 241). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller 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:

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Section 1 . Effective January 1, 1992, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller 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 1991 session of the General Assembly of Georgia a bill to provide for staggered motor vehicle registration periods in Miller County; and for other purposes. This 18th day of January, 1991. Milton Phillips GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons, who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following date: January 24, 1991. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF HARLEMMAYOR AND COUNCIL; ELECTION DATE; TERMS. No. 220 (Senate Bill No. 252). AN ACT To amend an Act providing a new charter for the City of Harlem, approved March 30, 1971 (Ga. L. 1971, p. 2557), so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Harlem, approved March 30, 1971 (Ga. L. 1971, p. 2557), is amended by striking in its entirety Section 2.03 and inserting in lieu thereof a new Section 2.03 to read as follows: Section 2.03. Election of mayor and councilmen. (a) The mayor and councilmen serving on April 1, 1991, shall serve out their terms and until their successors have been elected and qualified. (b) On the Tuesday next following the first Monday in November, 1991, an election shall be held for mayor and for the two councilmen whose terms of office expire in January, 1992. The candidate for mayor who receives the highest number of votes cast in said election and the two candidates for the office of councilman who receive the highest number of votes cast in said election shall be elected for terms of office of one year each and until their successors are duly elected and qualified. (c) On the Tuesday next following the first Monday in November, 1992, and every two years thereafter, an election shall be held for mayor and for the two councilmen whose terms expire the following January. The candidate for mayor who receives the highest number of votes cast in said election and

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the two candidates for the office of councilman who receive the highest number of votes cast in said election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. (d) On the Tuesday next following the first Monday in November, 1993, an election shall be held for the two councilmen whose terms of office expire on December 31, 1993. Thereafter, on the Tuesday next following the first Monday in November, 1995, and every two years thereafter, an election shall be held for the two councilmen whose terms of office expire the following January. The two candidates for the office of councilman who receive the highest number of votes cast in said election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. Section 2 . Said Act is further amended by striking in its entirety Section 2.04 and inserting 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 in January next succeeding the election and shall continue until their successors are elected and qualified. The terms of office for the two councilmen elected at the general election held in 1990 shall be for three years and until their successors are elected and qualified. The terms of the mayor and two councilmen elected in the election held in November, 1991, shall be for one year and until their successors are duly elected and qualified. Thereafter, the terms of office for mayor and councilmen shall be two years and until their successors are elected and qualified. On the first Monday in January of each year there shall be a ceremony at which the newly elected officials shall take the prescribed oath of office. Section 3 . Said Act is further amended by striking Section 5.01, which reads as follows: Section 5.01. Regular elections. Time for taking and holding office. Be it further enacted that the regular election for Mayor and City Council, or Councilmen, as the case may be, shall be held on the second Monday in December of each year.

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Officials elected at any regular election shall take office on the first Monday in January next following such election., and inserting in lieu thereof a new Section 5.01 to read as follows: Section 5.01. Reserved. Section 4 . This Act is enacted pursuant to the authority provided for in Code Section 21-3-64 of the Official Code of Georgia Annotated. 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 1991 Session of the General Assembly of Georgia, a bill, pursuant to O.C.G.A. Section 21-3-64, to amend an Act establishing a Charter for the City of Harlem (Ga. Laws 1971, p. 2557), amended; to provide for the time of election, taking of office and terms of office of the Mayor and Councilmen, and for other purposes. This 5th day of January 1991. James B. Walt City Attorney City of Harlem, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G.B. Pollard, Jr., who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbia News-Times which is the official organ of Columbia County, on the following date: January 9, 1991. /s/ G.B. Pollard, Jr. Senator, 24th District

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Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CLAYTON COUNTYSUPERIOR COURT; DEPUTY CLERK; COMPENSATION; CIVIL SERVICE BENEFITS. No. 221 (Senate Bill No. 257). 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 28, 1990 (Ga. L. 1990, p. 4623), so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 28, 1990 (Ga. L. 1990, p. 4623), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows: Section 1A. (a) There is created an office in Clayton County to be known as deputy clerk of the superior court, and

Page 4546

the clerk of the Superior Court of Clayton County is authorized to appoint the deputy clerk of the superior court. The deputy clerk of the superior court shall serve at the pleasure of the clerk of the superior court, and he may be removed from office by the clerk of the superior court. The deputy clerk of the superior court shall have the same authority granted to clerks of superior courts by the laws of this state when acting on behalf and at the direction of the clerk of the Superior Court of Clayton County. The qualifications of the deputy clerk of the superior court shall be the same as those prescribed for the clerk of the superior court, and he shall be required to take the same oath of office as the clerk of the superior court after appointment and before assuming the duties of his office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the superior court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (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 $36,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended; and for other purposes.

Page 4547

This 28 day of Jan., 1991. J. Terrell Starr Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th 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 5, 1991. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CLAYTON COUNTYSTATE COURT; DEPUTY CLERK; COMPENSATION; CIVIL SERVICE BENEFITS. No. 222 (Senate Bill No. 258). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as

Page 4548

amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4367), so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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, 1990 (Ga. L. 1990, p. 4367), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows: Section 1A. (a) 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. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the state court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (b) 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 $36,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County.

Page 4549

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 1991 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 28 day of Jan., 1991. J. Terrell Starr Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th 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 5, 1991. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 6th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4550

WHITFIELD COUNTYMAGISTRATE COURT; MAGISTRATE; FULL-TIME; ELECTION. No. 223 (Senate Bill No. 293). AN ACT To amend an Act providing for the Magistrate Court of Whitfield County, approved March 14, 1984 (Ga. L. 1984, p. 4159), so as to change the position of part-time magistrate to full-time magistrate; to provide for the election of the new full-time magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the Magistrate Court of Whitfield County, approved March 14, 1984 (Ga. L. 1984, p. 4159), is amended by striking subsection (c) of Section 2 and inserting in lieu thereof the following: (c) The number of magistrates, not including the chief magistrate, authorized for Whitfield County shall be three full-time magistrates. Section 2 . Said Act is further amended by adding a new subsection (d) to Section 3 to read as follows: (d) Beginning with the general election in 1992, the new full-time magistrate position, which was formerly a part-time position, shall be filled by a partisan election in the general election, in the same manner as county officers are elected, for a four-year term beginning on January 1 next following his or her election and until his or her successor is duly elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act providing for the Magistrate Court of Whitfield County, approved March 14, 1984 (Ga. L. 1984, p. 4159); and for other purposes. This 17th day of January, 1991. Honorable Tom Ramsey Senator, 54th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey, who, on oath, deposes and says that he is Senator from the 54th 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: February 8, 1991. /s/ Tom Ramsey Senator, 54th District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4552

CITY OF EATONTONCORPORATE LIMITS; ZONING RECOMMENDATIONS. No. 224 (Senate Bill No. 321). AN ACT To amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to change the corporate limits of the city; to provide certain recommendations with respect to the property to be annexed into 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 and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, is amended by striking in their entirety Sections 2, 2A, 2B, 2C, and 2D and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of the City of Eatonton shall mean and include the territory described as follows: `All of that property located in Putnam County, Georgia consisting of twelve thousand five hundred sixty six and thirty six one hundreds (12,566.36) acres more or less and being a circle with a radius of two and one half (2.5) miles and with a center point being located in the center of the court house square in the city of Eatonton, Georgia. The center point of the court house square is to be found by drawing a line from each corner of said square to the opposite corner of said square.' Section 2 . (a) The General Assembly recommends that the City of Eatonton amend its zoning ordinance so as to create at least one agricultural zone in which any bona fide agricultural use is permitted. The city should also amend its zoning ordinance to provide that all of the property brought into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia

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General Assembly shall be zoned so as to permit a continuing of the current use of each parcel of property. (b) The General Assembly further recommends that all of the property that is annexed into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia General Assembly shall be, and shall constitute, a special taxing district within the City of Eatonton, Georgia. No ad valorem taxes shall be assessed upon any property within this special taxing district except for those taxes assessed to provide services to that property so taxed. (c) The General Assembly further recommends that any ad valorem taxes assessed within any part of the city shall be assessed in compliance with all appropriate state and federal laws or court decisions applicable to the assessment of taxes. This shall apply to all property, both real and personal, including cattle, other livestock, or any other classification of property. (d) The General Assembly further recommends that the governing authority of the City of Eatonton should not assess any taxes against any livestock within the city so long as this is permitted by general law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended; and for other purposes. This 5th day of January, 1991. s/Culver Kidd Honorable Culver Kidd Senator, 25th District

Page 4554

STATE OF GEORGIA COUNTY OF PUTNAM AFFIDAVIT OF PUBLISHER PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED OFFICER, DULY AUTHORIZED TO ADMINISTER OATHS IN SAID STATE AND COUNTY, Michele Smith, WHO, HAVING BEEN DULY SWORN, DEPOSES AND SAYS ON OATH THAT HE/SHE IS PUBLISHER OF The Eatonton Messenger, THAT, AS SUCH, HE/SHE IS AUTHORIZED TO MAKE THIS AFFIDAVIT, AND THAT THE ATTACHED NOTICE WAS PUBLISHED IN The Eatonton Messenger, LEGAL ORGAN OF PUTNAM COUNTY, GEORGIA AND LOCAL NEWSPAPER OF GENERAL CIRCULATION IN PUTNAM COUNTY, GEORGIA, ON Jan. 10, 17, 24, 1991. THIS 4 DAY OF February, 1991. s/Michele Smith PUBLISHER SWORN TO AND SUBSCRIBED BEFORE ME THIS 4 DAY OF February, 1991. s/Sloan Gregory NOTARY PUBLIC MY COMMISSION EXPIRES: MY COMMISSION EXPIRES JAN. 27, 1992 Approved April 4, 1991.

Page 4555

RABUN COUNTYSCHOOL DISTRICT; SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 255 (Senate Bill No. 329). AN ACT To provide that future school superintendents of the Rabun County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The school superintendent of the Rabun County School District in office on the effective date of this Act shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Rabun County School District shall be appointed by the Board of Education of Rabun County rather than elected and no election for school superintendent of the Rabun County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. Section 2 . The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law and any such contract may provide for any additional method for removal of the school superintendent. 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 Rabun County shall call and conduct an election as provided in this

Page 4556

section for the purpose of submitting this Act to the electors of the Rabun County School District for approval or rejection. The election superintendent shall conduct that election on the first Tuesday of November, 1991, 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 Rabun 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 Rabun 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 Rabun 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 1991 session of the General Assembly of Georgia a bill to provide for the appointment of the school superintendent of Rabun County School District by the board of education; to provide for a referendum; and for other purposes.

Page 4557

This 23rd day of JANUARY, 1991. Board of Education of Rabun County Roger Nicholas School Superintendent of Rabun County School District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: January 31, 1991. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

Page 4558

CITY OF POWDER SPRINGSCORPORATE LIMITS; ORGANIZATIONAL MEETINGS; MANAGER; REMOVAL; MAYOR'S VETO; DEPARTMENT ADMINISTRATION; MUNICIPAL COURT JUDGES; QUALIFICATIONS; OFFENSES; PENALTIES; CLERK; APPOINTMENT. No. 226 (Senate Bill No. 332). AN ACT To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4075), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to change the corporate limits of the city; to change the provisions relating to organizational meetings; to change the provisions relating to the removal of the city manager and severance pay; to change the provisions relating to the veto power of the mayor; to change the provisions relating to the administration of departments by directors; to change the provisions relating to the qualifications of the judges of the municipal court; to change the provisions relating to punishment for municipal offenses; to change the provisions relating to appointment of a city clerk; 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 Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4075), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), is amended by adding to Section 1.11 a new subsection (a.1) to read as follows: (a.1) The corporate limits of the City of Powder Springs shall also include the following described parcels and tracts of land:

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PARCEL 1 ALL THAT TRACT OR PARCEL OF LAND lying and being in the 19th District, 2nd Section, Cobb County, Georgia, described more fully as follows: BEGINNING at an iron stake on the original land lot line of Land Lot 1020 at a proposed 20 foot street and running in a western direction on the original land lot line a distance of 996 feet more or less to the corner of said land lot 1020; thence in a southern direction 266 feet from the original land lot line more or less; thence running in an eastern direction 1,110 feet more or less to the same proposed streets, as at the beginning thence north 285 feet more or less, back to the point of beginning. Said tract of land containing 6.55 acres more or less. The same property being described in that certain plat of survey by J. J. Sanders, Cobb County Surveyor, recorded at Plat Book 4, Page 7, Cobb County, Georgia Records. PARCEL 2 ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 1046 of the 19th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: BEGINNING at a point on the southwesterly side of the right of way of Hiram Lithia Springs Road, which point is located 646.75 feet northwesterly from the intersection of the southwesterly side of the right of way of Hiram Lithia Springs Road and the south line of Land Lot 1046, as measured along the southwesterly side of the right of way of Hiram Lithia Springs Road; running thence south 74 degrees 15 minutes West a distance of 160.57 feet; running thence North 34 degrees 49 minutes East a distance of 207.9 feet to the southwesterly side of the right of way of Hiram Lithia Springs Road; running thence South 15 degrees 45 minutes East along the southwesterly side of the right of way of Hiram Lithia Springs Road a distance of more or less 131.67 feet to the POINT OF BEGINNING.

Page 4560

PARCEL 3 ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 1046 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the southwest corner of the intersection formed by Brownsville Road and Hiram Lithia Springs Road; running thence south along the west side of Hiram-Lithia Springs Road South 13 degrees 00 minutes East a distance of 150.0 feet to an iron pin; thence running South 35 degrees 15 minutes West a distance of 200.0 feet to an iron pin; thence running North 13 degrees 00 minutes West a distance of 150.0 feet to an iron pin and the south side of Brownsville Road right of way line; thence running northeasterly along said right of way North 35 degrees 15 minutes East a distance of 200.00 feet to a nail placed and the point of beginning. All as shown on a plat of survey for Gulf Oil Corporation by Eston Pendley dated March 24, 1982. And being the same property conveyed by deed from Jean Jay Warren dated May 14, 1982 and recorded in the Office of the Clerk, Superior Court, Cobb County, Georgia in Book 2522, Page 542. Section 2 . Said Act is further amended by striking Section 2.18 in its entirety and inserting in lieu thereof a new Section 2.18 to read as follows: Section 2.18. Organizational meetings. The mayor and city council shall hold an organizational meeting on the first 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 mayor and any 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.'

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Section 3 . Said Act is further amended by striking in its entirety subsection (b) of Section 2.28 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The manager shall continue to receive his salary until the effective date of the final resolution of removal. Upon removal from office, the city manager may be entitled to not less than 60 days' severance pay. Section 4 . Said Act is further amended by striking in its entirety subsection (a) of Section 2.33 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The mayor shall have four working days after meetings of the council in which to file with the city clerk in writing his veto. Section 5 . Said Act is further amended by striking in its entirety subsection (d) of Section 3.10 and inserting in lieu thereof a new subsection (d) to read as follows: (d) There shall be a director of each department who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department. Section 6 . Said Act is further amended by striking in its entirety subsection (e) of Section 3.10 and inserting in lieu thereof a new subsection (e) to read as follows: (e) All directors shall be nominated by the city manager with confirmation by the mayor and city council. The city manager may suspend or remove directors under his supervision but such suspension or removal shall not be effective for three calendar days following the city manager's giving written notice of such action and the reasons therefor to the director involved and to the mayor and city council. The director involved may appeal to the mayor and city council which, after a hearing, may override the city manager's action by a vote of three councilmembers.

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Section 7 . Said Act is further amended by changing the first shall in Section 3.13 to may, so that Section 3.13 reads as follows: Section 3.13. The mayor and council may appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be required by the mayor and city council. Section 8 . Said Act is further amended by striking in its entirety subsection (b) of Section 4.11 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 on the municipal court unless he shall have attained the age of 21 years and may be a member of the State Bar of Georgia. Any and all judges shall be appointed by the mayor and city council. Section 9 . Said Act is further amended by striking in its entirety subsection (c) of Section 4.13 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. Section 10 . 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 1991 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Powder Springs approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043); and for other purposes.

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This 4th day of Feb. 1991. Honorable Charles C. Clay Senator, 37th District Honorable Hugh A. Ragan Senator, 32nd District Honorable Steve Thompson Senator, 33rd District Honorable Sallie Newbill Senator, 56th District Honorable Jack Vaughan Jr. Representative, 20th District Honorable Eugene T. Clark Representative, 20th District Honorable Kip Klein Representative, 21st District Honorable John W. Hammond Representative, 20th District Honorable Tom Wilder Representative, 21st District Honorable Debra Mills Representative, 20th District Honorable Lynda Coker Representative, 21st District Honorable Herman Clark Representative, 20th District Honorable Fred Aiken Representative, 21st District Honorable William A. Atkins Representative, 21st District 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 Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 8, 1991. /s/ Steve Thompson Senator, 33rd District

Page 4564

Sworn to and subscribed before me, this 13th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. COBB COUNTYMILLAGE RATES; COUNTY GOVERNING AUTHORITY; MUNICIPALITIES; SCHOOL SYSTEMS; TAXABLE VALUES; MILLAGE RATE RESOLUTIONS AND ORDINANCES; PROCEDURES; NOTICE. No. 227 (Senate Bill No. 349). AN ACT To provide for the determination of the millage rate by the governing authorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Cobb 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 the procedure for adopting the ordinance or resolution; 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:

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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. (2) Certified tax digest means that annual property tax digest certified by the tax commissioner of Cobb 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 governance of a taxing jurisdiction. (4) Local fair share means the amount of funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (5) Mill means one one-thousandth of a United States dollar. (6) 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, municipalities', or school systems' expenses for their fiscal years. (7) 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 of real property certified by the chief assessor of Cobb County; provided, however, that the five mills local fair share shall be excluded from the millage rate levied in the fiscal year immediately preceding the new fiscal year for purposes of rollback and that local school systems be authorized to levy the millage required to raise the local fair share required to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (8) Taxing jurisdiction means Cobb County, any municipality located wholly or partially in Cobb County, and the school systems of the county and any such cities.

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(9) 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 June 1, 1992, and on or before such date each year thereafter, the chief tax assessor of Cobb County shall certify to the governing authority or provide an estimate of: (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; (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 taxing jurisdiction's next fiscal year as was levied during the current fiscal year; provided, however, that the millage rate for local school systems shall be computed pursuant to paragraph (7) of Section 1 of this Act. Section 3 . (a) No millage for the calendar year beginning in 1992 and any year thereafter may be levied until the governing authority 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 the 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.

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(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 serving the residents, which shall read as follows: NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a budget which requires the collection $in real estate property taxes. This represents an increase ofpercent over last year's budget. This increase is based upon a millage rate ofmills and an (estimated) (increase/decrease) in the real estate property tax digest ofpercent. An average residential property with an assessed value of $100,000.00 last year will have a real estate property tax (increase/decrease) ofpercent as compared to last year. Due to variations in the assessment of individual properties, the percentage change in taxes on each property will depend on the change in its assessed value. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) After 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

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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 Article 5A of Chapter 5 of Title 48 of the O.C.G.A. shall not require new advertisement and hearings as required in this section. Section 4 . 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 5 . Failure of a taxing jurisdiction to comply with the requirements of this Act shall not invalidate any tax bill. Section 6 . This Act shall become effective January 1, 1992. 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 1991 session of the General Assembly of Georgia a bill to provide for the determination of the millage rate by the governing authorities of Cobb County, the Cobb County School District, each municipal corporation located in Cobb County, and each independent school district located in Cobb County; to provide for practices and procedures; to provide for notices; to provide for ordinances and resolutions; and for other purposes. This day of, 19 Honorable Sallie Newbill Senator, 56th District Honorable Hugh A. Ragan Senator, 32nd District
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Honorable Steve Thompson Senator, 33rd District Honorable Charles C. Clay Senator, 37th District Honorable Jack Vaughan, Jr. Representative, 20th District Honorable Debra Mills Representative, 20th District Honorable Herman Clark Representative, 20th District Honorable Eugene T. Clark Representative, 20th District Honorable John W. Hammond Representative, 20th District Honorable Fred Aiken Representative, 21st District Honorable Lynda Coker Representative, 21st District Honorable William A. Atkins Representative, 21st District Honorable Kip Klein Representative, 21st District Honorable Thomas E. Wilder, Jr. Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sallie Newbill, who, on oath, deposes and says that she is Senator from the 56th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: February 13, 1991. /s/ Sallie Newbill Senator, 56th District

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Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF KEYSVILLENEW CHARTER. No. 228 (Senate Bill No. 359). AN ACT To provide a new charter for the City of Keysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Keysville in Burke 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 Keysville. References in this charter to the city or this city refer to the City of Keysville. 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 Keysville, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. Section 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(2) Alcoholic beverages. To regulate the sale of all distilled spirits, wines, malt beverages, and other alcoholic beverages; to grant permits or licenses and to fix a fee for the sale of all alcoholic beverages; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (4) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (5) 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; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (7) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;

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(8) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (9) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (10) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) 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; (12) 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; (13) 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; (14) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;

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(15) 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; (16) 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; (17) 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; (18) 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; (19) 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; (20) 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; (21) 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,

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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; (22) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (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 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

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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; (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,

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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 system 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; (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;

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(37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (38) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Other taxes. 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 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

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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) Except for the transition terms provided for in subsection (d) of this section, 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.

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(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) On the first Tuesday in November, 1992, there shall be elected three councilmembers representing Posts 2, 4, and 5 to serve for terms of three years. On the first Tuesday in November, 1993, there shall be elected a mayor and two councilmembers who represent Posts 1 and 3 to serve for terms of four years. Beginning in 1993, general municipal elections shall be held biennially on the Tuesday following the first Monday in November, with elected officials whose terms are expiring standing for election for new four-year terms. (e) It is the purpose of this section to provide a rotation system for the office of mayor and for the councilmembers. 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

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21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 2.13 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14 . Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence 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

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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. (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

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subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the majority vote of the city council 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 Burke County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

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(2) By an order of the Superior Court of Burke County following a hearing on a complaint seeking such removal brought by any resident of the City of Keysville. 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 on the first Tuesday 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 vice-mayor. The vice-mayor 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 vice-mayor 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

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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 on the second Monday of each month at the city hall at such times as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or vice-mayor 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 and to the media 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 chairman 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, a majority of the 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 a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion.

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(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 Keysville 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. 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 vice-mayor 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 a majority of councilmembers shall be required for adoption. It shall

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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 Keysville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.

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(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;

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(5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Preside over all meetings of the city council; (7) Call special meetings of the city council as provided for in Section 3.13; (8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (9) Recommend to the city council such measures relative to the affairs of the city, improvement of the 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,

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the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (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.

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(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 majority vote of 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.

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(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 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 mayor and 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. (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 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

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required by the city council. The compensation of the city clerk shall be the amount set by the city council. Section 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 4.15 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.16 . Competitive bids. The city must receive competitive bids for all purchases in excess of $500.00. 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 Keysville.

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Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a majority vote of the 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,

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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 city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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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 Burke County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have

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

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Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, providing for the assignment or transfer of tax executions, and attaching delinquent taxes and fees to property taxes due to the city. 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.

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Section 6.22 . Accounting and budgeting. Unless otherwise provided by ordinance, the fiscal year of the city shall begin on January 1 and end by December 31. The city council may, by ordinance, prescribe a different fiscal year. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing 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 first day of the 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

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of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.28 . Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for 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

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than the first day of the 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 . 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 6.30 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.31 . 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

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deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Section 7.11 . Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. Section 7.12 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the City of Keysville in Burke County, approved December 29, 1890 (Ga. L. 1890, p. 657), is repealed in its entirety, and all

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amendatory Acts thereto are repealed in their entirety. All other laws and parts of laws in conflict with this charter are repealed. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice of intent to introduce legislation in the 1991 Georgia General Assembly which updates the existing charter of the City of Keysville, Burke County, Georgia. Bill English Senator 21st District of Georgia 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 True Citizen which is the official organ of Burke County, on the following date: February 14, 1991. /s/ Bill English Senator, 21st District Sworn to and subscribed before me, this 19th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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CITY OF GRIFFINBOARD OF COMMISSIONERS; TAXATION AND FINANCE POWERS; HOMESTEAD EXEMPTION; REFERENDUM. No. 229 (Senate Bill No. 361). 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 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

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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 1991 and future years. (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;

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(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 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.

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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 electors of the City of Griffin for approval or rejection. The municipal election superintendent shall conduct that election on the date of the municipal election in 1991 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

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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 24 quoted in Section 1 of this Act shall become effective immediately; otherwise, said subsection (c) of Section 24 quoted in 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 1991 session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended so as to provide an exemption from ad valorem taxation for the homestead of certain persons age 62 or older; and for other purposes. This 6 day of February, 1991. Honorable Arthur B. Edge, IV Senator, 28th District February 15, 1991. 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,

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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 15, 1991. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. GRIFFIN-SPALDING COUNTY PERSONAL CARE HEALTH BOARDCREATION. No. 230 (Senate Bill No. 362). AN ACT To provide for the Griffin-Spalding County Personal Care Health Board, a body corporate and politic; to authorize and empower such board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health; to provide for the membership and the appointment of members of the board; to confer upon the board certain powers, duties, and jurisdiction; to provide for its purpose and authorizations; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to inspect and license within the County of Spalding and the City of Griffin the operation of personal care homes as defined in Rules and Regulations for Personal Care Homes, Chapter 290-5-35 of the Georgia Department of Human Resources, and that such inquiries and investigations and licensing be done to assure the well-being of the residents of said personal care homes; and the position of the Department of Human Resources has been that they lack the necessary resources to perform these acts and that local boards of health may undertake this responsibility. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title . This Act shall be known and may be cited as the Griffin-Spalding County Personal Care Health Board Act. Section 2 . Personal care health board . There is created a body corporate and politic, to be known as the Griffin-Spalding County Personal Care Health Board, 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 board 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 . Composition . (a) The board shall be composed of five members as follows: (1) The director of the Spalding County Board of Health; (2) The director of the McIntosh Trail Mental Retardation and Substance Abuse Services; (3) The director of Spalding County Department of Family and Children Services; (4) The director of the Spalding County Environmental Health Service; and

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(5) The director of District 4 Health Services. (b) Each above-designated director, should he or she deem it inappropriate for any reason or cause to serve on such board, may designate an appropriate member of that designated director's organization to serve in his or her place on said board. Section 4 . Officers . Each year, the board shall elect one of its members to serve as chairman of the board and another of its members to serve as vice chairman of the board. The board may also elect a clerk or secretary of such board, who need not be a member of the board, and who shall serve at the pleasure of the board. The board may designate, appoint, or employ such other officers, agents, and employees as the board may deem proper. The chairman shall preside at all meetings of the board 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. Section 5 . Meetings . The board shall hold at least one regular meeting quarterly at such time and place as the board may from time to time designate. The board may hold such other regular, special, or additional meetings as it may deem necessary or proper. A majority of the members then serving on the board shall constitute a quorum for the transaction of business. All resolutions adopted and all business transacted by the board shall require the affirmative vote of a majority of the members present at the meeting. Section 6 . Operating budgets . It is anticipated that the primary source of capital to defray the costs and expenses of the board will be derived from inspection and licensing fees. In addition to said fees, both the City of Griffin and the County of Spalding are authorized to make such additional contributions to the board as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution. Section 7 . Compensation . No member of the board will receive compensation from any source for service on the board; however, the members of the board, within their sound discretion, shall fix and determine the amount of, and the time and manner of paying, compensation to its employees.

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Section 8 . Purpose and authorizations . Said board is created for the purpose of taking all such actions and doing all such things, as it shall deem necessary and proper, to ensure the well-being of residents residing in personal care homes, as defined by the laws of Georgia, and said board is authorized: (1) To adopt and modify within permissible bounds the Rules and Regulations for Personal Care Homes, Chapter 290-5-35 of the Georgia Department of Human Resources; (2) To serve as the agency for the issuing of permits for management to operate personal care homes; (3) To serve as the inspection agency on a scheduled and unscheduled basis to investigate and determine the required operating standards of personal care homes in Spalding County and the City of Griffin; (4) To invalidate any permit held by a personal care home which personal care home is in violation of the rules and regulations as adopted by said board; (5) To seek injunctive relief under appropriate circumstances within the courts of Spalding County; (6) To take appropriate emergency actions to remove a resident or residents from life-threatening conditions as defined in the rules and regulations as adopted by said board; and (7) To be administratively attached to the Spalding County Board of Health. Section 9 . Venue and jurisdiction . Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the board may be brought in the Magistrate Court of Spalding County, the State Court of Spalding County, or the Superior Court of Spalding County; and such courts shall have the exclusive, original jurisdiction of any such actions. Section 10 . Powers declared supplemental and additional . The foregoing provisions of this Act shall be deemed to provide

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an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 11 . Liberal construction of this Act . This Act, being for the welfare of the inhabitants of a political subdivision of the state, 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 competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 13 . 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, or Spalding 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 14 . Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 1991 session of the General Assembly of Georgia a bill to provide for the Griffin-Spalding County Personal Care Health Board, a body corporate and politic; to authorize and empower such board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health; to provide for the membership and the appointment of members of the board; to confer upon the board certain powers, duties, and jurisdiction; to provide for its purpose

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and authorizations; to provide for related matters; to provide for severability; to provide an effective date; and for other purposes. This 13 day of February, 1991. Honorable Arthur B. Edge, IV Senator, 28th District February 15, 22, 1991. 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 15, 1991. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 18th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991.

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DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITYPOWERS RELATING TO PROPERTY; EMINENT DOMAIN. No. 231 (Senate Bill No. 368). AN ACT To amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage property; to permit the authority to exercise eminent domain for the purpose 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 the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, is amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection to read as follows: (a) to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage land, buildings, and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment, and utilities useful or desirable in connection therewith; . Section 2 . Said Act is further amended by redesignating subsection (m) of Section 5 as subsection (n) and inserting a new subsection (m) to read as follows: (m) to exercise the power of eminent domain both inside and outside the corporate limits of the City of LaGrange to acquire real property and interests in real property necessary, convenient, or desirable to accomplish the purpose of this Act; and. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Public Notice LEGAL NO. 002 FEB. 16 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), and for other purposes. This 14th day of February, 1991. A. Quillian Baldwin Honorable Quillian Baldwin Senator, 29th District has been published in said LaGrange Daily News, to-wit: Feb 16, 1991

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being one publications of said notice and petition, issued on dates aforesaid respectively. s/Glen O. Long Publisher Sworn and subscribed before me this 19th day of February, 1991. s/Dottie Beall Hulett Notary Public, Troup County Notary Public, Troup County, Georgia My Commission Expires Aug. 31, 1991 Approved April 4, 1991. CHARLTON COUNTYTAX COMMISSIONER; COMPENSATION; LONGEVITY AND COST-OF-LIVING INCREASES. No. 232 (Senate Bill No. 373). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4790), so as to change the compensation of the tax commissioner; to provide that the tax commissioner shall receive longevity and 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 consolidating the offices of tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459),

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as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4790), is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $28,000.00 payable in equal monthly installments from the funds of Charlton County. Section 2 . Said Act is further amended by adding a new Section 3.1 to read as follows: Section 3.1. (a) The amount provided in Section 3 of this Act shall be increased by 5 percent per each four-year term of office served by any tax collector or tax commissioner after December 31, 1976, figured at the end of each such period of service. (b) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amount fixed in Section 3 of this Act shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount fixed in Section 3 of this Act shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. 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 1991 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), as

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amended, so as to change the compensation of the tax commissioner; and for other purposes. This 7th day of February, 1991. 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 Charlton County Herald which is the official organ of Charlton County, on the following date: February 13, 1991. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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PIERCE COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 233 (Senate Bill No. 398). AN ACT To amend an Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4024), so as to authorize an increase in compensation for 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: Section 1 . An Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4024), is amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. The compensation of each of the members of said board other than the chairman shall be not more than $500.00 per month, the exact amount to be determined by a majority vote of the board of commissioners of Pierce County and paid in equal monthly installments from the funds of Pierce County. Each member of the board shall also receive an expense allowance of $390.00 per year, payable in equal monthly installments out of the funds of Pierce County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397) as amended, particularly by

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an Act approved March 19, 1987 (Ga. L. 1987, p. 4024), to repeal conflicting laws and for other purposes. This 18th day of February, 1991. Earl Echols, Jr. Senator, 8th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times which is the official organ of Pierce County, on the following date: February 20, 1991. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF SMYRNACORPORATE LIMITS. No. 234 (Senate Bill No. 399). AN ACT To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as

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amended, so as to change the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, is amended by adding a new section to said charter of the City of Smyrna to be known and designated as Extension of 1991 (Section 4CC), which shall read as follows: Extension of 1991 (Section 4CC). There shall be included in the corporate limits of the City of Smyrna all of the area embraced within the following described tracts and parcels of land: (1) All that tract or parcel of land lying and being in Land Lots 602, 603, 621, 677, 692, 691, 690, 752 and 753 of the 17th District, 2nd Section, Cobb County, Georgia, known as South Cobb Drive, being more particularly described as follows: BEGINNING at the centerline of South Cobb Drive (SR280) at Ridge Road and the existing city limits, said property being a strip of roadway 200 feet in width, lying 100 feet on either side of the centerline; running thence in a southeasterly direction along the centerline of South Cobb Drive a distance of 11,800 feet more or less to the north line of Land Lot 754. (2) All that tract or parcel of land lying and being in Land Lots 241, 264, 265, 311, 339, 340, 381, 380, 413 and 338 of the 17th District, 2nd Section, Cobb County, Georgia, known as Concord Road, being more particularly described as follows: BEGINNING at the centerline of Concord Road at Mosswood Lane; said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a northeasterly direction along the centerline of Concord Road a

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distance of 9,578 feet to the intersection of Concord Road and South Cobb Drive (SR280). (3) All that tract or parcel of land lying and being in Land Lots 528, 527, 526, 525, 483, 484 and 485 of the 17th District, 2nd Section, Cobb County, Georgia, known as King Springs Road, being more particularly described as follows: BEGINNING at the centerline of King Springs Road at South Cobb Drive; said property being a strip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence in a northerly direction along the centerline of King Springs Road a distance of 6,700 to the intersection of King Springs Road and Concord Road. (4) All that tract or parcel of land lying and being in Land Lots 699, 700, 669, 668, 629, 596, 595 and 558 of the 17th District, 2nd Section, Cobb County, Georgia, known as Atlanta Road (SR3), being more particularly described as follows: BEGINNING at the centerline of Atlanta Road (SR3) at Ridge Road; said property being a strip of roadway 60 feet in width, lying 30 feet on either side of the centerline; running thence in a northwesterly direction along the centerline of Atlanta Road a distance of 7,400 feet to the intersection of Atlanta Road and Concord Road. (5) All that tract or parcel of land lying and being in Land Lots 444, 445, 421, 420, 372, 373, 349, 348, 300 and 301 of the 17th District, 2nd Section, Cobb County, Georgia, known as Pat Mell Road, being more particularly described as follows: BEGINNING at the centerline of Pat Mell Road at Atlanta Road (SR3); said property being a strip of roadway 40 feet in width, lying 20 feet on either side of the centerline; running thence east along the centerline of Pat Mell Road a distance of 5,200

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feet to the intersection of Pat Mell Road and South Cobb Drive (SR280). (6) At that tract or parcel of land lying and being in Land Lots 662, 663, 634 and 633 of the 17th District, 2nd Section, Cobb County, Georgia, known as Smyrna-Roswell Road, being more particularly described as follows: BEGINNING at the centerline of Smyrna Roswell Road at Atkins Road; said property being a strip of roadway 50 feet in width and lying 25 feet on either side of the centerline; running thence in a southwesterly direction along the centerline of Smyrna Roswell Road a distance of 3,800 feet to the intersection of Smyrna Roswell Road and Mathews Street. (7) All that tract or parcel of land lying and being in Land Lots 632, 631, 593 and 594 of the 17th District, 2nd Section, Cobb County, Georgia, known as Spring Street, being more particularly described as follows: BEGINNING at the centerline of Spring Street at New Spring Road; said property being a strip of roadway 40 feet in width and lying 20 feet on either side of the centerline; running thence west along the centerline of Spring Street a distance of 1,600 feet to the intersection of Spring Street and Anderson 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 1991 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Smyrna, approved

Page 4625

August 27, 1931 (Ga. L. 1931, p. 955), as amended; and for other purposes. This 2nd day of December, 1990. /s/Hugh A. Ragan SENATORS CHUCK CLAY SALLIE NEWBILL HUGH RAGAN STEVE THOMPSON REPRESENTATIVES FRED ALLEN BILL ATKINS GENE CLARK HERMAN CLARK LYNDA COKER JOHN HAMMOND KIP KLEIN DEBRA MILLS JACK VAUGHN TOM WILDER 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 7, 1990. /s/ Hugh A. Ragan Senator, 32nd District

Page 4626

Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYDELETION OF INTEREST ARBITRATION; FACT FINDER'S REPORT; JUDICIAL DETERMINATION OF CERTAIN COLLECTIVE BARGAINING ISSUES. No. 235 (Senate Bill No. 300). 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 delete certain provisions regarding interest arbitration and jurisdiction relating thereto; to change the provisions regarding fact finding; to provide for the judicial determination of certain unresolved collective bargaining issues and the conditions and effect thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (b) of Section 20 thereof and inserting in its place a new subsection to read as follows:

Page 4627

(b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings: (A) `Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. (B) `Collective bargaining' or `collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) `Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees. (D) `Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and conditions of employment for represented employees of the Authority. (E) `Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative.

Page 4628

(3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition of either or both parties, the Governor shall appoint within 30 days after receipt of said petition a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues submitted for fact-finding appropriate wages, hours, and other terms and conditions of employment for represented employees, shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact

Page 4629

finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finder's report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through, collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to the commencement of any proceeding for a judicial determination, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any

Page 4630

unresolved issues between the parties. Such an action may be instituted by the filing of a petition for a judicial determination directed to the senior judge in time of service of the Superior Court of Fulton County in even-numbered years or the senior judge in time of service of the Superior Court of DeKalb County in odd-numbered years to resolve any issue. That judge, without a jury, shall decide the issues within 90 days after said petition shall be filed with the clerk of the superior court of such judge's judicial circuit. That judge's decision on those issues shall bind both the Authority and the authorized representative and there shall be no appeal from that decision. That judge may require the Authority and the authorized representative to provide that judge with such information as the judge determines to be necessary in the resolving of the issues submitted thereto. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judicial determination, the parties shall continue to collectively bargain with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted for judicial determination, as provided in this paragraph. (8) In any judicial determination under this subsection, the judge shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the judge shall also give weight both to the report of the neutral fact finder and to the following factors: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public

Page 4631

to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9) No employee of the Authority shall engage in any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote, or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost-of-living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees.

Page 4632

(11) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection. 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. PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a Notary Public, within and for said county and state, David Randolph Still, Associate Publisher of the Gwinnett Home Weekly, a newspaper published at Lawrenceville, Gwinnett County, State of Georgia, who being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation: to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 a copy of which is attached hereto, was published in said newspaper on the following date(s): February 7, 1991 BRUCE R. STILL, PUBLISHER By David R. Still, /s/ David R. Still Associate Publisher, Agent Sworn to and subscribed before me this 7th day of Feb., 1991 Notary Public, /s/ Glynn M. Martin MY COMMISSION EXPIRES NOVEMBER 8, 1993

Page 4633

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 31 day of January, 1991 -s- Hildred Shumake f-5020126, 2/7 L-929 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 31st day of Jan., 1991 Senator Hildred Shumake 2;8 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF COBB Before me the undersigned, a Notary Public, this dame came Otis A. Brumby Jr., personally known to me who being first duly sworn according to law, says that he is Publisher of Times-Journal, Inc. Publisher of The Marietta Daily Journal, the official newspaper of which Sheriff's advertisements in and for said County are published and a newspaper of general circulation with its principal place of business in said county, and that there has

Page 4634

been deposited with said newspaper one insertions of L-929 2.8, once a week for one weeks. /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me this 8 day of February, 1991 /s/ Bobbie Bleven Notary Public, Georgia, State at Large My Commission Expires March 5, 1993 MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L., 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1991. Senator Hildred Shumkae January 29, 1991 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, state on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the Signed, Joe Hiett, Publisher

Page 4635

Sworn to and subscribed before me this 31 day of January, 1991 Signed Shayne O. Finch Notary Public, Clayton County, Georgia My Commission Expires March 7, 1994 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1991. Hildred Shumake 20-54303,[UNK]1 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 Marta Amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 31st day of January, 1991. /s/ Gerald W. Crane, Co-Publisher (by) s/Linda L. Orr, Agent Sworn to and subscribed before me this 31st day of January, 1991 /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires January 1, 1994 (SEAL)

Page 4636

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1991. Honorable Hildred W. Shumake Senator, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hildred W. Shumake, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 28, 1991. /s/ Hildred W. Shumake Senator, 39th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 4, 1991.

Page 4637

CLAYTON COUNTYSTATE COURT; JUDGES; COMPENSATION. No. 236 (Senate Bill No. 401). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to change the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $64,152.00 per annum, which shall be paid by the Board of Commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County. Section 2 . This Act shall become effective on July 1, 1991. 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 1991 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, so as to change the

Page 4638

compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of Feb., 1991. J. Terrell Starr GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th 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 5, 1991. /s/ J. Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF RIVERDALECORPORATE LIMITS. No. 237 (Senate Bill No. 402). AN ACT To amend an Act incorporating the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended,

Page 4639

particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5210), so as to remove certain property from 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 Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5210), is amended by adding at the end of subsection (b) of Section 2 the following: (8) Excluded Parcel No. 8: All that tract or parcel of land lying and being in Land Lot 120 of the 13th District of Clayton County, Georgia, being more particularly known as Lot 6, Block A, Unit 1, Pine View Terrace Subdivision, as shown on plat thereof recorded in Plat Book 9, page 74, records of the Clerk of Superior Court, Clayton County, Georgia and said plat is by reference incorporated herein and made a part hereof for a more accurate and complete description. Being known as No. 1146 East Fayetteville Road under the present system of numbering houses in Clayton County, Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, so as to remove certain property from the corporate limits; and for other purposes. This 14th day of Feb., 1991. Honorable Terrell A. Starr Senator, 44th District

Page 4640

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 19, 1991. /s/ J. Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CLAYTON COUNTYBOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 238 (Senate Bill No. 403). 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 28, 1990 (Ga. L. 1990, p. 4616), so as to change the provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4641

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 28, 1990 (Ga. L. 1990, p. 4616), is amended by striking Section 7 of said Act in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chairman of the board shall be compensated in the amount of $63,500.00 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. (b) The four members of the board other than the chairman 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 also 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. (c) 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, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 4642

MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 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, so as to change the provisions relating to the compensation of the chairman; and for other purposes. This 14 day of Feb., 1991. Honorable Terrell A. Starr Senator, 44th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: February 19, 1991. /s/ J. Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 4643

CLAYTON COUNTYSHERIFF; CLERK OF THE SUPERIOR COURT; COMPENSATION. No. 239 (Senate Bill No. 404). 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 28, 1990 (Ga. L. 1990, p. 4623), so as to change the provisions relating to the salary of the sheriff and 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 28, 1990 (Ga. L. 1990, p. 4623), is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The sheriff of Clayton County shall receive an annual salary of $54,600.00. Section 2 . Said Act is further amended by striking paragraph (1) of subsection (c) of Section 1 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The clerk of the Superior Court of Clayton County shall receive an annual salary of $43,300.00. Section 3 . This Act shall become effective on July 1, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed.

Page 4644

MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 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, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; and for other purposes. This 14 day of Feb., 1991. Honorable Terrell A. Starr Senator, 44th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th 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 or Clayton County, on the following date: February 19, 1991. /s/ J. Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 4645

CLAYTON COUNTYTAX COMMISSIONER; COMPENSATION. No. 240 (Senate Bill No. 405). 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 28, 1990 (Ga. L. 1990, p. 4628), 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 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 28, 1990 (Ga. L. 1990, p. 4628), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The tax commissioner of Clayton County shall receive an annual salary of $43,300.00. Section 2 . This Act shall become effective on July 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 1991 session of the General Assembly of Georgia a bill to amend an

Page 4646

Act consolidating the office 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, so as to change the provisions relating to the salary of the tax commissioner; and for other purposes. This 14 day of Feb., 1991. Terrell A. Star Senator, 44th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr, who, on oath, deposes and says that he is Senator from the 44th 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, 1991. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CLAYTON COUNTYSTATE COURT; SOLICITOR; COMPENSATION. No. 241 (Senate Bill No. 406). 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, 1990 (Ga. L. 1990, p. 4367), so as to change the compensation 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 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, 1990 (Ga. L. 1990, p. 4367), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $46,616.00 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 2 . This Act shall become effective on July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 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 28 day of Jan., 1991. J. Terrell Starr Clayton County Legislative Delegation February 5, 1991 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr, who, on oath, deposes and says that he is Senator from the 44th 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 5, 1991. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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CITY OF DAHLONEGACOMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 242 (Senate Bill No. 414). AN ACT To provide for the creation of one or more community improvement districts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide standards concerning conflicts of interest; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for the form of bonds and definition of terms cost of project or cost of any project as used in bond resolutions; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds and notes and subsequent issues of bonds and notes; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the districts' notes or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be referred to as the City of Dahlonega Community Improvement Districts Act. Section 2 . Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Dahlonega, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating

Page 4650

each district created in this Act, or any supplemental resolution amending same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions. As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district authorized in this Act. (3) Bonds or general obligation bonds means any bonds of a 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 a district. (4) Cost of the project or cost of any project means and includes:

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(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, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project;

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(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 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 governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits.

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(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: (A) The values established in the most recent and valorem tax reassessment of such properties certified by the chairman of the Lumpkin County Board of Tax Assessors; or (B) If so specified, such other method specified in the project specifications. (7) Forestry 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) 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 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 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, which project is a project described in the project specifications for the district. (9) Project specifications means a description of the project or projects to be undertaken by the district. The project specifications must include the rates for taxes, fees, and assessments that the district may levy. The project

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specifications may also include as a matter of election any or all of the following: (A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; (C) A method for the equitable apportionment of such taxes, fees, and assessments. (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 Lumpkin County within the district as certified by the Lumpkin 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 neighborhood shopping, shopping center, general commercial, tourist services, office or institutional, office services, light industry, heavy industry, central business district, 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; project specifications; conflicts of interest. (a) Pursuant to Section VII of Article IX of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703, et seq.), there is created one or more community improvement districts to be located in the City of Dahlonega, Georgia, wholly within the incorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board

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as hereinafter constituted. The conditions for such activation shall be: (1) The delivery of a petition by any taxpayer, containing the project specifications for the proposed district, to the Dahlonega City Council; (2) The adoption of a resolution consenting to the creation of each community improvement district (which resolution shall state that the district is created under this Act and to the project specifications by the Dahlonega City Council; (3) Written consent to the creation of the community improvement district by and the project specifications by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved Lumpkin County ad valorem tax digest; (4) If the proposed community improvement district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the governing board of the newly created district and the governing board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. No district or board created hereunder shall transact any business or exercise any powers hereunder until the foregoing conditions are

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met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated hereunder, and with the Department of Community Affairs. (b) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of consents as described in paragraph (3) of subsection (a) of this section. Section 5 . Administration and appointment of board members. Each district created pursuant to this Act shall be administered by a nine-member board. One member of the board shall be appointed by the Board of Commissioners of Lumpkin County, one member of the board shall be the acting mayor of the City of Dahlonega, and seven members of the board shall be appointed by the Dahlonega City Council; provided, however, that so long as the directors of the Downtown Development Authority of the City of Dahlonega, created pursuant to the provisions of the Downtown Development Authorities Law (Ga. L. 1981, p. 1744), as amended, shall be appointed by the Dahlonega City Council, the members of the board of each community improvement district created by this Act to be appointed by the Dahlonega City Council shall be the same as and shall serve terms coextensive with the board of directors, as now or hereafter constituted, of the Downtown Development Authority of the City of Dahlonega. 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 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 1 percent of the aggregate assessed value of all such real property; provided, further, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. 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

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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 the projects which are specially required by the degree of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Dahlonega. Delinquent taxes shall bear the same interest and penalties as the City of Dahlonega ad valorem taxes, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a collection fee if approved by the board, to be retained by the City of Dahlonega in an amount no more than 5 percent of the taxes so collected shall be transmitted by the City of Dahlonega to the board and shall be expended by the board only for the purposes authorized in this Act. (b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the City of Dahlonega by June 15 each year so it may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a 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. (a) The boundaries of each district shall be as designated by the City of Dahlonega and shall lie wholly within the incorporated area of the City of Dahlonega, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes,

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fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved Lumpkin County ad valorem tax digest; (2) The adoption of a resolution consenting to the annexation by the board of the district; and (3) The adoption of a resolution consenting to the annexation by the City Council of the City of Dahlonega. Section 8 . Debt. Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of the State of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, the City of Dahlonega, or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the City Council of the City of Dahlonega. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Dahlonega to provide services or facilities within the district; and the City of Dahlonega shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification

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of, access to, and degree and type of services provided through or by facilities of the City of Dahlonega. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Powers. (a) Each district and its board created pursuant to this Act shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use;

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(6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance 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, or such longer period as may be authorized by law, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, 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;

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(11) The district shall have the power and is authorized, whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein; or to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (15) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents,

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attorneys, and others and to fix their compensation and pay their expenses; (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 the City of Dahlonega; (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) 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 its bylaws; (19) 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 (20) To do all things necessary or convenient to carry out the powers conferred in this Act. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 11 . Bonds - generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged (subject to the power of the district to tax only in accordance with any limitations established by the project specifications). (b) All bonds, notes, and other obligations of any district shall be authorized by a resolution of its board adopted by a majority vote of the board members at a regular or special meeting.

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(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 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 in 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 of 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 these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Code Section 36-82-3 of the O.C.G.A., the Revenue Bond Law, or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Lumpkin County shall 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;

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and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed 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 or proceedings to validate such bonds, notes, or other obligations of a district. Section 12 . Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds and notes; subsequent issues of bonds and notes. (a) Subject to the limitations and procedures provided by this section and by the immediately preceding section, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a 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

Page 4665

refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required by this Act shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. Section 14 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15 . Termination. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Dahlonega.

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Section 16 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 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 1991 regular session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees and assessments; to provide for the creation of said districts by (i) action of the Dahlonega City Council, (ii) written consent by a majority of owners of real property within said district which will be subject to tax and (iii) the owners of real property within said district which constitute at least 75 percent by value of all real property within said district which will be subject to tax, to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees and assessments with respect thereto; to provide standards concerning conflicts of interest; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for the form of bonds, and definition of terms cost of project or cost of any project as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities act of 1973 not apply to the offer, sale or issuance of the districts' notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of

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the foregoing; to provide for severability; to provide for an effective date; to repeal some conflicting laws; and for other purposes. This 31st day of January, 1991. 2c-2-7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: February 7, 1991. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 25th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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PUTNAM COUNTYMAGISTRATE COURT; ADDITIONAL MAGISTRATE; APPOINTMENT; TERM; COMPENSATION. No. 243 (Senate Bill No. 419). AN ACT To amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended by an Act approved March 18, 1986 (Ga. L. 1986, p. 3953), so as to change the number of magistrates for said court; to provide for the appointment of the additional magistrate and his term of office; to change the provisions relating to compensation of the magistrates other than the chief magistrate; 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 Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended by an Act approved March 18, 1986 (Ga. L. 1986, p. 3953), 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 number of magistrates authorized for the Magistrate Court of Putnam County shall be three magistrates, consisting of a chief magistrate, and one senior magistrate, and one junior magistrate. Section 2 . Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The magistrates other than the chief magistrate shall be appointed by the chief magistrate. The term of such magistrates shall run concurrently with the term of the chief magistrate. Section 3 . Said Act is further amended by striking in its entirety subsection (b) of Section 7 and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) The senior magistrate shall receive an annual salary of $6,000.00 and the junior magistrate shall receive an annual salary of $3,600.00 to be paid in equal monthly installments from county funds. 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 1991 session of the General Assembly of Georgia a bill to make provisions for the personnel and operations of the Magistrate Court of Putnam County; to provide for the compensation of the personnel of said court; to provide for related matter-and for other purposes. Culver Kidd Senator, 25th District GEORGIA, PUTNAM COUNTY Comes now Micky Smith, Editor and Publisher of the Eatonton Messenger, the official Organ for Putnam County, Georgia and deposes and says under oath that the above advertisement was printed and appeared in the Eatonton Messenger on the 21st day of February, 1991. This 21st day of February, 1991. /s/ Micky Smith Micky Smith

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Sworn to and subscribed before me, this 21st day of February, 1991. /s/ Sloan Gregory Notary Public My Commission Expires: JAN. 27, 1992. MY COMMISSION EXPIRES Approved April 4, 1991. CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITYMEMBERS; APPOINTMENT; QUORUM; QUALIFICATIONS; ADDITIONAL POWERS AND DUTIES; APPLICABILITY. No. 244 (Senate Bill No. 428). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the membership of the authority; to provide for appointment of members; to provide for a quorum; to provide for qualifications; to provide for additional powers, duties, and responsibilities; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, is amended by striking from Section 2 the second undesignated paragraph and inserting in its place the following:

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The Authority shall consist of seven members. The members of the Authority in office on the effective date of this Act shall serve until June 30, 1991, and until their successors have been appointed and qualified as provided in this section. The grand jury shall appoint the new members of the Authority during its May, 1991, term and the members so appointed shall take office on July 1, 1991. One member of the Authority shall be the chairman of the board of commissioners of Cherokee County. Such member shall serve for a term of office as a member of the Authority which runs concurrent with such person's term of office as chairman of the board of commissioners. Each successor to such member shall be the person elected as chairman of the board of commissioners. One member shall be a resident of a municipality in Cherokee County the water system of which municipality has, at the time of such appointment, been integrated into the county water system. Such member shall continue to be a resident of that municipality during such member's term of office or a vacancy shall be created. Such member may be the mayor or a councilmember of any such municipality. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed from the county at large. Such member shall continue to be a resident of Cherokee County during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 1 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district

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composed of Post 2 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successsor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 3 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 4 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. The Authority shall advertise in the legal organ of the county once a week for four weeks beginning in April, 1991, that persons interested in serving on the Authority should submit a resume to the Authority. A similar notice shall be mailed by the Authority to each Authority customer not later than May 1, 1991. All resumes or other recommendations received by the Authority shall be delivered to the grand jury. In order to be qualified to serve as a member of the Authority a person must: be 21 years of age or older; have been a resident of Cherokee County for one year preceding his appointment; be a residential customer of the Authority at the time of appointment; not have been convicted of a felony; not hold any elected office for a period of one year preceding his appointment, provided that this limitation shall not apply with respect to the member of the Authority who is required to be a resident of a municipality in Cherokee County the water system of which has been integrated into the county water system if that member is the

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mayor or a councilmember of such municipality; and not have been an employee of Cherokee County for a period of one year preceding his appointment. No person who has served two consecutive terms of office shall be eligible to be appointed as a member of the Authority until a period of four years has elapsed from the expiration date of the second consecutive term of office; provided, however, that for the purpose of this limitation, the term `consecutive term of office' shall not include any term of office beginning prior to July 1, 1991. All persons appointed by the grand jury shall be selected on the basis of competence and fair representation of the varied interests of the entire county. All regular appointments made by the grand jury following the initial appointments shall be made at the May term of the grand jury immediately preceding the expiration of the term of office of such member. The Authority shall annually elect one of its members as chairman and elect one of its members as vice chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. Any vacancy on said board, either by death, resignation, or otherwise, shall be made by the grand jury at its current term but shall not be made later than its next available term for the remainder of such term of office. Section 2 . Said Act is further amended by adding a new section immediately following Section 2, to be designated Section 2A, to read as follows: Section 2A. (a) The Authority shall conduct not less than two regularly scheduled monthly meetings, one of which shall be held during evening hours. (b) The Authority shall conduct itself according to standards at least as strict as those specified by the Board of Ethics of Cherokee County. (c) The Authority shall make an annual written report at the end of its fiscal year to the May term of the grand jury.

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(d) The Authority shall send a copy of the minutes of every meeting of the Authority to each member of the Planning and Zoning Board of Cherokee County. Section 3 . The provisions of this Act shall have general applicability in a prospective manner only and shall not have retroactive applicability. 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 1991 session of the General Assembly of Georgia a bill to amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended; and for other purposes. This 8 day of Feb., 1991. Honorable Steve Stancil Representative, 8th District Honorable Garland Pinholster Representative, 8th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr., who, on oath, deposes and says that he is Senator from the 51st 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 13, 1991. /s/ William G. Hasty, Sr. Senator, 51st District

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Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF SUGAR HILLHOMESTEAD EXEMPTION; EXCEPTION; TERMS AND CONDITIONS; PROCEDURES; APPLICABILITY; REFERENDUM. No. 245 (Senate Bill No. 443). AN ACT To provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill; 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 . Each resident of the City of Sugar Hill is granted an exemption on that person's homestead from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated, except that land which is included in that

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homestead and which exceeds one acre shall not have the value thereof exempt under this Act. Section 2 . In accordance with Section 3 of this Act, the governing authority of Gwinnett County or its designee shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3 . The taxpayer shall be entitled to the exemption granted by this Act if the taxpayer has properly claimed, and it is determined that he is entitled to, the corresponding exemption provided by Gwinnett County. The taxpayer shall cause his taxes for Gwinnett County purposes to be claimed and returned as provided in Code Section 48-5-50.1 of the Official Code of Georgia Annotated, but this Act specifically alters Code Section 48-5-50.1 of the Official Code of Georgia Annotated for City of Sugar Hill tax purposes. Section 4 . After any such owner has filed the proper documents and has been allowed the exemption provided in this Act, it shall not be necessary that he make application thereafter for any subsequent year; and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Sugar Hill who has claimed the homestead exemption provided for in this Act to notify the governing authority of Gwinnett County 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 addition to any other homestead exemption from City of Sugar Hill ad valorem taxes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1991. 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

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City of Sugar Hill 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 Sugar Hill for approval or rejection. The election superintendent shall conduct that election at the next scheduled municipal election date subsequent hereto or such earlier date as may be set by the superintendent, 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: () YES () NO Shall the Act be approved which provides a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes in the amount of $2,000.00 of the assessed value of a resident's homestead? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Sugar Hill. 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.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1991 Session of the General Assembly of Georgia a Bill, pursuant to Article 7, Section 2, Par. 2(a)(2), of the Georgia Constitution to provide a homestead exemption for the City of Sugar Hill ad valorem taxes for residents of the City of Sugar Hill, to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the holding of a referendum; and for other purposes. This 11th day of February, 1991. Mayor and Council City of Sugar Hill, Georgia F-5020398, 2/14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald L. White, 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 Home Weekly which is the official organ of Gwinnett County, on the following date: February 14, 1991. /s/ Donald L. White Senator, 48th District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

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COBB COUNTYSTATE COURT; ADDITIONAL JUDGE. No. 246 (Senate Bill No. 437). 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 20, 1990 (Ga. L. 1990, p. 4113), so as to add an additional judge to the second division of the State Court of Cobb County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4113), is amended by striking subsections (a) and (c) of Section 2-2 of Part 2 of said Act and inserting in lieu thereof the following: Section 2-2. (a) In addition to all other judges of the state court, there shall be three 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; provided, however, that the initial appointment of the additional judge provided for in this Act shall be by the Governor for a term expiring December 31, 1992, and upon the election and qualification of a successor. (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 three judges were first elected in the same election, the one having the longest active

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service as a member of the State Bar of Georgia shall be known as the presiding judge. The three 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to amend An Act creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4113); and for other purposes. 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: February 8, 1991. /s/ Charles C. Clay Senator, 37th District

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Sworn to and subscribed before me, this 26th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. FRANKLIN COUNTYBOARD OF COMMISSIONERS; CREATION. No. 247 (Senate Bill No. 442). AN ACT To create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms, and election procedures; to provide that the members of the former advisory board shall be initial members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney; to provide for the compensation of the chairman and members of the board; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to provide for practices and procedures; to repeal an Act creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended; to provide for 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:

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Section 1 . (a) There is created a board of commissioners of Franklin County to consist of four members and a chairman to be elected as provided in this Act, provided that the four members of the advisory board created pursuant to an Act creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended, who are in office as members on December 31, 1992, shall become the four initial members of the board of commissioners on January 1, 1993, and shall have terms of office which expire on December 31, 1994. The chairman of the board of commissioners shall be elected by a majority vote of the qualified voters of the entire county voting in such election and may reside anywhere within Franklin County. Each person qualifying for nomination or election from one of the four commissioner districts shall be a resident of the district from which he or she seeks nomination or election at the time of qualifying and on the date of taking office but the member elected from each commissioner district shall be elected by a majority vote of the qualified voters of the entire county voting in such election for such commissioner. (b) For the purpose of electing members of the board of commissioners, Franklin County is divided into four commissioner districts as follows: Commissioner District No. 1 Franklin Tract 9901 Blocks 204 through 210, 212, 215, 222 through 228, and 271 through 281 Blocks 327 through 329 Tract 9902 Blocks 101 through 107, 109 through 137, and 140 through 143 That part of Block 155 which lies northwest of Whiten Creek Block 156 Blocks 301 through 326 That part of Block 327 which lies west of Whiten Creek Blocks 328 through 338, 340, 341,

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349 through 364, 378 through 389, and 395 Blocks 407 through 411, 413 through 422, 430, and 440 through 450 That part of Block 451 which lies south of Nails Creek Blocks 466 through 472 and 483 Commissioner District No. 2 Franklin Tract 9901 Block Group 1 Blocks 201 through 203, 211, 213, 214, 216 through 221, 229 through 270, and 282 through 299 Blocks 301 through 314, 324 through 326, 330, 339, 341, and 342 Commissioner District No. 3 Franklin Tract 9901 Blocks 315 through 323, 331 through 338, and 340 Tract 9902 Blocks 138, 139, and 144 through 154 That part of Block 155 which lies southeast of Whiten Creek Blocks 157 through 199 Block Group 2 That part of Block 327 which lies east of Whiten Creek Blocks 342 through 348 and 365 through 377 Blocks 401 through 406 and 423 through 429 That part of Block 451 which lies north of Nails Creek Blocks 452 through 455

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Tract 9903 Blocks 101 through 113, 115 through 127, 129 through 166, 169, and 171 through 175 Commissioner District No. 4 Franklin Tract 9902 Blocks 412, 456 through 465, 473 through 482, and 484 through 490 Tract 9903 Blocks 167, 168, 170, and 176 through 199 Block Group 2 (c) For the purposes of this section: (1) The terms Tract or Census Tract, Block Group, and Block shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (3) Any part of Franklin County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) (1) At the time such person qualifies for nomination or election, any person seeking election to the office of chairman of the board of commissioners shall designate that he or she is a candidate for the office of chairman and shall thereafter be eligible only for nomination or election to such office in such primary or election.

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(2) At the time such person qualifies for nomination or election, any person seeking election from one of the four commissioner districts shall designate the specific commissioner district to which he or she seeks nomination or election and shall thereafter be eligible only for nomination or election to represent such commissioner district so designated in such primary or election. Section 2 . (a) At the November general election in 1992, the chairman of the board of commissioners shall be elected. The chairman shall serve for an initial term of four years and until his or her successor is elected and qualified. At the general election in 1996, and every four years thereafter, a successor to the chairman shall be elected and shall serve for a term of office of four years and until a successor is elected and qualified. (b) At the November general election in 1994, members of the board of commissioners shall be elected to represent Commissioner District No. 1, Commissioner District No. 2, Commissioner District No. 3, and Commissioner District No. 4. Each such member shall serve for an initial term of four years and until his or her successor is elected and qualified. At the general election in 1998, and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified. (c) All such elections shall be held and conducted as provided by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, as amended. (d) The chairman and members of the board shall be elected in the November general election which shall take place immediately prior to the expiration of their respective terms of office and shall take office on the first day of January following their election. Section 3 . The member of the board of commissioners from Commissioner District No. 1 shall serve as vice chairman of the board during 1993 and each fourth year thereafter. The member of the board of commissioners from Commissioner District No. 2 shall serve as vice chairman of the board during 1994 and each fourth year thereafter. The member of the board of commissioners from Commissioner District No. 3 shall serve as vice chairman of

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the board during 1995 and each fourth year thereafter. The member of the board of commissioners from Commissioner District No. 4 shall serve as vice chairman of the board during 1996 and each fourth year thereafter. It shall be the duty of the vice chairman to perform the duties and functions of the chairman in the absence of the chairman and to perform such other duties as may be prescribed by the board. The vice chairman shall be entitled to vote in the same manner as any other member of the board while performing the duties and functions of the chairman in the absence of the chairman. In the event the office of the commissioner selected as vice chairman becomes vacant, the remaining commissioners shall, at the next regular meeting, elect one of their number by majority vote as successor who shall serve as vice chairman for the remainder of the year. Section 4 . Members of the board of commissioners shall be citizens of this state who are not less than 21 years of age and who have been residents of Franklin County for not less than one year preceding their qualification as candidates and on election day, and they shall hold no other elective public office. Should a member of the board of commissioners move his or her residence from the commissioner district he or she was elected to represent, such position on the board of commissioners shall be declared vacant and the vacancy shall be filled in accordance with Section 5 of this Act. The office of county commissioner shall be deemed to be a part-time position. The chairman shall be a citizen of this state who is not less than 21 years of age and who has been a resident of Franklin County for not less than one year preceding his or her qualification as a candidate and on election day and shall hold no other elective public office. Should the chairman move his or her residence from Franklin County, such position shall be declared vacant and such vacancy shall be filled in accordance with Section 5 of this Act. The office of chairman shall be deemed to be a fulltime position. Section 5 . In the event a vacancy occurs in the office of the chairman or other member of the board of commissioners and more than one year remains in the unexpired term of office, it shall be the duty of the election superintendent of the county to call a special election to elect a successor and fill the vacancy for the remainder of the unexpired term. The election superintendent shall issue the call within ten days of the date on which the vacancy occurs. Such special election shall be held not less than 30 nor more

Page 4687

than 90 days following the date of the call. The special election shall be held as provided in Chapter 2 of Title 21 of the Official Code of Georgia Annotated. If one year or less remains in the unexpired term on the date the vacancy occurs, the remaining members of the commission shall select a successor for the remainder of the unexpired term. Section 6 . The chairman and members of the board of commissioners of Franklin County shall be commissioned by the Governor of the State of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of Franklin County coming into their possession. Such chairman and commissioners shall, before entering upon the duties of their offices, give a bond in the sum of $50,000.00 in the case of the chairman and $10,000.00 in the case of each commissioner, to be approved by the judge of the Probate Court of Franklin County and payable to the judge of the Probate Court of Franklin County and his or her successors in office conditioned upon the faithful discharge of their duties and to account for all funds and property of Franklin County coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the judge of the Probate Court of Franklin County and shall be recorded upon his or her minutes. Section 7 . The board of commissioners shall meet at least twice each month for the transaction of public business pertaining to county matters, which meeting shall be held in an appropriate place at the courthouse of Franklin County. The meetings shall be held at such times as the board shall prescribe by ordinance or resolution. The board shall hold such other meetings as shall be called by the chairman or by a majority of the members of the board. The board may also appoint or designate any one or more of its members to transact such business connected with the duties of the board, between regular meetings, as the board deems proper. Section 8 . The chairman of the board of commissioners shall employ a clerk and such other personnel as the board of commissioners deems necessary. All such personnel shall receive the compensation fixed by the board of commissioners which shall be paid from county funds. It shall be the duty of the clerk of the board

Page 4688

to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He or she shall file and keep in order all original orders, papers, petitions, and applications addressed to the board of commissioners concerning county business. The clerk shall also keep on record the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a record showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners, as well as all funds and moneys paid over to such board. The clerk shall also serve as the budget officer for Franklin County. The clerk shall, before entering on the discharge of his or her duties, be required to give bond in the sum of $50,000.00, payable to the board of commissioners for the faithful performance of his or her duties. The clerk shall have such other authority and duties as given by the board of commissioners and shall serve at the pleasure of such board. Section 9 . Three members of the board of commissioners shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall have no voting power, except in the case of a tie, but shall preside at meetings and shall perform such duties and shall have such powers as are or may be conferred upon him or her by ordinance or resolution of the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he or she or the board may deem proper. The board of commissioners shall set such rules and policies by resolution or ordinance as may be necessary for the proper functioning of the board meetings. Section 10 . (a) The chairman of the board of commissioners shall receive an annual salary payable in equal monthly installments from the funds of Franklin County in an amount equal to the highest total compensation paid from county funds to the sheriff, the clerk of the superior court, the judge of the probate court, or the tax commissioner of Franklin County. (b) The other members of the board of commissioners shall receive a salary of $400.00 per month payable from the funds of Franklin County, provided that the member serving as vice

Page 4689

chairman shall receive a salary of $450.00 per month as long as such member serves as vice chairman. In addition, as a cost-of-living adjustment, such salary shall be increased by a percentage equal to the percentage increase in compensation as may from time to time be granted to the chairman of the board of commissioners pursuant to subsection (a) of this section. Section 11 . The board of commissioners shall be the governing authority of Franklin County, Georgia, and shall have the power and authority to fix and establish, by appropriate ordinance or resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules, and regulations, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding on those affected thereby. The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, executed, and enforced by the chairman and other designated administrative officers of the county. The board of commissioners of Franklin County shall have exclusive jurisdiction and authority over the following matters: levying taxes for county purposes; controlling all of the property belonging to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; supervising tax collector's and tax receiver's books; allowing the insolvent list of the county; settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and bringing them to settlement; providing for the poor of the county; providing for the promotion of health in the county as granted by law or not inconsistent with law; examining the tax digest of the county for the correction of errors; regulating or fixing license fees as may be provided by law; requiring any county officer or department to submit budget information and budget requests; maintaining and operating the county public correctional institution or other similar facility of the county as provided by law; providing for superintendents, wardens, and guards of convicts; providing an annual budget and acting on all budgetary matters and approving or disapproving budgetary requests; having and exercising all the power heretofore vested in the commissioner of Franklin County and the advisory board; and exercising such other powers and duties as are now or as may be hereafter provided by law for governing authorities of counties, by whatever name

Page 4690

called, or as may be necessary or incidental to their jurisdiction over county matters and county finances. Section 12 . The board of commissioners is authorized to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices and to conduct or have conducted audits of expenditures of funds appropriated by the board to such offices. Section 13 . The chairman of the board of commissioners shall have the authority to employ a competent attorney at law as courty attorney to advise the board and represent the county in such matters as the board of commissioners may direct. The county attorney shall not represent any person or entity, including without limitation the Franklin County Board of Education, which may have a conflict of interest with that of Franklin County. The county attorney shall be paid such compensation as may be fixed by the board of commissioners. The county attorney shall serve at the pleasure of the chairman of the board of commissioners. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney or to serve in cases of disqualification of the county attorney. Such additional counsel shall be paid such compensation as the board of commissioners may direct out of regular funds of the county. Section 14 . An Act creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, p. 2603), as amended, is repealed in its entirety. Section 15 . 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 Franklin County shall call and conduct an election for the purpose of submitting this Act to the electors of Franklin 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 Franklin 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 Franklin County to be composed of a

Page 4691

chairman and four additional members and which abolishes the current office of commissioner of Franklin County and an advisory 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, it shall become of full force and effect as provided in Section 16 of this Act; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Franklin County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 16 . (a) This section and Section 15 of this Act shall become effective immediately upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 1 and 2 of this Act and any other provisions of this Act necessary for the conduct of the election provided for in Section 2 of this Act shall become effective solely for the purpose of conducting such election on the date the results of the referendum election required by Section 15 of this Act are certified to the Secretary of State if this Act is approved in such referendum election. (c) If this Act is approved by the electors of Franklin County in the referendum election provided for in Section 15 of this Act, the remaining provisions of this Act shall become effective for all purposes on January 1, 1993. Section 17 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to create a

Page 4692

new board of commissioners of Franklin County; to repeal an Act creating the office of commissioner of Franklin County and an advisory board, approved February 27, 1956 (Ga. L. 1956, P. 2603), as amended; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 11th day of February, 1991. C. Donald Johnson Senator, 47th District 2-14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following date: February 14, 1991. /s/ C. Donald Johnson Senator, 47th District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991.

Page 4693

CITY OF SMYRNAHOMESTEAD EXEMPTION; REFERENDUM. No. 248 (Senate Bill No. 446). AN ACT To provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for 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 homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of the City of Smyrna who is 62 years of age or older and who has resided within the City of Smyrna for a period of not less than three years at the time of application for such exemption shall be granted an exemption on that person's homestead from City of Smyrna ad valorem taxes, except those taxes levied for school purposes and to pay interest on and retire bonded indebtedness, in the amount of $10,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3 . The governing authority of the City of Smyrna may by ordinance provide procedures and requirements necessary for the proper administration of the homestead exemption provided for by this Act. Section 4 . The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 5 . The exemption provided for by this Act shall apply to all taxable years beginning after December 31, 1992.

Page 4694

Section 6 . The exemption provided for by this Act shall be in addition to any other homestead exemption from City of Smyrna ad valorem taxes. Section 7 . The exemption provided for by this Act shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Smyrna or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Smyrna shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Smyrna for approval or rejection. The election superintendent shall conduct that election on the date of the municipal election in 1991 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 11 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 the City of Smyrna. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Page 4695

Section 9 . The homestead exemption applicable to City of Smyrna ad valorem taxes set forth in a constitutional amendment proposed by Ga. L. 1962, p. 976, as amended by Ga. L. 1972, p. 1440 and as amended by Ga. L. 1979, p. 1844, and duly ratified by the people and which was continued in force and effect by an Act approved March 28, 1986 (Ga. L. 1986, p. 5525), is repealed in its entirety. Section 10 . An Act providing for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older, approved March 21, 1989 (Ga. L. 1989, p. 3878), is repealed in its entirety. Section 11 . Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon becoming law without such approval. Sections 1, 2, 3, 4, 5, 6, 7, and 10 of this Act shall become effective at the last moment of December 31, 1992, but only if this Act is approved in the referendum provided for in Section 8 of this Act. Section 12 . 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 1991 session of the General Assembly of Georgia a bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 8 day of February, 1991. Senator Hugh Ragan 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

Page 4696

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 9, 1991. /s/ Hugh Ragan Senator, 32nd District Sworn to and subscribed before me, this 11th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. CITY OF SUGAR HILLCORPORATE LIMITS. No. 249 (Senate Bill No. 449). 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) and an Act approved March 22, 1990 (Ga. L. 1990, p. 4298), so as to change the corporate limits of the city; to annex certain property into the city; to deannex certain property from 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.

Page 4697

1988, p. 4603) and an Act approved March 22, 1990 (Ga. L. 1990, p. 4298), is amended by adding at the end of subsection (a) of Section 1.11A of said Act new paragraphs, to be designated paragraphs (8) through (17) to read as follows: (8) Tract 8 . All that tract or parcel of land lying and being in Land Lots 308 and 309 of the 7th Land District, Gwinnett County, Georgia, containing 42.4 acres as shown on plat of survey by S. R. Fields, Surveyor, dated July 28, 1959, recorded in Plat Book `H', Page 68, Gwinnett County Records, and more particularly described as follows: BEGINNING at an iron pin on the original land lot line separating Land Lots 308 and 309 at a corner with property now or formerly owned by J. F. Mosteller, Sr., and run thence South 31 degrees East along said land lot line 247 feet to a marked oak tree; run thense South 49 degrees East along property now or formerly owned by Homer Wright 518 feet to a poplar tree; run thence South 39 degrees 36 minutes West along property now or formerly owned by Robertson 1982 feet to a rock and iron pin; run thence North 32 degrees 53 minutes West along property now or formerly owned by Robertson 1232 feet to an iron pin; run thence North 58 degrees 05 minutes East along property now or formerly owned by Herbert Jones 534.8 feet to an iron pin; run thence North 35 degrees 29 minutes West 119 feet to a point; run thence North 57 degrees East 1224.7 feet to an iron pin on the original land lot line separating Land Lots 308 and 309, which is the place or point of beginning. (9) Tract 9 . ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 339, 340, 341, 344, 345, 346 and 347 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the point of intersection of the northwestern right-of-way of Suwanee-Buford Dam Road (an 80-foot right-of-way) with the northwestern right-of-way line of Ramey Road (a 60-foot right-of-way), and running thence in a northeasterly direction, along said right-of-way line of Suwanee-Buford Dam Road, along the slight arc of a 2,850.00-foot radius curve, an arc distance of 256.12 feet to an iron pin found (said arc being subtended

Page 4698

by a chord lying to the northwest of said arc and bearing N 33 05[UNK] 15[UNK] E a distance of 256.04[UNK]); thence N 76 41[UNK] 43[UNK] W a distance of 376.21[UNK] to an iron pin found; thence N 30 00[UNK] 36[UNK] W a distance of 150.10[UNK] to an iron pin found marking the TRUE POINT OF BEGINNING. FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence N 88 48[UNK] 46[UNK] W a distance of 850.00[UNK] to an iron pin found; thence S 55 05[UNK] 26[UNK] W a distance of 325.08[UNK], more or less, to a point in the centerline of a branch (said point being located N 34 35[UNK] 58[UNK] E a distance of 13.00 feet from an iron pin found and hereinafter referred to as `Traverse Point A'); thence in a generally westerly direction, along the centerline of said branch, a distance of 710.00[UNK], more or less, to a point (said point being located N 30 47[UNK] 22[UNK] W a distance of 4.5 feet from an iron pin found and hereinafter referred to as `Traverse point B'); (the centerline of the aforesaid branch having a traverse line being more particularly described as follows: Beginning at Traverse Point A and running thence S 71 32[UNK] 37[UNK] W a distance of 277.44[UNK] to a point; thence S 89 12[UNK] 32[UNK] W a distance of 256.84[UNK] to the iron pin found marking Traverse Point B); from the centerline of the branch running thence S 30 47[UNK] 22[UNK] E a distance of 334.50[UNK], more or less, to an iron pin found; thence S 29 58[UNK] 35[UNK] E a distance of 291.59[UNK] to an iron pin found on said northwestern right-of-way line of Ramey Road; thence in a northwesterly, southwesterly, westerly and northwesterly direction, along said right-of-way line of Ramey Road, the following courses and distances; N 86 28[UNK] 51[UNK] W a distance of 76.28[UNK] to a point; along the arc of a 656.84-foot radius curve an arc distance of 241.13[UNK] to a point (said arc being subtended by a chord lying to the south of said arc and bearing S 83 00[UNK] 09[UNK] W a distance of 239.78[UNK] to a point); S 72 29[UNK] 08[UNK] W a distance of 546.27[UNK] to a point; along the arc of a 1,370.80-foot radius curve an arc distance of 168.10[UNK] to a point (said arc being subtended by a chord lying to the northwest of said arc and bearing S 75 59[UNK] 50[UNK] W a distance of 167.99[UNK]); along the arc of a 249.28-foot radius curve an arc distance of 210.11[UNK] to a point (said arc being subtended by a chord lying to

Page 4699

the northeast of said arc and bearing N 69 31[UNK] 21[UNK] W a distance of 203.94[UNK]); N 45 21[UNK] 04[UNK] W a distance of 145.68[UNK] to an iron pin found; N 45 21[UNK] 06[UNK] W a distance of 150.19[UNK] to a point; along the sight arc of a 3,145.00[UNK] radius curve an arc distance of 368.90[UNK] to a point (said arc being subtended by a chord lying to the southwest of said arc bearing N 48 42[UNK] 27[UNK] W a distance of 368.69[UNK] to a point); N 51 28[UNK] 36[UNK] W a distance of 306.82[UNK] to a point; along the arc of a 681.20[UNK] radius curve an arc distance of 176.48[UNK] to a point (said arc being subtended by a chord lying to the southwest of said arc bearing N 56 28[UNK] 39[UNK] W a distance of 175.99[UNK] to a point); along the arc of a 220.01[UNK] radius curve an arc distance of 181.31[UNK] to the northeasterly corner of the termination of the right-of-way for Ramey Road (said arc being subtended by a chord lying to the northeast of said arc bearing N 40 00[UNK] 31[UNK] W a distance of 176.22[UNK]); running thence S 73 36[UNK] 00[UNK] W a distance of 60.00[UNK] across the termination of said Ramey Road right-of-way to its southwesterly corner; running thence along the southwesterly right-of-way of Ramey Road in a southeasterly direction the following courses and distances: along the arc of a 280.00[UNK] radius curve an arc distance of 231.80[UNK] to a point (said arc being subtended by a chord lying to the northeast of said arc and bearing S 40 07[UNK] 02[UNK] E a distance of 225.23[UNK] to a point); along the arc of a 621.21[UNK] radius curve an arc distance of 161.80[UNK] to a point (said arc being subtended by a chord lying to the southwest of said arc and bearing S 56 22[UNK] 23[UNK] E a distance of 161.34[UNK] to a point); S 51 28[UNK] 36[UNK] E a distance of 308.06[UNK] to a point; along the slight arc of a 3,085.00[UNK] radius curve an arc distance of 362.17[UNK] to a point (said arc being subtended by a chord lying to the southwest of said arc, bearing S 48 42[UNK] 37[UNK] E a distance of 361.96[UNK] to a point); S 45 21[UNK] 06[UNK] E a distance of 134.69[UNK] to a point; thence leaving said right-of-way of Ramey Road and running S 59 08[UNK] 46[UNK] W a distance of 5.95[UNK] to an iron pin found on the northwest line of property now or formerly owned by Jean Fontaine; thence S 59 03[UNK] 58[UNK] W along the line of said Fontaine property a distance of 795.75[UNK] to an iron pin found on the northeast line of property now or formerly owned by West Enterprises, Inc.; running thence N 30 36[UNK] 22[UNK] W along said West Enterprises line a distance of 1,794.61[UNK] to an iron pin set; running thence N 71 35[UNK] 09[UNK] W along said West Enterprises line a distance of 751.00[UNK] to an iron pin set on the top of the

Page 4700

southeastern bank of the Chattahoochee River (said iron pin being located N 71 35[UNK] 09[UNK] W a distance of 36.60 feet from a point being hereinafter referred to as `Traverse Point C'), which iron pin also has an approximate location adjacent to River Mile 344.66 as measured from the centerline of the Chattahoochee River; thence from said iron pin set in a northerly, northeasterly, northerly, northwesterly and northeasterly direction, along the top of said bank of the Chattahoochee River, a distance of 4,670.00 feet, more or less, to the point of intersection of the top of said bank of the Chattahoochee River with the line common to said Land Lots 345 and 346 (said point of intersection being located N 31 57[UNK] 53[UNK] W a distance of 7.0 feet from an iron pin which is hereinafter referred to as `Traverse Point E'); (the aforesaid top of the southeastern bank of the Chattahoochee River having a traverse line lying to the east and southeast thereof, being more particularly described as follows: beginning at Traverse Point C and running thence N 09 21[UNK] 33[UNK] W a distance of 167.02[UNK] to a point; thence N 00 51[UNK] 59[UNK] E a distance of 171.39[UNK] to a point; thence N 24 43[UNK] 37[UNK] E a distance of 192.27[UNK] to a point; thence N 09 49[UNK] 08[UNK] W a distance of 229.48[UNK] to a point; thence N 02 48[UNK] 50[UNK] E a distance of 181.22[UNK] to a point; thence N 12 29[UNK] 14[UNK] E a distance of 257.04[UNK] to an iron pin found; thence N 04 34[UNK] 20[UNK] E a distance of 288.13[UNK] to a point; thence N 36 45[UNK] 16[UNK] E a distance of 190.75[UNK] to a point; thence North 02 49[UNK] 53[UNK] W a distance of 122.63[UNK] to a point; thence N 55 09[UNK] 44[UNK] E a distance of 143.06[UNK] to a point; thence N 87 59[UNK] 13[UNK] E a distance of 123.53[UNK] to a point; thence N 73 37[UNK] 47[UNK] E a distance of 239.50[UNK] to a point; thence N 53 37[UNK] 23[UNK] E a distance of 147.47[UNK] to a point; thence N 45 27[UNK] 11[UNK] E a distance of 289.48[UNK] to a point; thence N 33 08[UNK] 29[UNK] E a distance of 146.28[UNK] to a point; thence N 38 40[UNK] 11[UNK] E a distance of 321.05[UNK] to a point; thence N 05 57[UNK] 24[UNK] E a distance of 346.35[UNK] to a point; thence N 07 40[UNK] 42[UNK] W a distance of 315.01[UNK] to a point; thence N 22 41[UNK] 59[UNK] W a distance of 225.44[UNK] to a point; thence N 01 48[UNK] 41[UNK] W a distance of 321.24[UNK] to a point; thence N 25 43[UNK] 17[UNK] E a distance of 296.72[UNK] to an iron pin found on the line common to said Land Lots 345 and 346 referred to as Traverse Point E); from the intersection of the line common to Land Lots 345 and 346 with the top of the bank of the Chattahoochee River run thence S 31 57[UNK] 53[UNK] E, along said line common to Land Lots

Page 4701

345 and 346, a distance of 1,621.40[UNK] to an iron pin found; thence S 70 27[UNK] 29[UNK] E a distance of 758.65[UNK] to an iron pin found within an old woods road; thence S 62 08[UNK] 46[UNK] E a distance of 286.68[UNK] to an iron pin found; thence S 87 9[UNK] 25[UNK] E a distance of 434.62[UNK] to an iron pin found; thence N 35 47[UNK] 50[UNK] E a distance of 1,170.34[UNK] to an iron pin found; thence N 36 21[UNK] 48[UNK] E a distance of 1,468.03[UNK] to an iron pin found on the southern right-of-way line of Georgia highway 20 (a 100-foot right-of-way); thence in an easterly and southeasterly direction along said right-of-way line of Georgia Highway 20, the following courses and distances: S 83 05[UNK] 14[UNK] E a distance of 294.35[UNK] to a point; and along the arc of a 1,382.39-foot radius curve an arc distance of 624.25[UNK] to an iron pin found (said arc being subtended by a chord lying to the southwest of said arc and bearing S 70 02[UNK] 51[UNK] E a distance of 618.96[UNK]); thence S 30 29[UNK] 04[UNK] W a distance of 314.10[UNK] to an iron pin found; thence S 50 32[UNK] 24[UNK] E a distance of 314.66[UNK] to an iron pin found; thence N 30 31[UNK] 12[UNK] E a distance of 314.25[UNK] to an iron pin found on said right-of-way line of Georgia Highway 20; thence in a southeasterly direction, along said right-of-way line of Georgia Highway 20, the following courses and distances: along the slight arc of a 1,382.39-foot radius curve an arc distance of 79.69[UNK] to a point (said arc being subtended by a chord lying to the southwest of said arc and bearing S 42 22[UNK] 56[UNK] E a distance of 79.68[UNK]); and S 40 43[UNK] 51[UNK] E a distance of 369.23[UNK] to a point; thence S 49 05[UNK] 29[UNK] W a distance of 357.21[UNK] to an iron pin found; thence S 40 57[UNK] 03[UNK] E a distance of 441.83[UNK] to an iron pin found; thence N 48 18[UNK] 40[UNK] E a distance of 93.98[UNK] to a 24-inch pine tree; thence S 84 48[UNK] 33[UNK] E a distance of 165.86[UNK] to an iron pin found; thence S 35 16[UNK] 23[UNK] W a distance of 237.66[UNK] to an iron pin found; thence S 40 20[UNK] 48[UNK] E a distance of 151.42[UNK] to an iron pin found; thence S 37 22[UNK] 45[UNK] W a distance of 50.12[UNK] to an iron pin found; thence S 59 16[UNK] 34[UNK] W a distance of 687.28[UNK] to an iron pin found; thence S 65 35[UNK] 55[UNK] W a distance of 141.22[UNK] to an iron pin found; thence S 27 06[UNK] 05[UNK] W a distance of 843.68[UNK] to an iron pin found within an old woods road, thence in a northwesterly, westerly and southwesterly direction, within said old woods road, the following courses and distances:

Page 4702

N 20 16[UNK] W a distance of 196.72[UNK] to a point; N 12 33[UNK] W a distance of 201.40[UNK] to a point; N 19 55[UNK] W a distance of 116.40[UNK] to an iron pin found; S 82 00[UNK] 29[UNK] W a distance of 49.27[UNK] to a point; S 80 29[UNK] W a distance of 100.00[UNK] to a point; S 78 54[UNK] W a distance of 200.00[UNK] to a point; S 79 29[UNK] W a distance of 100.00[UNK] to a point; S 77 21[UNK] W a distance of 243.00[UNK] to a point; S 51 05[UNK] W a distance of 100.00[UNK] to a point; and S 50 19[UNK] W a distance of 314.00[UNK] to an iron pin found; thence S 29 59[UNK] 56[UNK] E a distance of 614.46[UNK] to an iron pin found; thence S 58 30[UNK] 11[UNK] W a distance of 641.85[UNK] to an iron pin found; thence S 30 00[UNK] 36[UNK] E a distance of 1,420.30[UNK] to an iron pin found at the TRUE POINT OF BEGINNING. The above-described property is shown as Tract 1 containing 363.120 acres, more or less, and Tract 2 containing 97.925 acres, more or less, and containing in the aggregate 461.045 acres, more or less, as described according to plat of boundary survey prepared for Chicago Title Insurance Company and Ayrshire Corporation by Billy Ray Cheek, Georgia Registered Land Surveyor No. 1615, of Hayes, James Associates, dated August 11, 1989, revised January 19, 1990, which said plat of boundary survey is incorporated herein by this reference and made a part of this description. (10) Tract 10 . All that tract or parcel of land lying and being in Land Lot 348 of the 7th District, Gwinnett County, Georgia, and being more particularly described as Lots 1 through 9, Block A, and Lots 1 through 9, Block B, Suwanee Woodlands Subdivision Unit One, as shown on a plat recorded at Plat Book 45, Page 86, Gwinnett County, Georgia Records which plat is incorporated herein by reference for a more particular description and Lots 10 through 24, Block B, and Lots 10 through 27, Block A, Suwanee Woodlands Subdivision Unit Two, as recorded on a plat recorded in Plat Book 45, page 89, Gwinnett County Records which plat is incorporated herein by reference for a more particular description. (11) Tract 11 . All that tract or parcel of land lying and being in Land Lot 258 of the 7th District of Gwinnett County, Georgia, shown and delineated by plat of the survey of Higginbotham James, Sept. 3, 1963, as 0.09 acres, more particularly described as follows:

Page 4703

Beginning at a point on the southern margin of Davis Road at the point where the western margin of Queen Drive intersects Davis Road, said point being 296.8 feet southeast of the right-of-way of U.S. Highway #23 as measured along Davis Road and thence running along the southern margin of Davis Road a distance of 46.6 feet to an iron pin; thence South 15 degrees 38 minutes West 205.6 feet to an iron pin and property of Jones; thence running along property of Jones North 58 degrees 15 minutes West 76 feet to an iron pin and property of Queen; thence running along property of Queen North 24 degrees 14 minutes East 200 feet to the point of beginning. This tract includes a twenty (20) foot street leading from Davis Road in a southwesterly direction. It is made subject to an easement of ingress and egress to the property of Edwin K. Jones, his heirs and assigns. ALSO, all that tract or parcel of land lying and being in the 7th District of Gwinnett County, Georgia, being a part of Tract No. 4 of the W.R. Brogdon Estate as delineated by plat recorded in Plat Book F, page 153, Public Records of Gwinnett County, more particularly described as follows: Beginning at an iron pin on the western margin of a county road leading from U.S. Highway 23 at the point where the property of Corbin joins the property herein described, and thence running along the property of Corbin in a westerly direction a distance of 200 feet to an iron pin; thence running in a northerly direction a distance of 150 feet to an iron pin and Queen Drive, a 20 foot street; thence running along Queen Drive in an easterly direction a distance of 200 feet to an iron pin and said county road; thence running along the margin of said county road a distance of 150 feet to an iron pin, the point of beginning. (12) Tract 12 . All that tract or parcel of land lying and being in Land Lot 258 of the Seventh District of Gwinnett County, Georgia, more particularly described as follows: BEGINNING at a point on the Southwestern margin of Davis Road 116.8 feet southeast of the right-of-way of U.S. Highway #23 as measured along the center line of Davis Road; thence running along property of Queen southwesterly 250 feet, more

Page 4704

or less, to a point; thence southeasterly along property of Queen 180 feet to Queen Drive; thence Northeasterly along Queen Drive 50 feet to an iron pin; thence North 57 degrees 40 minutes West 150 feet to an iron pin; thence North 24 degrees 14 minutes East 200 feet to an iron pin and Davis Road; thence northwesterly along Davis Road 30 feet to the point of beginning. ALSO, All that tract or parcel of land lying and being in Land Lot 258 of the Seventh District of Gwinnett County, Georgia, and being a part of Tract No. Four of the W. R. Brogdon Estate, shown by plat recorded in Plat Book F, page 153, Public Records of Gwinnett County, Georgia, more particularly described as follows: BEGINNING at a point on the Southern margin of Davis Road, at the point where the Western margin of Queen Drive intersects Davis Road, said point being 296.8 feet Southeast of the right of way of U.S. Highway #23 as measured along the Southern margin of Davis Road, and thence running along the Western margin of Queen Drive South 24 degrees 14 minutes West 200 feet to an iron pin; thence running along property of Queen in a Northwesterly direction a distance of 150 feet to an iron pin; thence running along property of Queen in a Northeasterly direction a distance of 200 feet to the Southern margin of Davis Road; thence running along the Southern margin of Davis Road in a Southeasterly direction a distance of 150 feet to the point of beginning. This is a part of the same property described in Deed Book 122, page 171, Public Records of Gwinnett County, Georgia. (13) Tract 13 . All that tract and parcel of land lying and being in Land Lot 258 of the Seventh District of Gwinnett County, Georgia, more particularly described as follows: BEGINNING at the Western corner of property of Wade Queen at the point where said Western corner joins property of Everett Queen, said point being on the Western margin of Queen Drive at its end and thence running along property of Wade Queen South 58 degrees 15 minutes East 76 feet to an iron pin and property of Edwin K. Jones; thence running along property of Edwin K. Jones in a Southwesterly direction a distance

Page 4705

of 428 feet; thence running in a Northerly direction a distance of 191 feet to property of Everett Queen; thence running along property of Everett Queen in a Northeasterly direction a distance of 396 feet to the point of beginning. ALSO, All that tract or parcel of land lying and being in Land Lot 258 of the Seventh District of Gwinnett County, Georgia, more particularly described as follows: BEGINNING at a point on the Southeastern margin of U.S. Highway #23 at the point where the Northeastern corner of property of Clyde Davis joins the property herein described and thence running southeasterly along the meanderings of a branch 429 feet, more or less, to property of Jones; thence running northeasterly along property of Jones 346 feet, more or less, to property of Jackie L. and Emily K. Queen; thence running along property of Jackie L. and Emily K. Queen and property of Everett Queen in a northeasterly direction a distance of 340 feet, more or less, to an iron pin and the right of way of U.S. Highway #23; thence running along the right of way of U.S. Highway #23 250 feet, more or less, to the point of beginning. ALSO, All that tract or parcel of land lying and being in the Seventh District of Gwinnett County, Georgia, being a part of Tract No. 4 of the W.R. Brogdon Estate as delineated by plat recorded in Plat Book F, Page 153, Public Records of Gwinnett County, more particularly described as follows: Beginning at an iron pin at the Northwestern corner of property of Wade A. Queen on the Southern margin of Queen Drive, and thence running in a Southerly direction a distance of 150 feet to an iron pin and the property formerly belonging to the Brogdon Estate; thence running along said property along the ditch and small branch in a Westerly direction a distance of 470 feet, more or less, to an iron pin and a branch; thence running along the meanderings of said branch in a Northerly direction a distance of 150 feet to an iron pin; thence running along property of Everett Queen in an Easterly direction to the point of beginning. This is a part and parcel of the same property which was conveyed to Everett Queen by deed recorded in Deed Book 122, Page 171.

Page 4706

(14) Tract 14 . All that tract or parcel of land, lying and being in Gwinnett County and the State of Georgia and in the 7th land district thereof, and in Sugar Hill, G.M. District, and the same being more fully described as follows: Being a part of Tract No. 4 of the W. R. Brogdon Estate Subdivision as shown by plan and survey as made by S.C. Moore, Hall County, Georgia, Surveyor, and same being of record in the office of the Clerk of Superior Court of Gwinnett County, Georgia, in Plat Book F, page 153, and same being more fully described as follows: Commencing on the right of way of the Buford Atlanta Highway, U.S. Route #23, and running in a Southerly direction along the South side of a neighborhood road and along the line of John Oouke property, a distance of four hundred ninety-seven (497) feet, more or less, to a ditch and small branch; thence running in a Westerly direction, along the ditch and small branch and along the line of R.E. Brogdon property a distance of six hundred seventy (670) feet, more or less, to a branch, thence running in a Northerly direction along said branch and following its meanderings a distance of seven hundred seventy (770) feet, more or less, to the right of way of the New Buford Atlanta Paved Highway, U.S. Route No. 23; thence running along said highway and on the South side of said highway a distance of five hundred fourteen (514) feet, more or less, to the point of beginning. There is located on above described property a five room frame dwelling. The above dimensions are according to a plat survey made Oct. 16, 1954, by C.M. Higginbotham for S.R. Fields, Co. Surveyor, Ga. Reg. No. 739. This is the same property described in warranty deed from Lamar B. Whiting and Bona Allen, Jr. to Everett Queen dated December 20, 1955, recorded in Deed Book 122, page 171, Gwinnett County Deed Records. EXCEPT from the above property are those tracts previously conveyed from Everett Queen to Edwin K. Jones recorded in Deed Book 153. , page 591 , and Deed Book 202, page

Page 4707

510 ; to Wade Queen recorded in Deed Book 153 , page 592 , and Deed Book 228 , page 797 ; and to Jackie L. and Emily K. Queen recorded in Deed Book 233, page 316, and Deed Book 304, page 724, Gwinnett County Deed Records. (15) Tract 15 . All that tract or parcel of land lying and being in the 7th Land District, Land Lot 323 of Gwinnett County, and being more particularly described as follows: Beginning at the Land Lot corner common to land Lots 322, 323, 306 and 305, of the 7th Land District of Gwinnett County, Georgia proceeding North 29 degrees 17 minutes 11 seconds West 672.46 feet to a point; thence running N 40 54[UNK] 11[UNK] E an arc distance of 408.88 feet along the City of Sugar Hill City limits line to the Southeasterly right of way of Old Appling Road (50[UNK] R/W) Thence proceeding Northeasterly along the Southeasterly right of way of Old Appling Road the following Traverses and distances: North 80 degrees 25 minutes 12 seconds East 44.95 feet thence North 87 degrees 52 minutes 23 seconds East 21.36 feet; North 72 degrees 00 minutes 14 seconds East 56.47 feet; North 59 degrees 28 minutes 28 seconds East 50.61 feet; North 52 degrees 22 minutes 30 seconds East 47.89 feet; North 61 degrees 59 minutes 10 seconds East 44.81 feet; North 67 degrees 36 minutes 19 seconds East 43.98 feet; North 80 degrees 16 minutes 19 seconds East 46.36 feet; North 83 degrees 29 minutes 43 seconds East 91.05 feet; North 72 degrees 56 minutes 32 seconds East 53.06 feet; North 55 degrees 59 minutes 08 seconds East 69.90 feet; North 47 degrees 35 minutes 55 seconds East 74.09 feet; North 53 degrees 05 minutes 36 seconds East 43.78 feet; North 69 degrees 48 minutes 00 seconds East 108.33 feet; North 66 degrees 17 minutes 04 seconds East 109.05 feet; North 71 degrees 31 minutes 09 seconds East 92.76 feet; North 75 degrees 03 minutes 18 seconds East 41.20 feet; South 84 degrees 23 minutes 42 seconds East 40.46 feet; South 67 degrees 03 minutes 59 seconds East 43.84 feet; South 53 degrees 53 minutes 43 seconds East 31.58 feet to an iron pin; thence leaving said right-of-way and running South 34 degrees 14 minutes 29 seconds West a distance of 1413.34 feet to an iron pin; thence South 68 degrees 34 minutes 29 seconds West 209.00 feet to an iron pin which is the POINT OF BEGINNING.

Page 4708

Said tract of land containing 16.73 acres and being designated as Tract III B on a plat of survey prepared for Button-Gwinnett Landfill, Inc. by Brumbelow-Reese Assoc., Inc. dated 5-9-83 as revised 7-28-87 and 7-30-87 which plat is incorporated herein by reference for a more particular description. (16) Tract 16 . All that tract or parcel of land lying and being in Land Lot 348 of the 7th Land District of Gwinnett County, Georgia being a thirty foot maintenance easement located along the Northeasterly boundary of a tract of land purchased by the City of Sugar Hill from Guy B. Findley, James R. Magbee and Piper Development Company, Inc. on March 25, 1988 by warranty deed recorded in Deed Book 4815, Page 247, Gwinnett County Records. Said tract being designated as Old Suwanee-Buford Dam Road and as a thirty foot maintenance easement as shown on a plat of a boundary survey for Guy Findley and Baron Herman, Inc. prepared by Civil Design, Inc. dated October 9, 1987, as revised, which plat is recorded in Plat Book 44, Page 196, Gwinnett County Records and which plat is incorporated herein by reference for a more particular description. (17) Tract 17 . All that tract or parcel of land lying and being in Land Lot 322, 7th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a point on the center line of Austin Garner Road, which beginning point is on the original land lot line dividing Land Lots 322 and 337, and running thence North 58 degrees 30 minutes East a distance of 224.0 feet to a point; thence South 14 degrees 36 minutes East a distance of 206.1 feet to a point; thence South 48 degrees 30 minutes West a distance of 232.0 feet to a point on the center line of Austin Garner Road; thence North 5 degrees 43 minutes West a distance of 105.0 feet to a point; thence North 19 degrees 16 minutes West a distance of 105.0 feet to the point of beginning. Section 2 . Said Act is further amended by deleting the following described land from the property previously described in subsection (a) of Section 1.11A of said Act: All that tract or parcel of land lying and being in Land Lot 254 of the 7th Land District of Gwinnett County, Georgia, shown

Page 4709

and delineated by Plat of the survey of C.M. Higginbotham, Surveyor, October 1959, as 6.35 acres, more particularly described as follows: BEGINNING at an iron pin on the northern margin of U.S. Highway 23, said pin being located 1030 feet southwest of the point where land Lot 255 intersects the right of way of U.S. Highway 23 and thence running along the right of way of U. S. Highway 23 south 50 degrees 33 minutes west 108.9 feet; thence south 47 degrees 27 minutes west 129.9 feet; thence south 45 degrees 02 minutes west 90.8 feet; thence south 44 degrees 46 minutes west 141.3 feet; thence south 45 degrees 10 minutes west 444.4 feet; thence south 45 degrees 05 minutes west 425.9 feet; thence south 42 degrees 52 minutes west 117 feet; thence south 40 degrees 40 minutes west 94.5 feet; thence south 39 degrees 08 minutes west 115.5 feet; thence south 36 degrees 40 minutes west 88.7 feet; thence south 34 degrees 24 minutes west 143.8 feet to a point and the right of way of Southern Railway; thence running along the right of way of Southern Railway north 29 degrees 26 minutes east 225.6 feet; thence north 31 degrees 05 minutes east 198.2 feet; thence north 32 degrees 45 minutes east 183.9 feet; thence north 33 degrees 39 minutes east 119.1 feet; thence north 35 degrees 08 minutes east 297.4 feet; thence north 35 degrees 54 minutes east 190.5 feet; thence north 38 degrees 12 minutes east 190 feet; thence north 37 degrees 38 minutes east 196.3 feet; thence north 38 degrees 23 minutes east 146.8 feet; thence north 38 degrees 43 minutes east 204.7 feet to a point; thence running south 39 degrees 27 minutes east 296.5 feet to an iron pin, the point of beginning. Section 3 . Said Act is further amended by deleting tax parcel 7-254-1 from paragraph (1) of subsection (b) of Section 1.11A of said Act, entitled COMPLETE TAX PARCELS, and adding the following as paragraph (3) and paragraph (4) of subsection (b) of said section: (3) Complete Tax Parcels (1991 Addition) 7-258-025 7-348-038 7-348-064 7-258-025 A 7-348-039 7-348-065 7-258-025 B 7-348-040 7-348-066 7-258-025 C 7-348-041 7-348-067 7-258-078 7-348-042 7-348-068 7-309-4 7-348-043 7-348-069 7-322-037 7-348-044 7-348-070 7-348-5 7-348-045 7-340-004 A 7-348-019 7-348-046 7-340-011 7-348-020 7-348-047 7-341-001 7-348-021 7-348-048 7-341-002 7-348-022 7-348-049 7-346-006 7-348-023 7-348-050 7-347-020 7-348-024 7-348-051 7-348-025 7-348-052 7-348-026 7-348-053 7-348-027 7-348-054 7-348-028 7-348-055 7-348-029 7-348-056 7-348-030 7-348-057 7-348-031 7-348-058 7-348-032 7-348-059 7-348-033 7-348-060 7-348-034 7-348-061 7-348-035 7-348-062 7-348-036 7-348-063 (4) Incomplete Tax Parcels (1991 Addition) 7-323-1 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 1991 Session of the General Assembly of Georgia a Bill to amend an Act providing a new Charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232) as amended, to provide for a change in the corporate limits of the city and for other purposes. This 11th day of February, 1991. Mayor and Council City of Sugar Hill, Georgia.

Page 4711

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald L. White, 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 Home Weekly which is the official organ of Gwinnett County, on the following date: February 14, 1991. /s/ Donald L. White Senator, 48th District Sworn to and subscribed before me, this 27th day of February, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved April 4, 1991. CITY OF HAWKINSVILLENEW CHARTER. No. 250 (Senate Bill No. 454). AN ACT To provide a new charter for the City of Hawkinsville; 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 organization and procedures; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city

Page 4712

manager, 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 construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Name. The city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style City of Hawkinsville, 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 Hawkinsville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or descrption. (b) The board of commissioners 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

Page 4713

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 the city. These powers 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 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

Page 4714

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 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 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 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;

Page 4715

(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, 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; (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 4716

(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extention 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; (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 board of commissioners 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 police officers and to establish,

Page 4717

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, correctional, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (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, 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 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,

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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; (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

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the collection and disposal of garbage, rubbish, and refuse by others; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, the manufacture, sale, or transportation of any 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 fortune telling, 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; (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

Page 4720

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 . Board of commissioners 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 board of commissioners to be composed of five citizens. The board of commissioners shall be elected in the manner provided by this charter. Section 2.11 . Board of commissioners; terms and qualifications for office. The members of the board of commissioners shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as commissioner unless he shall have been a resident of the city immediately prior to qualifying for election to the board; 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 commissioner shall become vacant upon the incumbent's death, resignation, 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 commissioner

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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 commissioner in any manner authorized by the general laws of the State of Georgia, the board of commissioners 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 board of commissioners shall receive compensation and expenses for their services as provided by ordinance. 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: (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, 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

Page 4722

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) 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 board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest and such disclosure shall be entered on the records of the board of commissioners, 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 propertyNo 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 board of commissioners 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 board of commissioners. (e) Ineligibility of elected officialExcept where authorized by law, no commissioner shall hold any other elective or compensated

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appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which he was elected. No former commissioner shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employeesNo 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) 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 . General power and authority of the board of commissioners. Except as otherwise provided by the charter, the board of commissioners shall be vested with all the powers of government of this city as provided by Article I. Section 2.16 . Eminent domain. The board of commissioners 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, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

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Section 2.17 . Organizational meetings. The board of commissioners 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 office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of commissioner 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 the United States of America. At its first organizational meeting the vice chairman elected the previous year will be confirmed by roll-call vote to succeed to the position of chairman. The chairman and vice chairman shall serve at the pleasure of the board of commissioners. The chairman shall continue to vote and otherwise participate as a member at the board of commissioners. The board of commissioners at such time shall fill all appointive officers and positions. Section 2.18 . Powers and duties of chairman. The chairman shall: (1) Preside at all meetings of the board of commissioners; (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. Section 2.19 . Meetings. (a) The board of commissioners shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the board of commissioners may be held on call of the chairman or two members of the board of commissioners. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least

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24 hours in advance of the meeting. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the board of commissioners 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 2.20 . Rules of procedure. The board of commissioners shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of minutes of a journal of its proceedings, which shall be a public record. Section 2.21 . Quorum: voting. (a) Three commissioners shall constitute a quorum and shall be authorized to transact business of the board of commissioners. 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 commission 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 commissioners 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 board of commissioners of the City of Hawkinsville hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any commissioner and be read at a regular or special meeting of the board of commissioners. Ordinances shall be considered and adopted or rejected by the board of commissioners 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 each commissioner and shall file a reasonable number of copies in the office of the clerk and at such other public places as the board of commissioners may designate.

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Section 2.23 . Action requiring an ordinance. Acts of the board of commissioners 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 board of commissioners may convene on call of the chairman or two commissioners 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 two commissioners 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 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 counties 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 board of commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

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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 board of commissioners. (b) The board of commissioners 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 board of commissioners by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations regulations as the board of commissioners may specify. This compilation shall be known and cited officially as The Code of the City of Hawkinsville, Georgia. Copies of the code shall be furnished to all departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the board of commissioners. (c) The board of commissioners shall cause each ordinance 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 board of commissioners. 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 board of commissioners 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 . City manager; appointment; qualifications; compensation. The board of commissioners shall appoint a city manager and shall fix the compensation. The manager shall be appointed solely on the basis of that person's executive and administrative qualifications and need not be a resident of the city when appointed. Section 2.28 . Removal of city manager. (a) The board of commissioners may remove the manager from office in accordance with the following procedures:

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(1) The board of commissioners shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, he may file with the board of commissioners 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 board of commissioners 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) above, the board of commissioners 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 board of commissioners 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 manager shall continue to receive his salary until the effective date of a final resolution of removal. Section 2.29 . Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the board of commissioners, 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 board of commissioners 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. He shall be responsible to the board of commissioners for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties:

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(1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove a city clerk and such other city employees and administrative officers he appoints, except as otherwise provdied 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 but should recommend and personally witness hiring, firing, and disciplinary action so as to reduce liability claims; (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 board of commissioners 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 board of commissioners, 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 board of commissioners; (6) He shall submit to the board of commissioners 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 board of commissioners may require concerning the operations of city departments, offices and agencies subject to his direction and supervision; (8) He shall keep the board of commissioners fully advised as to the financial condition and future needs of the city, and make recommendations to the board of commissioners concerning the affairs of the city as he deems desirable; and

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(9) He shall perform other such duties as are specified in this charter or as may be required by the board of commissioners. Section 2.31 . Board's interference with administration. The board of commissioners 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 board of commissioners nor its members shall give orders to any such officer or employee, either publicly or privately. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10 . Department heads. (a) Except as otherwise provided in this charter, the board of commissioners 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 city manager, be responsible for the administration and direction of the affairs and operations of his department or agency. Section 3.11 . Boards, commissions, and authorities. (a) The board of commissioners shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, or quasi-legislative function the board of commissioners deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

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(b) All members of boards, commissions, and authorities of the city shall be appointed by the board of commissioners 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 board of commissioners 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) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the board of commissioners. (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. 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 . City attorney. The board of commissioners 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 board of commissioners as directed; shall advise the board of commissioners, and other officers and employees of the

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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 . 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 board of commissioners 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 board of commissioners 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 city officials are not city employees. Section 3.14 . Personnel policies. The board of commissioners shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10 . Creation; name. There shall be a court to be known as the Municipal Court of the City of Hawkinsville.

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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 appointed 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. All judges shall be appointed by the board of commissioners. (c) Compensation of the judges shall be fixed by the ordinance. (d) Judges may be removed for cause by a vote of four members of the board of commissioners. (e) Before assuming office, each judge shall take an oath, given by the chairman of the board of commissioners, 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 on the minutes of the board of commissioners journal required in Section 2.20. Section 4.12 . Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be

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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 days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such law as

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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 Pulaski 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 Pulaski County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 4.15 . Rules for court. The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the board of commissioners may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings. ARTICLE V ELECTIONS Section 5.10 . Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Regular elections; time for holding. The board of commissioners shall cause an election to be held at the city hall or such other place in the city as the board of commissioners shall direct and designate. The date of all general municipal elections occurring before January, 1993, shall be specified by municipal ordinance. All general municipal elections held subsequent

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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 2.17 of this charter. Notwithstanding any provision of this charter to the contrary, 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 law. Section 5.12 . Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the board of commissioners, 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. The commissioners 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 commissioner shall become vacant for any cause whatsoever, 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, those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.15 . Removal of officers. (a) The board of commissioners or any appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:

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(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; (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 commissioner's 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 three commissioners after an investigative hearing. In the event an elected officer is sought to be removed by the action of the board of commissioners, 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 board of commissioners to the Superior Court of Pulaski 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 Pulaski County following a hearing on a complaint seeking such removal brought by any resident of the City of Hawkinsville.

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ARTICLE VI FINANCE Section 6.10 . 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, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the board of commissioners in its discretion. Section 6.11 . Millage rate; due dates; payment methods. The board of commissioners 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 board of commissioners 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. Section 6.12 . 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 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 board of commissioners may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. Section 6.13 . Licenses; permits; fees. The board of commissioners by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The board of commissioners by ordinance may establish

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reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The board of commissioners 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, electric companies, cable television, gas companies, transportation companies and other similar organizations. The board of commissioners shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The board of commissioners shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The board of commissioners may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service charges; sewer connections. The board of commissioners 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 and 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. Section 6.16 . 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, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The board of commissioners by ordinance may provide generally for the

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collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. Section 6.19 . General obligation bonds. The board of commissioners 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 6.20 . Revenue bonds. Revenue bonds may be issued by the board of commissioners 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 board of commissioners 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 board of commissioners shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Submission of operating budget to board of commissioners. On or before a date fixed by the board of commissioners but not later than 30 days prior to the beginning of each

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fiscal year, the city manager shall submit to the board of commissioners 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 and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The board of commissioners 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 board of commissioners shall adopt the final operating budget for the ensuing fiscal year not later than the last day of June of each year. If the board of commissioners 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 board of commissioners 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 board of commissioners shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by

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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 board of commissioners by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28 . Capital improvements. (a) On or before the date fixed by the board of commissioners, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the board of commissioners a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The board of commissioners shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The board of commissioners shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The board of commissioners shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of June 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 6.29 . Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by

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a certified public accountant selected by the board of commissioners. 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 board of commissioners and such approval is entered in the board of commissioners journal of proceedings pursuant to Section 2.20 of this charter. Section 6.31 . Purchasing. The board of commissioners shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of property. (a) The board of commissioners 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 board of commissioners may quitclaim any rights it may have in property not needed for public purposes upon request 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 board of commissioners may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract

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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 board of commissioners 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 board of commissioners. Section 7.12 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing board of commissioners 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 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 board of commissioners. Section 7.14 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.15 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. Section 7.16 . Specific repealer. An Act incorporating the City of Hawkinsville in the County of Pulaski, approved December 18, 1902 (Ga. L. 1902, p. 446), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.17 . Effective date. This Act shall become effective on January 1, 1992. Section 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF Pulaski AFFIDAVIT OF PUBLISHER Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie C. Southerland, who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville Dispatch News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch

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News, a local newspaper of general circulation in Hawkinsville Pulaski County, Georgia, on February 13, 1991. This 13 day of February, 1991. /s/ Charlie C. Southerland Sworn to and subscribed before me this 13 day of February, 1991. /s/Bernice F. Southerland Notary Public My Commission Expires: 6/12/92 LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide a new charter for the City of Hawkinsville; to provide for the incorporation, powers, and boundaries of said city; to provide for governing authority; to provide for city organization, personnel, and physical administration; to provide for all other matters necessary and proper for the city to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 12th day of February, 1991. Walter S. Ray State Senator, 19th District 2-13-3tc C Approved April 4, 1991.

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CITY OF YOUNG HARRISCORPORATE LIMITS. No. 251 (House Bill No. 945). AN ACT To amend an Act granting a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act granting a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), is amended by adding between Sections 1.02 and 1.03 a new Section 1.02A to read as follows: Section 1.02A. Additional Corporate Boundaries. In addition to the corporate limits and boundaries described in Section 1.02 of this Act, the corporate limits of the City of Young Harris shall also include the following land: Beginning at that certain point on the North boundary of the corporate limits of the City of Young Harris, formed by the intersection of the North boundary of said City limits with the West right-of-way line of U.S. Highway 76; thence Westerly along the corporate limits of the City of Young Harris to that point formed by the intersection of the corporate limits of the City of Young Harris with the North right-of-way line of Meadow Drive; thence Northwesterly along the North right-of-way line of Meadow Drive and including the entire right-of-way of Meadow Drive parallel with and adjacent to 9 courses and distances as follows: North 35 degrees 38 minutes 14 seconds West 20.10 feet, North 35 degrees 35 minutes 41 seconds West 136.87 feet, North 41 degrees 42 minutes 09 seconds West 92.27 feet, North 50 degrees 50 minutes 42 seconds West 52.57 feet, North 56 degrees 16 minutes 16 seconds West 50.93 feet, North 61 degrees 43 minutes 59 seconds West 51.71 feet, North 71 degrees 10 minutes 29 seconds West 126.84 feet, North 80 degrees 24 minutes 57 seconds West 96.69 feet, and North 83 degrees 58 minutes 04 seconds West 111.58 feet to a point; thence North 07 degrees 14 minutes 01 seconds East 96.79 feet

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to the centerline of Corn Creek; thence Westerly down the centerline of Corn Creek to the intersection of the centerline of Corn Creek with the centerline of Brasstown Creek; thence Northerly along the centerline of Brasstown Creek to a point at a South boundary line of the property owned by the State of Georgia, Department of Natural Resources, located in Land Lot 99 of the 17th District, 1st Section of Towns County, Georgia; thence North 89 degrees 24 minutes East along said South boundary of the property now owned by the State of Georgia, Department of Natural Resources, 1687.59 feet to an iron pin and Department of Natural Resources marker on the West right-of-way line of U.S. Highway 76; thence North 89 degrees 24 minutes East to the centerline of the right-of-way of U.S. Highway 76; thence North along the centerline of U.S. Highway 76 to a point formed by the extension of the centerline of an intersecting road, said point being the extension of the boundary between the property now or formerly owned by C. D. Corn and property now owned by the State of Georgia, Department of Natural Resources; thence North 82 degrees 57 minutes East along said extended boundary and the boundary of the property now or formerly owned by C. D. Corn and the property now owned by the State of Georgia, Department of Natural Resources 125 feet to a point; thence South 125 feet from and parallel with the centerline of the right-of-way of U.S. Highway 76 to a point formed by the intersection of said parallel boundary with the South boundary of the property now or formerly owned by C. D. Corn with the North boundary of property now or formerly owned by Ellen Nelms, said point being parallel with an iron pin on the East line of land Lot 98 located South 00 degrees 08 minutes East 1271.65 feet from the Northeast corner of Land Lot 98; thence North 89 degrees 24 minutes East along the South boundary of the property now or formerly owned by C. D. Corn to a point 100 feet from the East right-of-way line of U.S. Highway 76; thence South 100 feet from and parallel with the East right-of-way line of U.S. Highway 76 to a point formed by the intersection of said parallel boundary with the North boundary of the corporate limits of the City of Young Harris; thence West along the corporate limits of the City of Young Harris set forth in Section 1.02 of this Act, above, to the Point of Beginning, including all persons and property within the boundaries of said description.

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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 Session of the General Assembly of Georgia a Bill to amend the Act to grant a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, Vol. II, p. 4470 et seq.), to expand the corporate limits, and for other purposes. This the 21st day of February, 1991. Ralph Twiggs, Representative 4th District, Post 2 from Towns County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, Georgia, on the following date: 21st day of February, 1991. /s/ Ralph Twiggs Representative, 4th District

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Sworn to and subscribed before me, this 28th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 4, 1991. TALLAPOOSA JUDICIAL CIRCUITADDITIONAL ASSISTANT DISTRICT ATTORNEY. No. 382 (House Bill No. 493). AN ACT To provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office; to provide for county payments of compensation and expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The District Attorney of the Tallapoosa Judicial Circuit is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, one full-time or part-time assistant district attorney who shall serve at the pleasure of the District Attorney and shall assist the District Attorney in the performance of his duties. (b) The assistant district attorney authorized by this section shall have been admitted to the practice of law in all of the courts of the State of Georgia and be a member in good standing of the State Bar of Georgia.

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(c) The assistant district attorney appointed pursuant to this section shall be considered an employee of Paulding County and be compensated pursuant to the provisions of Code Section 15-18-14 of the Official Code of Georgia Annotated, The exact amount of said compensation shall be determined by the District Attorney of the Tallapoosa Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of the counties comprising the Tallapoosa Judicial Circuit in the manner provided in subsection (e) of this section. (d) The assistant district attorney appointed pursuant to this section shall be paid travel expenses in the amount and manner provided by Code Section 15-18-12 of the Official Code of Georgia Annotated. The assistant district attorney shall once a month submit a detailed and certified statement of the items of expense due, as authorized by this section, to the District Attorney of the Tallapoosa Judicial Circuit. The District Attorney shall audit each amount and, if found correct, shall approve same for payment and transmit the amount due said assistant district attorney to the comptroller of Paulding County for payment. (e) Each county comprising the Tallapoosa Judicial Circuit shall pay to Paulding County on a monthly basis that percentage of the total cost, including travel expenses, for the assistant district attorney appointed pursuant to this section that the population of each county bears to the total population of all counties within the Tallapoosa Judicial Circuit, according to the United States decennial census of 1980 or any future such census. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for an additional assistant district attorney for the Tallapoosa Circuit

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and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office; to provide for county payments of compensation and expenses; to repeal conflicting laws; and for other purposes. This 10th day of January, 1991. s/ W. A. Foster, III, District Attorney. Legal #945 1/17 AFFIDAVIT GEORGIA Haralson County To Whom It May Concern: This is to certify that the legal notice attachment hereto has been published in the THE GATEWAY BEACON legal organ for Haralson County The following dates, to-wit: 1/17 Sworn to on this 29 day of January, 1991 /s/ Julianna Foster Publisher Sworn to and subscribed before me this 29 day of January, 1991 /s/ Anita C. Estes Notary Public, Haralson County, Georgia My Commission Expires April 19, 1994 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for an additional assistant district attorney for the Tallapoosa

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Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office; to provide for county payments of compensation and expenses; to repeal conflicting laws; and for other purposes. This 10th day of January, 1991. s/ W. A. Foster, III, District Attorney. 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 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: January 17, 1991. /s/ L. Charles Watts Representative, 114th District Sworn to and subscribed before me, this 1st day of February, 1991. /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 hereby given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to provide for an additional assistant district attorney for the Tallapoosa Circuit and provide for appointment, qualifications employment status, duties, compensation, and expenses of such office; to provide for county payments of compensation and expenses; to repeal conflicting laws; and for other purposes.

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This 10th day of January, 1991. s/ W. A. Foster, III, District Attorney Tallapoosa Judicial Circuit January 15, 1991 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 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following date: January 15, 1991. /s/ L. Charles Watts Representative, 114th District Sworn to and subscribed before me, this 1st day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 10, 1991.

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METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYINTEREST INCOME; OPERATING COSTS. No. 422 (House Bill No. 657). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking from the last sentence of subsection (i) of Section 25 the following: July 1, 1991, and inserting in lieu thereof the following: June 30, 1994, 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

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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 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 June 30, 1994, interest earned on reserve funds set aside:

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(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 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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 31st day of January, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly

Page 4758

which is the official organ of Gwinnett County, on the following date: February 7, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 8th day of February, 1991. /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 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 27, 1990. /s/ C. Dean Alford Representative, 57th District

Page 4759

Sworn to and subscribed before me, this 16th day of January, 1991. /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 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: December 27, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4760

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 28, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) MISCELLANEOUS NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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

Page 4761

1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: December 26, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 8th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 11, 1991. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYANNUAL REPORT; FILING; PUBLIC NOTICE; PUBLICATION. No. 423 (House Bill No. 658). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965

Page 4762

(Ga. L. 1965, p. 2243), as amended, so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings; to delete certain publication requirements; 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 Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking Section 14A in its entirety and substituting therefor a new Section 14A to read as follows: Section 14A . The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall prepare an annual report for the period ending June 30 of each year. Each annual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. The Authority shall also prepare a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The annual report and lists required by this Section

Page 4763

shall be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The annual report and lists required by this Section shall be prepared and filed within forty-five days of the end of the reporting period, shall be made available at the Authority's principal office for public inspection at all times during regular business hours of the Authority following such filing, and notice of such availability shall be published in a daily newspaper of general circulation within the entire geographic area of the Authority's operation within fifteen days after filing. Such notice shall occupy at least one quarter of a full page in such newspaper. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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 31st day of January, 1991. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Home Weekly

Page 4764

which is the official organ of Gwinnett County, on the following date: February 7, 1991. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 8th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) MISCELLANEOUS NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily which is the official organ of Clayton County, on the following date: December 26, 1990. /s/ C. Dean Alford Representative, 57th District

Page 4765

Sworn to and subscribed before me, this 8th day of February, 1991. /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 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: December 28, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL)

Page 4766

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1991 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 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: December 27, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 16th day of January, 1991. /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 1991 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

Page 4767

1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 17th day of December, 1990. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: December 27, 1990. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 16th day of January, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 11, 1991. FULTON COUNTYRODENT INSPECTION AND CONTROL SERVICES; RAT POISON. No. 519 (Senate Bill No. 225). AN ACT To provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who

Page 4768

are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions; 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) County health department shall mean the Fulton County Health Department or such other department as the governing authority of Fulton County may designate as being responsible for rodent control. (2) Occupier shall mean the head of the household or other responsible adult dwelling in a residential unit. (3) Residential unit shall mean any house, condominium, or apartment intended for and used as a dwelling and located within Fulton County. Section 2 . (a) Upon the request, made in person or through an agent, orally or in writing, of any occupier of a residential unit who is 65 years of age or older or who is physically handicapped and is financially unable to pay for such services, the county health department shall cause to be made free of charge an inspection of the residential unit for the presence of rodents. (b) If the inspection by the county health department made pursuant to subsection (a) of this section reveals the presence of rodents, or upon the request of the occupier of the residential unit, as described in subsection (a) of this section, without regard to the inspection, the county health department shall commence and continue such control and eradication procedures as are reasonably required to control or eradicate rodents in the residential unit. Such control and eradication procedures shall be provided without cost to the occupier. Section 3 . All occupiers of residential units who are 65 years of age or older or who are physically handicapped and are

Page 4769

financially unable to pay for such services shall be afforded equal access to rat poison and other rodent control substances and devices without regard to whether they own, lease, or rent the residential units. 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 1991 session of the General Assembly of Georgia a bill to require Fulton County to provide rodent inspection without charge to residential units owned or occupied by persons 65 years of age or older; and for other purposes. This 30th day of January, 1991. HILDRED W. SHUMAKE GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hildred W. Shumake, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 1, 1991. /s/ Hildred W. Shumake Senator, 39th District

Page 4770

Sworn to and subscribed before me, this 4th day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 16, 1991. CITY OF GRAHAMCHARTER. No. 529 (House Bill No. 1027). AN ACT To incorporate and provide a charter for the City of Graham; 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 conflicting laws; and for other purposes.

Page 4771

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Graham in Appling County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Graham. References in this charter to the city refer to the City of Graham. The city shall have perpetual existence. Section 1.11 . Corporate boundaries. The boundaries of the City of Graham shall be as follows: To find the point of beginning, proceed from the Northwest corner of lot 417 due East along the North lot line a distance of 1250 feet to the true point of beginning. Thence continue along lot line due East to the Northeast corner of Lot 417. Thence continue due East from the Northeast corner of lot 417 along the North lot line of Lot 418 1620 feet to a point on the North lot line of Lot 418. Thence leave the Lot line in a Southeastern direction on a bearing that will intersect the East line of Lot 418 2000 feet South of the Northeast Corner of Lot 418. Thence proceed South along East Lot line of Lot 418 to a point 900 feet North of the Southeast Corner of Lot 418. Thence proceed in a Southwestern direction to a point midway Lot 399, said point is 2000 feet North of the South Lot line of Lot 399. (Note this point is midway Lot 399 East and West, But not North and South). Thence proceed Due West to a point on the West Line of Lot 399, said point being 2000 feet North of the Southwest Corner of Lot 399. Thence proceed in a Northwestern direction to a point on the North Lot line of Lot 400, said point being 1250 feet Due East of The Northwest Corner of Lot 400. Thence proceed Due North parallel to the West Line of Lot 417 to the point of beginning. Section 1.12 . Municipal powers. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. The city

Page 4772

shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. 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 the 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

Page 4773

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 Official Code of Georgia Annotated 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 4774

(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 4775

(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 4776

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 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 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 4777

(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;

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(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, theartical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary 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

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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 the 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 initial mayor of the city shall be W. Buddie Miller. The initial councilmembers of the city shall be R. A. Strickland, Martin Stone, Jesse Conaway, and Valeria Sellers. Such initial mayor and councilmembers shall have initial terms of office expiring on December 31, 1992, and until their successors are elected and qualified. Following such initial terms of the initial mayor and initial councilmembers, the mayor and councilmembers shall serve for terms of two years each and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city, or the territory included in the initial corporate limits of the 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 the 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

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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 said notice within the time provided for in Chapter 3 of Title 21 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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) For the purpose of electing members of the council, the City of Graham shall consist of one election district. Candidates for councilmember need not designate a post on such council but shall be eligible for any one of the four seats on the council. (d) On the Tuesday next following the first Monday in November, 1992, and on that day quadrennially thereafter, there shall be elected a mayor and four councilmembers. The terms of the offices shall begin on January 1 following the date of the 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 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

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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 Official Code of Georgia Annotated, 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 for mayor receiving the highest number of the votes cast for such office shall be elected. The four candidates for councilmembers receiving the highest number of votes cast for councilmembers shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive no compensation for their services but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties if such reimbursement is approved by the mayor and 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

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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 the 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.

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(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. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:

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(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 Appling 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 Appling County following a hearing on a complaint seeking such removal brought by any resident of the City of Graham. 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 the 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 the City of Graham 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

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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 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

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at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Graham hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.

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Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 3.20 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly

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indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Graham, 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 the city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this 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 the city, the mayor shall:

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(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) 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

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(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. 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 the city.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.

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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be

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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: (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 known as the Municipal Court of the City of Graham.

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Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (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,

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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 georgraphic area of the city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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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 Appling County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE Section 6.10 . Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. Section 6.11 . Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in the city or who practice or offer to practice any profession or calling within the city to the extent such persons have

Page 4797

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 6.18 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 the 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 the city's streets and alleys for the purpose 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.

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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. The city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the 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.

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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 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 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

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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 the 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

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for the ensuing fiscal year not later than the first day of each 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: (1) It is 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

Page 4802

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 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 the 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 . Definitons and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . 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 1991 session of the General Assembly of Georgia a bill to incorporate the City of Graham; to grant a charter to said city; and for other purposes. This 18 day of January, 1991. W. Buddie Miller, Martin Stone, R.A. Strickland, Jesse Conaway, and Valeria Sellers. 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 Baxley News-Banner which is the official organ of Appling County, on the following date: January 24, 1991. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me, this 6th day of March, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL)

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CERTIFICATE OF EXISTENCE OF MINIMUM STANDARDS FOR INCORPORATION OF A CITY 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 Act creating the City of Graham and the city created thereby comply with the minimum standards for the incorporation of a city contained in Chapter 31 of Title 36 of the Official Code of Georgia Annotated as to the area embraced within the corporate limits. /s/ Roger C. Byrd Representative, 153rd District Sworn to and subscribed before me this 6th day of March, 1991. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 Approved April 17, 1991. CITY OF ATLANTASOLID WASTE DISPOSAL FACILITY SITES AND PLANS. No. 585 (Senate Bill No. 386). AN ACT To provide that the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to

Page 4805

provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) As of the effective date of this Act, the Council of the City of Atlanta shall not take any action to select a site for or to approve the operation of any additional municipal solid waste disposal facility, as defined in Code Section 12-8-22 of the O.C.G.A., specifically including, but not limited to, a sewage sludge incinerator until the council enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the city in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the O.C.G.A. (b) As of the effective date of this Act, the Council of the City of Atlanta shall not take any action to select a site for or to approve the operation of any additional private solid waste disposal facility, as defined in Code Section 12-8-22 of the O.C.G.A., which has not filed an application for review and approval with the Environmental Protection Division of the Department of Natural Resources, specifically including, but not limited to, a sewage sludge incinerator until the council enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the city in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the O.C.G.A. (c) This Act shall apply to any sites under consideration on the effective date of this Act and shall not apply to existing sites in operation on the effective date of this Act except for sewage sludge incinerators. 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 session of the General Assembly of Georgia a bill to restrict the selection of any new municipal solid waste facility site; and for other purposes. This 18th day of February, 1991. DAVID SCOTT Senator, 36th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Scott, who, on oath, deposes and says that he is Senator from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 22, 1991. /s/ David Scott Senator, 36th District Sworn to and subscribed before me, this 22nd day of February, 1991. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved April 24, 1991.

Page 4807

ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES

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ROCKDALE COUNTYBOARD OF COMMISSIONERS; RECORDS; MINUTES. ORDINANCE 1990-3 AN ACT TO CREATE A BOARD OF COMMISSIONERS OF 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 OF 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

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PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA. L. 1977, P. 2817); AS AMENDED. Section 2-109 of said act is amended by deleting said section in its entirety and substituting therefore the following: Section 2-109 Records; Minutes. The executive assistant shall be ex-officio clerk of the commission and the chairman and shall keep a proper and accurate book of the minutes wherein shall appear all the acts, orders and proceedings of the commission in chronological order. The minute books of the commission shall be open to the public for inspection during regular office hours; and certified copies of any entries therein shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the County treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. SECTION II This ordinance shall become effective on the second and final adoption as provided by law. SECTION III All ordinances, or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed. First adopted this 27th day of February, 1990. Second adopted this 13th day of March, 1990. BOARD OF COMMISSIONERS /s/ Randolph W. Poynter /s/ Norman Wheeler /s/ Bud Sosebee Attest:

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/s/ Sarah R. Alexander Ex Officio Clerk Approved as to form: /s/ John Nix County Attorney Publicly advertised 2-15-90 2-22-90 3-1-90 LEGAL HOME RULE AMENDMENT Please take notice that pursuant to County Home Rule Authority under the Georgia Constitution Article IX, Sec. II, the Board of Commissioners has before it a proposal to amend House Bill 610, Ga. laws 1977, page 2817 Section 2-109 Records and Minutes. 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. 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. Jean F. Hambrick Administrative Assistant Board of Commissioners 3tcF15, 22, M1thurs 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:

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February 15, 1990 February 22, 1990 March 1, 1990 /s/ Jane O. Patterson JANE O. PATTERSON Sworn to and subscribed before me this 1st day of March, 1990. /s/ Margaret H. May Notary Public, Newton County, Georgia My Commission Expires May 18, 1993 Filed in the Office of the Secretary of State March 20, 1990. CHATHAM COUNTYCOUNTY POLICE FORCE; OATH OF OFFICE. STATE OF GEORGIA [UNK] COUNTY OF CHATHAM CHATHAM COUNTYLOCAL LEGISLATION AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF CHATHAM COUNTY, GEORGIA, UNDER THE HOME RULE PROVISIONS IN THE GEORGIA CONSTITUTION TO AMEND THE ACT RELATIVE TO CHATHAM COUNTY, COUNTY POLICE FORCE ESTABLISHED, 1909 GA. LAWS, P. 378, SO AS TO AMEND SAID ACT, TO REPEAL CONFLICTING LAWS, AND FOR OTHER PURPOSES.

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BE IT ORDAINED by the Board of Commissioners of Chatham 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, Article IX, Section II, Paragraph I, et seq ., so as to amend said Act, to repeal conflicting laws, and for other purposes. BE IT ORDAINED by the Board of Commissioners of Chatham County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule provisions of the Constitution of the State of Georgia, that the Act relative to the establishment of the Chatham County Police Force, approved August 9, 1909 (1909 Ga. Laws, p. 378), be and the same is hereby amended as follows: I. Section 3 of said Act is amended by striking from said section the oath of office required to be taken by every member of the Chatham County Police Force and by substituting therefor the following oath of office: I do solemnly swear (or affirm) that, to the best of my ability and skill, I will, during my continuance in office, faithfully discharge all the duties which may be required of me; in all cases conform to the rules and regulations which shall be made by the Commissioners of Chatham County; enforce all the laws of the United States, the State of Georgia, and the ordinances of Chatham County; and uphold the Constitutions of the United States and the State of Georgia. II. This ordinance shall be presented to the Board of Commissioners of Chatham County for adoption at two (2) regular, consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of Chatham County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice is on file in the office of the Clerk of the Clerk of the Superior Court of Chatham County for the purpose of examination and inspection to the public.

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III. This ordinance shall be first presented to the Board of Commissioners of Chatham County at the regular time and place of the meeting of the Board of Commissioners of Chatham County, at which time action may be taken. IV. A synopsis of this ordinance shall be published in the official organ of Chatham County once a week for three (3) weeks, namely on June 3, 1990, June 10, 1990, and June 17, 1990, and a copy of this ordinance shall be filed with the Clerk of Chatham County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same. The provisions of this ordinance shall become effective on August 23, 1990. ADOPTED, this 22nd day of June, 1990. CHATHAM COUNTY, GEORGIA By: /s/ Robert L. McCorkle ROBERT L. McCORKLE, Chairman Board of Commissioners of Chatham County, Georgia ATTEST: /s/ Jimmie L. Szoke JIMMIE L. SZOKE, Clerk Board of Commissioners of Chatham County, Georgia [SEAL] COMMISSIONER'S MEETING DATE MAY 25, 1990 ENTERED IN MINUTE BOOK A-35

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FOLIO 86-87-88-95 FILE NO. IN RE: OATH OF OFFICE REVISION FOR POLICE DEPARTMENT. Action of the Board: Commissioner DeLoach moved to add to the agenda. Commissioner Murray seconded the motion and it carried unanimously. Action of the Board: Commissioner Price moved to approve the revision. Commissioner Rivers seconded the motion and it carried unanimously. June 8, 1990 Action of the Board: Hearing was held. Commissioner Price moved to hold for second reading. Commissioner Smith seconded the motion and it carried unanimously. June 22, 1990 P. 114-115-116 Action of the Board: Commissioner Murray moved to approve on second reading. Commissioner Price seconded the motion and it carried unanimously. STATE OF GEORGIA[UNK] COUNTY OF CHATHAM I, JIMMIE L. SZOKE, Clerk of the Commissioners of Chatham County, Georgia, hereby certify that the foregoing is a true extract of the minutes of the meetings of the Commissioners of Chatham County held the 8th day of June, 1990, and the 22nd day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the County, this 16th day of August, 1990.

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/s/ Jimmie L. Szoke JIMMIE L. SZOKE, Clerk [SEAL] CHATHAM COUNTY STATE OF GEORGIA Affidavit of Publication [UNK] Savannah Morning News [UNK] Savannah Evening Press Personally appeared before me, MARION H. MANSON, to me known, who being sworn, deposes and says: That he is the Retail Nat'l Adv Rep 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 June 3, 1990, June 10, 1990, June 17, 1990, and finds that the following Advertisement, to-wit: CC 10803 May 30, 1990 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Commissioners of Chatham County proposes to adopt an ordinance under the Home

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Rule for Counties provision of the Constitution of the State of Georgia. At their regular meetings an action may be taken on June 8, 1990, and June 22, 1990, a copy of the proposed ordinance being on file in the office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection. The Clerk of Superior Court will furnish anyone, upon written request, a copy of the proposed ordinance. Synopsis of Proposed Ordinance Said proposed ordinance provides for the amendment of the laws relative to the establishment of the Chatham County Police Force, approved August 9, 1909 (1909 Ga. Laws, p. 378), so as to change the provisions relative to the oath of office required to be taken by every member of the Chatham County Police Force. Edward T. Brennan Chatham County Attorney Jun 3, 10, 17 NP appeared in each of said editions. /s/ Marion H. Manson (Deponent) Sworn to and subscribed before me this 28 day of JUNE, 1990. /s/ Lillie Dale Lang Notary Public, Chatham County, Georgia LILLIE DALE LANG Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 SEAL Filed in the Office of the Secretary of State August 23, 1990.

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HALL COUNTYCIVIL SERVICE SYSTEM; COUNTY PERSONNEL DIRECTOR. HALL COUNTYCIVIL SERVICE SYSTEM A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA, 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 1978, P. 4718, GA. LAWS 1979, P. 4709, GA. LAWS 1990, P. 5294 SO AS TO FURTHER AMEND SAID ACT TO EXCLUDE THE COUNTY PERSONNEL DIRECTOR FROM THE HALL COUNTY CIVIL SERVICE SYSTEM; 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 1978, p. 4718, Ga. Laws 1979, p. 4709, Ga. Laws 1990, p. 5294, be amended as follows: Section IAmendment of Section II. Section II, Ga. Laws 1990, p. 5294, et. seq ., is amended by adding the following words after the words the assistant County administrator,: the County personnel director, 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

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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, the County personnel director, Fire Chief, part-time employees, hourly wage earners, and other employees expressly exempt by law. Section II.Effective Date . This ordinance shall become effective on the 24th day of September, 1990. Section IIIRepealer Provision . Any law, resolution, ordinance, rule or regulation in conflict with this resolution and ordinance are hereby expressly repealed. SO RESOLVED AND ORDAINED this 24th day of September 1990. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA /s/ Curtis Segars Chairman /s/ A.N. Stepp Commissioner /s/ Jane Reynolds Hemmer Commissioner /s/ Lou Stargel Commissioner
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/s/ Don Whitmire Commissioner 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 Sept. 10, 1990 and Sept. 24, 1990, and was duly adopted, after advertisement in The Times on Sept. 4, 1990, Sept. 11, 1990, and Sept. 18, 1990. 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 24th day of September, 1990. /s/ Sylvia Cooper (SEAL) Sylvia G. Cooper, 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, Brad E. Zimmerman, who being duly sworn states on oath that he/she is the controller 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 published in said newspaper in its issues of Sept. 4, 1990, Sept. 11, 1990, and Sept. 18, 1990.

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/s/ Brad E. Zimmerman Controller, The Times Sworn to and subscribed before me this 24th day of September, 1990. /s/ Mary C. Gibbs Notary Public, Hall County, Georgia My Commission Expires Dec. 3, 1993 (NOTARY SEAL) NOTICE TO THE PUBLIC THE PUBLIC is hereby notified that the Board of Commissioners of Hall County, Georgia, at its regular meeting beginning at 9:00 A.M. on September 10, 1990, and on September 24, 1990, beginning at 9:00 A.M. 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 County personnel director from the Hall County Civil Service system; to provide an effective date; to repeal conflicting ordinances; and for other purposes. The meeting will take place at the Hall County Administration Building in the Commission Meeting Room, 711 Green Street, Gainesville, Hall County, Georgia. 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 the Superior Court of Hall County, Georgia, Hall County Courthouse, Gainesville, Georgia, for examination and inspection by the public,

Page 4822

and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. THIS 27th day of August, 1990. BOARD OF COMMISSIONERS OF HALL COUNTY, GEORGIA BY: CURTIS SEGARS, Chairman #177032 September 4, 11, 18 Filed in the Office of the Secretary of State September 27, 1990. ROCKDALE COUNTYBOARD OF COMMISSIONERS; PERSONNEL RULES AND REGULATIONS. ORDINANCE 1990-24 AN ACT TO CREATE A BOARD OF COMMISSIONERS OF 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:

Page 4823

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 OF 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. Sections 2-329, 2-330, 2-332, 2-376, 2-393, 2-395 and 2-398 of said act are hereby amended by deleting said sections in their entirety and substituting therefore the following: Sec. 2-329. Salary reviews . It is the policy of Rockdale County to reward its employees by establishing an equitable system of providing annual salary reviews. Performance increases are not automatic. They are based on formal performance evaluations by supervisors and are granted only when the quality of an employee's work performance is above standard. When a salary increase is approved, the increase shall be to one of the steps within the range to which the position is allocated. 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

Page 4824

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. (4) 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. Section 2-332 Reclassification An employee occupying a position that is reclassified to a higher grade shall receive a salary raised to the lowest step of the range in the higher grade that is closest to the employee's current salary which does not effect a decrease in salary.

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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. 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 counselling, referral, treatment, rehabilitation and follow-up.)

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(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. (17) Smoking in designated No Smoking areas. (18) Wasting time or loitering during working hours. 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 legally 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.

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(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. (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. 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 their department head or elected official, prior to his/her induction into the military, be placed on military leave without pay, such leave to extend through a ninety-day period after he is released from the military service. Such an employee shall be entitled to be restored to the position which he vacated, provided he makes application within 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

Page 4828

employee who is a member of the National Guard or an organized military reserve unit of the United States which is called to active duty or which requires its members to train yearly, will be allowed leave of absence with pay not to exceed thirty (30) calendar days during any calendar year to satisfy that obligation. If the National Guard or organized military reserve unit remains on active duty beyond thirty (30) calendar days and the employee's services are still required, the employee may be placed on military leave without pay for the duration of his/her active duty obligation. Sec. 2-398. Bereavement leave . Bereavement leave of up to three (3) working 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, grandparents and grandchildren whether by blood or by law. In the event that more than three (3) working days are necessitated for bereavement leave, the employee will be allowed to charge such additional days against accumulated annual leave. Bereavement leave is afforded county employees in order that the funeral be attended, that family affairs may be properly attended to, and that grief may be suffered privately. It follows, then, that unused bereavement leave is not accumulated or paid for in any fashion other than as described above. SECTION II This ordinance shall become effective on the second and final adoption as provided by law. SECTION III All ordinances, or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed. First adopted this 23rd day of October, 1990.

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Second adopted this 13th day of November, 1990. BOARD OF COMMISSIONERS /s/ Randolph W. Poynter /s/ Bud Sosebee /s/ Norman Wheeler Publicly advertised October 18, 1990 October 25, 1990 November 1, 1990 Attest: /s/ Sarah R. Alexander Ex Officio Clerk Approved as to form: /s/ John Nix County Attorney 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: 10-18-90 10-25-90 11-1-90

Page 4830

/s/ Jane O. Patterson JANE O. PATTERSON Sworn to and subscribed before me this 1st day of November, 1990 /s/ Margaret H. May Notary Public Notary Public, Newton County, Georgia My Commission Expires May 18, 1993 public notice LEGAL HOMERULE AMENDMENT Please take notice that pursuant to County Home Rule Authority under the Georgia Constitution Article IX, Sec II, the Board of Commissioners has before it a proposal to amend House Bill 610, Ga. laws 1977, page 2817 Section 13 (c) Personnel Rules 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. 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. Jean F. Hambrick Administrative Assistant Board of Commissioners 3tcO18,25,N1thurs Filed in the Office of the Secretary of State November 20, 1990.

Page 4831

DEKALB COUNTYDEKALB COUNTY PENSION BOARD; BENEFIT INCREASE. 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 INCREASE IN BENEFITS FOR CERTAIN PARTICIPANTS 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 adding a new section 2.308(b)(1)(D) as follows: D. Adjustments to retirement benefits . Effective for monthly benefits payable on or after September 1, 1990, monthly benefits payable to officers, deputies, and employees who have retired or become disabled and who were, as of January 1, 1990, receiving pensions from DeKalb County under this Ordinance or under the pension plan provided under Georgia Laws 1949, page 415, as amended, or under the pension plan provided by Georgia Laws 1953, page 3198, as amended, shall be increased by an amount equal to 3% of such person's retirement benefit payable with respect to the month of July, 1987, for which payment became due on July 1, 1987; provided, however, that the monthly benefit increase for such officers, deputies, and employees who have retired or become disabled and who were, as of January 1, 1990, receiving pensions from

Page 4832

DeKalb County as aforesaid, but who did not receive a retirement benefit with respect to the month of July, 1987, shall be an amount equal to 3% of the first monthly retirement benefit payable to them after July 1, 1987. II . All laws or parts of laws in conflict with this ordinance are hereby repealed. III . Should any part, portion, or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV . This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia, for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for 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 October, 1990, and again on the 13th day of November, 1990, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

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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 September 1, 1990. ADOPTED by the DeKalb County Board of Commissioners this 13th day of November, 1990. /s/ Robert E. Lanier Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this 21st day of November, 1990. /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 /s/ Albert Sidney Johnson ALBERT SIDNEY JOHNSON DeKalb County Attorney

Page 4834

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 23, 1990 and on November 13, 1990. This 21st day of November 1990. /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 21st day of November, 1990. /s/ Jean G. Silvey Notary Public, Gwinnett County, Georgia My Commission Expires Oct. 9, 1994 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before me 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 18, October 25, and November 1, 1990.

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/s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News Sworn to and subscribed before me this 1st day of November, 1990. /s/ Samme Johnson Notary Public, Gwinnett County, Georgia My Commission Expires January 1, 1994 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on October 23, 1990, and November 13, 1990, 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 amended said act to provide for an increase in benefits for certain participants, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public.

Page 4836

This 9th day of October 1990. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 34-51188,10/18-11/1 Filed in the Office of the Secretary of State December 5, 1990.

Page 4837

ACTIONS BY MUNICIPALITIES PURSUANT TO CHAPTER 35 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

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CITY OF SAVANNAHEMPLOYEES' RETIREMENT PLAN. AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND AND RESTATE THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, AND CODIFIED AS ARTICLE 3, CHAPTER 4, OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN; TO PROVIDE THAT NO CREDITED SERVICE SHALL BE GRANTED FOR ANY PERIOD FOR INTERRUPTED SERVICE EXCEPT AUTHORIZED LEAVE OF ABSENCE WITH PAY; TO PROVIDE THAT AMOUNTS DEDUCTED UNDER A SALARY REDUCTION AGREEMENT BE INCLUDED IN BASIC EARNINGS; TO PROVIDE THAT MAXIMUM BENEFITS TO ANY PARTICIPANT SHALL NOT EXCEED THE LIMITATIONS UNDER SECTION 415 OF THE INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER; TO FURTHER AMEND THE PLAN AND TO INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3 that the Charter of the City of Savannah be amended to amend and restate the Pension Plan adopted and approved June 8, 1972, as amended and codified as Appendix IV to Article 3, Chapter 4 of the 1977 City Code, to provide definitions for terms used in the Plan; to provide that no credited service shall be granted for any period for interrupted service except authorized leave of absence with pay; to provide that amounts deducted under a salary reduction agreement be included in basic earnings; to provide that maximum benefits to any participant shall not exceed the limitations under Section 415

Page 4840

of the Internal Revenue Code and regulations thereunder; to further amend the Plan and to incorporate all amendments and restate the plan as a new Appendix IV to Article 3, Chapter 4, as follow: SECTION 1 : That Appendix IV, to Article 3, Chapter 4, Section 4-301 of the Code of the City of Savannah (1977) City of Savannah Employees' Retirement Plan be amended by striking therefrom said Appendix IV in its entirety and inserting in lieu thereof a new Appendix IV City of Savannah Employees' Retirement Plan as the restated Pension Plan effective as of January 1, 1990, as follows: SEE ATTACHED BOOKLET ENTITLED CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN SECTION 2 : All Charter, Code provisions, Ordinances and Laws not in conflict with said amended Appendix IV are readopted and continue in full force and effect, but where in conflict are hereby repealed. /s/ John P. Rousakis MAYOR ATTEST: /s/ Dyanne C. Reese CLERK OF COUNCIL ADOPTED AND APPROVED: April 19, 1990 CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN Restated and amended in its entirety as of January 1, 1990 Original effective date: July 1, 1972

Page 4841

ARTICLE I ESTABLISHMENT OF PLAN The CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN (hereinafter referred to as the Plan) was adopted June 8, 1972, effective July 1, 1972, for the primary purpose of providing retirement and disability income security to the employees of the City who are, or shall be, covered hereunder. The Plan, as amended, is further amended and restated to be effective as of January 1, 1990, with all amendments and Plan changes incorporated herein. The Plan, as originally adopted and amended, remains in full force and effect except and to the extent in conflict herewith. ARTICLE II DEFINITIONS A. The following words or phrases, when capitalized and used in this Plan document, shall have the meanings as set forth in this Article as follows: 1. City shall mean City of Savannah, Georgia, any agency thereof whose employees are covered by this Plan and, the Mayor and Aldermen of the City of Savannah, Georgia. 2. General Employee shall mean any person who on or after January 1, 1972 is employed by the City as a Full-Time Employee in a job other than as a law enforcement officer or as a firefighter. A General Employee, who was covered under the original City of Savannah Retirement Plan and who elected not to become a Participant in the Supplemental Retirement Plan, shall not be considered as an Employee for the purposes of this Plan. 3. Police or Fire Employee shall mean any person who, on or after the Effective Date of this Plan, is employed by the City as a Full-Time Employee and as a law enforcement officer or firefighter.

Page 4842

4. Full-Time Employee shall mean any person employed by and on the payroll of the City who is normally scheduled to work 20 hours per week or more for a period of 5 months or more per year. 5. Plan shall mean the City of Savannah Employees' Retirement Plan. 6. Participant shall mean an employee who becomes eligible for participation in the Plan in accordance with the provisions set forth in Article IV hereof, including the provisions in that Article and in Article V which require contributions by the employee. Participant shall also include former employees who are eligible for and are receiving benefits under this plan. An individual shall cease to be a Participant if he or she incurs a break-in-service prior to becoming vested hereunder. In addition, an individual who is receiving benefits from this plan shall cease to be a Participant when he or she ceases receiving said benefits in accordance with the provisions of the Plan which define for what periods benefits are to be paid. 7. Effective Date shall mean the Effective Date of the Plan which is July 1, 1972. 8. Anniversary Date shall mean July 1, 1973 and each July 1 thereafter. 9. Credited Service shall mean a Participant's total service from date of employment or appointment, including both past service credit, if any and future service credit, as these terms are defined in Article IV. 10. Basic Monthly Earnings or Basic Annual Earnings shall mean basic monthly or annual compensation, exclusive of overtime pay and inclusive of amounts designated under a salary reduction agreement. 11. Final Average Earnings shall mean the average of the 5 consecutive years of highest Basic Annual Earnings after the Effective Date of this Plan in the 10 years immediately preceding retirement. If any benefit otherwise payable under this Plan becomes payable before the employee has

Page 4843

been employed by the City for 5 years, the computation of Final Average Earnings will be based on the employee's Basic Annual Earnings or Basic Monthly Earnings for the period of time the employee has been employed by the City. 12. Retirement Board and Board shall mean the Retirement Board as provided in Article III hereof. 13. Beneficiary shall mean an individual designated to receive benefits in accordance with the provisions of the Plan which provide for such benefits to be paid to a designated Beneficiary. A Beneficiary shall be designated as provided in Article VI hereof. 14. Occupational Disability shall mean Total and Permanent Disability which results from an accident or sickness which was sustained in the course of employment. 15. Non-occupational Disability shall mean Total and Permanent Disability which results from an accident or sickness which was not sustained in the course of employment. 16. Total and Permanent Disability shall mean a disability, the medical prognosis of which is that it shall be both total and permanent and which thereby prevents an employee from engaging in his or her duties as an employee of the City. 17. Fund or Retirement Fund shall mean the combined assets held to provide for the benefits of this Plan. B. Words in this document written in the singular shall include the plural, words written in the plural shall include the singular, words written in the masculine gender shall include the feminine gender, and words written in the feminine gender shall include the masculine gender, unless the context shall clearly and absolutely indicate a restrictive meaning. ARTICLE III ADMINISTRATION OF PLAN A. Retirement Board

Page 4844

The Plan shall be administered by a Retirement Board consisting of eight members as follows: 1. The City Manager 2. The Chief Financial Officer of the City 3. A Police Employee selected by the Police Employees 4. A Fire Employee selected by the Fire Employees 5. A General Employee selected by the General Employees 6. A member of the City Council selected by the City Council 7. Two citizens at large selected by the Mayor and Aldermen The City Manager and the Chief Financial Officer of the City shall serve as permanent members of the Board. The City Council member shall serve during the member's term of office. The other members shall serve a four-year term. The Board shall have such powers as are necessary for the proper administration of the Plan including, but not limited to, the following: 1. To prescribe procedures to be followed by Participants in filing applications for benefits and for the furnishing of evidence necessary to establish employees' rights to such benefits; 2. To make determinations as to the rights of any Participant applying for or receiving retirement benefits, and to afford any such individual dissatisfied with any such determination the right of a hearing thereon; 3. To develop procedures for the establishment of Credited Service of Participants and, after affording Participants an opportunity to make objection with respect thereto, to establish such service conclusively in advance of retirement; 4. To select a Plan consultant and actuary;

Page 4845

5. To receive periodic (not more often than once a year) actuarial valuations of the Plan; 6. To establish a statement of investment policy of the investment of Plan assets; 7. To select funding media for the Plan's assets, to select an investment advisor, to delegate the responsibility for investment of fund assets to a bank, an insurance company or an investment advisor or to select any combination of these funding media and/or investment facilities and services; 8. To select an investment evaluation advisor whose duties may include providing periodic evaluation of investment advisor performance; providing advice on the Plan's investment policy, guidelines, goals and asset allocation; providing assistance for investment advisor searches, when called upon to do so; 9. To obtain from the City, from the institution(s) used as the funding media of the Plan, from the Plan's investment advisor(s), from the Plan consultants and actuaries, and from Participants such information as shall be necessary for the proper administration of the Plan. To the extent that sound actuarial and accounting principles permit, the Board may coordinate its activities in the administration of the Plan with the administrative activities of the governing board or boards of any other retirement plan or group insurance plan established or to be established for employees of the City of Savannah or the employees of any other political subdivision, to the extent permitted by law, to such extent and upon such terms as may be deemed necessary or desirable by the Board, including but not limited to the use of common offices, personnel, professional advisors, records, beneficiary designations, notices, supplies and equipment. The Board will meet as often as is necessary to conduct the business of the Board but not less often than quarterly. To constitute a quorum for the transaction of business, there shall be required to be present at any meeting of the Board at least a majority of the members of the Board. Decisions of the Board shall be by a majority of the votes cast and shall be binding.

Page 4846

B. Retirement Administrator The City Manager will appoint a Retirement Administrator whose duties will be to maintain an office for implementation of procedures, policies and decisions set forth by the Board. C. Retirement Fund The Mayor and Aldermen shall create a Retirement Fund and shall contribute to this Fund monthly. Employees will make regular contributions to the Retirement Fund. The amount of each employee's contribution shall be three percent (3%) of the employee's Basic Monthly Earnings. The City's annual contribution will be that amount necessary, in addition to the employees' contributions, to fund and to provide the benefits stipulated herein on an actuarially sound basis, and to meet legally required minimum standards as may be mandated by laws having jurisdiction over the Plan. D. Evaluation of Investment Performance From time to time, but no less often than annually, the Retirement Board will evaluate the performance of the incumbent investment advisor or advisors and the investment institution or institutions and determine whether or not to retain the services of the investment advisor(s) or institution(s) or to secure the services of a different investment advisor(s) or institution(s). ARTICLE IV ELIGIBILITY TO PARTICIPATE A. Current Employees Each Full-Time Employee of the City, as defined in Article II hereof, except for those Police or Fire Employees who had completed 1 or more years of Credited Service on the Effective Date, shall participate in the Plan and shall make contributions hereto, as required in Article V hereof. Those Police or Fire Employees who had completed 1 or more years of Credited Service on the Effective Date shall also participate hereunder,

Page 4847

unless they had made an irrevocable election in writing no later than 10 days after the Effective Date of the Plan not to participate, in which event they shall continue to participate in the retirement plan under which they were covered prior to the Effective Date of this Plan. Any Police or Fire Employees making such an irrevocable election shall not be eligible to participate in this Plan. B. New Employees All Full-Time Employees who shall become employed with the City subsequent to the Effective Date shall participate in the Plan on the first day of the month following their date of employment and shall make contributions to the Plan as required in Article V hereof as a condition of employment. C. Absence on Initial Eligibility Date Anything herein to the contrary notwithstanding, any employee who, on the date he becomes eligible to participate hereunder, is absent from work because of an accident or sickness sustained in the course of employment with the City with respect to which he or she receives Workers' Compensation benefits and/or is on an authorized leave of absence shall be allowed to become a Participant hereunder upon return to full-time employment with the City without regard to the date thereof. Further, any employee of the City who shall at any time have met the service requirements of Article IV but shall, prior to being offered the opportunity to participate hereunder, have interrupted his or her service with the City for the purpose of serving a term of active duty in the Armed Forces of the United States, shall be allowed to become a Participant hereunder without regard to the date thereof, upon returning to employment with the City within 3 months of the time the employee first becomes eligible for discharge from said Armed Forces. D. Crediting of Service 1. Past Service Each employee of the City on the Effective Date who becomes a Participant as of the Effective Date shall receive past service credit for service with the City of Savannah,

Page 4848

Chatham County or any joint agency of the City of Savannah and Chatham County. Such past service credit shall be equal to the number of years and months of the employee's full-time service with the City of Savannah, Chatham County or any joint agency of the City of Savannah and Chatham County prior to the Effective Date. Such credit shall apply only to those employees of the City on the Effective Date. After the Effective Date, any new employee of the City who transfers from service with Chatham County or from service with a joint agency of the City of Savannah and Chatham County shall receive past service credit for service with these agencies only if such agencies had retirement plans equivalent to the Retirement Plan of the City of Savannah, and only if such employee was under such retirement plans at the time he or she terminated with such agencies, and had not withdrawn any contributions he or she had made to such plans, and provided such agencies agree to transfer to the City Retirement Plan any assets accrued on behalf of the employee. 2. Future Service Commencing with the Effective Date, a Participant shall receive future service credit equal to the number of years and months of his or her participation in the Plan except when there is interrupted service of 4 or more consecutive years. An interruption of service with the City of four years or more shall constitute a break-in-service whereby the Participant who is not vested shall lose Credited Service. No future service credits will be given for any period of time during which a Participant shall fail for any reason to make contributions to the Plan. 3. Credited Service During a Period of Interrupted Service Credited Service during a period of interrupted service will only be granted with respect to an Employee on an authorized leave of absence with pay. Except with respect to the foregoing, no Credited Service shall be granted for any period for interrupted service.

Page 4849

4. Reinstatement of Credited Service In the event an employee shall have an interruption of service and in the event he or she shall be reemployed by the City as a Full-Time Employee within 4 years of the date of termination of employment with the City, said employee may have his or her Credited Service hereunder reinstated by reimbursing the Retirement Fund in an amount equal to the contributions he or she had made to the Fund plus interest to the date of his termination of employment (if said contributions plus interest were paid to him or her upon termination of employment) plus interest thereon from his date of termination of employment to the date of repayment of contributions plus past interest, compounded at the rate of interest realized by the Fund for the period during which he or she was not a Participant hereunder and the additional period that elapses until what is owed is paid. In no event will the employee ever repay less than the contributions he or she had made to the Fund prior to his or her break-in-service. The amount owed in order to reinstate Credited Service shall be paid by the employee within 12 months of becoming reemployed by the City. Failure by the employee to comply with this requirement shall cause the Board to reject the employee's repayment and the employee's Credited Service shall not be reinstated. The Board may, in its sole discretion, extend this time limit for good cause. 5. In computing a Participant's total Credited Service hereunder, periods of less than a full year shall be calculated as the appropriate fractional part of a 12-month period. 6. No more than 40 years of Credited Service shall be used for computing any of the benefits payable under this Plan. ARTICLE V EMPLOYEE CONTRIBUTIONS An employee shall contribute to the cost of the Plan an amount equal to three percent (3%) of his or her Basic Monthly Earnings, said contributions commencing with the month in which the

Page 4850

employee first becomes eligible to participate in the Plan and continuing so long as he or she shall remain a Participant thereunder and employed by the City. ARTICLE VI BENEFITS A. Police or Fire Employees 1. Retirement Date The Retirement Date for a Participant who is a Police or Fire Employee shall be the first day of the month coincident with or next following the date the Participant attains the age of 60 and the completion of 5 or more years of Credited Service, provided however that after the completion of 25 or more years of Credited Service, a Participant who is a Police or Fire Employee may retire on the first day of any month following the attainment of age 55. 2. Retirement Benefit (a) Benefit Upon Retirement at Age 60 (Requires at least 5 years of Credited Service) The Participant upon retirement at age 60 with 5 or more years of Credited Service shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 25 years of Credited Service, plus (2) 1% of Final Average Earnings for each year in excess of 25 years of Credited Service up to a maximum of 15 additional years of Credited Service. (3) The sum of Credited Service in (1) and (2) above shall not exceed 40 years of Credited Service. (b) Benefit Upon Retirement Prior to Age 60 (Requires at least 25 years of Credited Service)

Page 4851

The Participant upon retirement subsequent to the attainment of age 55 and prior to the attainment of age 60, and with 25 or more years of Credited Service, shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 16 years of Credited Service, plus (2) 1% of Final Average Earnings for each year of Credited Service in excess of 16 years but prior to the attainment of age 55, plus (3) 2.8% of Final Average Earnings for each year of Credited Service subsequent to the attainment of age 55 and prior to the attainment of age 60. (4) The sum of Credited Service in (1), (2) and (3) above shall not exceed 40 years of Credited Service. B. General Employees 1. Retirement Date The Retirement Date for a Participant who is a General Employee shall be the first day of the month coincident with or next following the date the Participant attains the age of 62 and the completion of 5 or more years of Credited Service, provided however that, after the completion of 25 or more years of Credited Service, a Participant who is a General Employee may retire on the first day of any month following the attainment of age 57. 2. Retirement Benefit (a) Benefit Upon Retirement at Age 62 (Requires at least 5 years of Credited Service) The Participant upon retirement at age 62 with 5 or more years of Credited Service shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 25 years of Credited Service, plus

Page 4852

(2) 1% of Final Average Earnings for each year in excess of 25 years of Credited Service up to a maximum of 15 additional years of Credited Service. (3) The sum of Credited in (1) and (2) above shall not exceed 40 years of Credited Service. (b) Benefit Upon Retirement Prior to Age 62 (Requires at least 25 years of Credited Service; see Subsection 4 for an Alternative Retirement Date available for between 10 and 25 years of Credited Service) The Participant upon retirement subsequent to the attainment of age 57 and prior to the attainment of age 62, and with 25 or more years of Credited Service, shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 16 years of Credited Service, plus (2) 1% of Final Average Earnings for each year of Credited Service in excess of 16 years but prior to the attainment of age 57, plus (3) 2.8% of Final Average Earnings for each year of Credited Service subsequent to the attainment of age 57 and prior to the attainment of age 62. (4) The sum of Credited Service in (1), (2) and (3) above shall not exceed 40 years of Credited Service. 3. Anything herein to the contrary notwithstanding, with respect to those General Employees who were excluded herefrom under Article II, Section 2, there shall be provided retirement benefits therefor as set forth in this Article VI for each such employee who shall agree to contribute to the Pension Reserve Fund in accordance with Article V, hereof, such contribution commencing July 1, 1972. Such Employee shall comply with all age and service requirements of this Plan in order to obtain the benefits set forth herein.

Page 4853

4. Alternative Retirement Date for General Employees (a) Alternative Retirement Date at Age 57 (Requires at least 10 years of Credited Service) An Alternative Retirement Date for a Participant who is a General Employee shall be the first day of any month following the attainment of age 57 and completion of at least 10 years of Credited Service, but no more than 40 years of Credited Service. (b) Alternative Retirement Benefit A Participant who is a General Employee, upon retirement on his or her Alternative Retirement Date, shall receive an immediate monthly retirement benefit, under which payment shall commence on the Alternative Retirement Date of the Participant and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The benefit for alternative retirement shall be computed in the same manner as specified in Section B2(a) of this Article but shall be reduced by five-tenths of one percent (.5 of 1%) for each month by which the Participant's Alternate Retirement Date precedes his or her age 62. C. All Employees The following benefits apply to both General Employees and Police or Fire Employees. 1. Employees Over Retirement Age on Effective Date With respect to each Police or Fire Employee who was over age 60 or each General Employee who was over age 65 on the Effective Date of the Plan, the years of Credited Service hereunder shall be the total of said employee's years of service with the City. 2. Delayed Retirement (a) Delayed Retirement Date

Page 4854

A General Employee of the City may remain in the active employ of the City beyond the normal retirement age of 62, provided however that the City Manager may require, at any time, such employee to obtain a medical examination certifying medical fitness to perform the duties of the position he or she holds. Credited Service shall continue to accrue beyond age 62 provided that total accrued Credited Service shall not exceed 40 years. A General Employee electing to remain in the City's employ after age 62 shall not be eligible to receive a Non-occupational Disability Benefit, as provided in this Article, but, on incurring such disability, shall be eligible to receive the retirement benefits of this Plan which are not related to disability. The provision herein, which permits the City Manager to require a medical examination certifying fitness for continued employment, shall not apply to a Participant serving in an elective office or by election or appointment of the Mayor and Aldermen. Credited Service shall continue to accrue for these employees so long as such Participant serves in said office, provided that total accrued Credited Service shall not exceed 40 years. On and after January 1, 1982, the Police Chief and Fire Chief of the City may remain in the active employ of the City beyond the normal retirement age of 60 for Police or Fire Employees, at the discretion of the City Manager. Credited Service shall continue to accrue beyond age 60, provided that total accrued Credited Service shall not exceed 40 years. (b) Delayed Retirement Benefit The Participant who is a General Employee, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement benefit which shall be an amount computed and payable in the same manner

Page 4855

as a normal retirement benefit as specified in Section B of this Article with respect to General Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed Retirement Date, provided that total accrued Credited Service shall not exceed 40 years. The Participant who is a Police Chief or Fire Chief, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement benefit which shall be computed and payable in the same manner as a normal retirement benefit as specified in Section A of this Article with respect to Police or Fire Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed Retirement Date, provided that total accrued Credited Service shall not exceed 40 years. 3. Occupational Disability Benefit (a) Participant's Benefit (1) In the event a Participant shall incur a Total and Permanent Disability as a result of accident or sickness sustained in the performance of his duties as an employee, he or she may retire on an Occupational Disability benefit, without regard to his or her years of Credited Service, the benefits for which shall begin on the first day of the month following 90 days after such disability commenced. (2) When an application for an Occupational Disability benefit has been filed, the applicant shall submit therewith a signed certificate from a practicing physician, licensed in the state of Georgia, certifying to the disability of such applicant for a benefit. Immediately thereupon, the Retirement Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Retirement Board may conduct a hearing for the purpose of determining whether benefits hereunder are due the applicant. Such hearing shall

Page 4856

be conducted informally by the examination of witnesses for and in opposition to such application, such witnesses to be sworn. The applicant and Retirement Board may each be represented by legal counsel if each so desires. Copies of documents may be received as evidence in lieu of the original, at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to whether benefits hereunder are due the applicant. The Retirement Board shall have the right at intervals of not less than one year to require an examination of all Participants receiving Occupational Disability benefits under the provisions of this Plan. In the event any such Participant receiving an Occupational Disability benefit shall be found, as a result of such examination, to no longer qualify as having a Total and Permanent Disability, the Retirement Board may, after hearing evidence thereon and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to an Occupational Disability benefit. It shall be prerequisite to such removal from said list that such Participant shall be tendered a position with the City having the same or equal pay of that position which such Participant held at the time the Occupational Disability benefit was granted. Provided, however, that in the event such Participant receiving an Occupational Disability benefit refuses to submit to a physical examination after 30 days notice to report for such examination, the Retirement Board shall withhold payments of his or her benefits until he or she submits to such examination and the Participant shall be deemed to have forfeited his or her benefits during the time of his or her refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive proof of the Total and Permanent

Page 4857

Disability of a Participant in lieu of any and all other evidence herein required. (3) The Participant's application for the benefits provided herein shall be filed with the Board within 24 months of the commencement of the Participant's disability. Failure by the Participant to comply with this provision shall be cause for the Board to reject the Participant's claim for benefits hereunder. The Board may make an exception to this filing requirement when the Board, in its sole discretion, deems such exception to be appropriate. (4) A Participant qualifying for an Occupational Disability benefit shall receive a benefit which shall be equal to: i. in the case of a Police or Fire Employee, the benefit he or she would have received if, on the date of his disability retirement, he or she were age 60 and had completed 25 or more years of Credited Service. ii. in the case of a General Employee, the benefit he or she would have received if, on the date of his or her disability retirement, he or she were age 62 and had completed 25 or more years of Credited Service. (5) The benefit shall be payable on the Participant's Disability Retirement Date, which shall be the first day of the month coincident with or next following 90 days of the commencement of such disability and each month thereafter during the continuation of the participant's Total and Permanent Disability. (b) Survivor Benefit (1) If an employed Participant should die as a result of an accident or sickness incurred in the performance of his or her duties as an employee of the City, or if a Participant receiving an Occupational Disability

Page 4858

benefit should die, there shall be payable to the Participant's spouse a monthly survivor benefit commencing with the first day of the month following the date of said Participant's death. (2) The amount of the benefit payable to the employed Participant's surviving spouse hereunder shall be equal to the benefit which the Participant would have received had he retired with an Occupational Disability benefit on the day preceding his death. Similarly, the survivor of a Participant who was receiving an Occupational Disability benefit at the time of death shall receive a monthly benefit equal to the monthly Occupational Disability benefit said Participant was receiving. Said monthly survivor benefit shall commence with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the earlier of: (i) the remarriage of the surviving spouse; or (ii) in the event of the death of the surviving spouse who is receiving a monthly survivor benefit at the time of the spouse's death, said monthly survivor benefit shall continue until the death, marriage or the attainment of age 18 of the last surviving child, whichever shall first occur; or (iii) in the event the Participant is not survived by a spouse but survived by only a child or children less than 18 years of age, said monthly survivor benefit shall continue until the death, marriage or the attainment of age 18 of the last surviving child, whichever shall first occur; provided, however, that no less than a total of 60 payments will be made to the Participant and all survivors combined, in the order and according to the provisions set forth herein. If all survivors set

Page 4859

forth herein have become ineligible or cease to exist and fewer than a total of 60 payments have been made to the Participant and all survivors combined, the remaining available payments shall be paid to the Beneficiary named by the last survivor as specified in Section C8 of this Article. 4. Non-occupational Disability Benefit (a) Participant's Benefit (1) In the event a Participant, while still in the employment of the City, shall incur a Total and Permanent Disability as a result of a non-occupational accident or sickness after completing 5 or more years of Credited Service, he may retire on a Non-occupational Disability benefit, the benefits for which shall begin on the Participant's Disability Retirement Date, which shall be the first day of the month coincident with or next following 90 days after such disability commenced. (2) Whenever an application for a Non-occupational Disability benefit has been filed, the applicant shall submit therewith a signed certificate from a practicing physician, licensed in the state of Georgia, certifying the disability of such applicant for a benefit. Immediately thereupon, the Retirement Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Retirement Board may conduct a hearing for the purpose of determining whether benefits hereunder are due the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application, such witnesses to be sworn. The applicant and Retirement Board may each be represented by legal counsel if each so desires. Copies of documents may be received as evidence in lieu of the original, at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to whether

Page 4860

benefits hereunder are due the applicant. The Retirement Board shall have the right at intervals of not less than one year to require an examination of all Participants receiving Non-occupational Disability benefits under the provision of this Plan. In the event any such Participant receiving a Non-occupational Disability benefit shall be found, as a result of such examination to no longer qualify as having a Total and Permanent Disability, the Retirement Board may, after hearing evidence thereon and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to a Non-occupational Disability benefit. It shall be prerequisite to such removal from said list that such Participant shall be tendered a position with the City having the same or equal pay of that position which such Participant held at the time the Non-occupational Disability benefit was granted. Provided, however, that in the event such Participant receiving a Non-occupational Disability benefit refuses to submit to a physical examination after 30 days notice to report for such examination, the Retirement Board shall withhold payment of his or her benefits until he or she submits to such examination and the Participant shall be deemed to have forfeited his or her benefits during the time of his or her refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive proof of the Total and Permanent Disability of a Participant in lieu of any and all other evidence herein required. (3) The Participant's application for the benefits provided herein shall be filed with the Board within 24 months of the commencement of the Participant's disability. Failure by the Participant to comply with this provision shall be cause for the Board to reject the Participant's claim for benefits hereunder. The Board may make an exception to this filing

Page 4861

requirement when the Board, in its sole discretion, deems such exception to be appropriate. (4) Disability Benefit The monthly Non-occupational Disability benefit granted a Participant shall commence on his or her Disability Retirement Date and shall be payable on the first day of each month thereafter during the continuation of the Participant's Total and Permanent Disability. The amount of each monthly Non-occupational Disability benefit shall be based upon the Participant's years of Credited Service, not to exceed 40 years of Credited Service, and shall be determined as specified in Section A2(a) of this Article for Police or Fire Employees and as specified in Section B2(a) of this Article for General Employees, whichever is appropriate, without regard to the Participant's age. Once the Participant has met the age and service requiremetns for the retirement benefit at age 60 for Police or Fire Employees as specified in Section A2(a) of this Article or the retirement benefit at age 62 for General Employees as specified in Section B2(a) of this Article, whichever is appropriate, the Participant may elect to change his or her Non-occupational Disability benefit to any one of the forms of benefit specified in Section C7(b)(2) of this Article. (b) Survivor Benefit (1) If a Participant receiving a Non-occupational Disability benefit dies and is either not married at the time of his or her death or his or her spouse has waived benefits in accordance with Section C8(a), then his or her designated beneficiary shall receive a monthly Survivor Benefit equal to the benefit the Participant was receiving at the time of his death, until a total of 60 monthly payments have been made to the Participant and the beneficiary and any successor beneficiaries.

Page 4862

(2) If a Participant receiving a Non-occupational Disability benefit dies before reaching normal retirement age and is married at the time of his or her death, his or her surviving spouse shall receive a monthly survivor benefit unless his or her spouse has waived benefits in accordance with Section C8(a). The amount of benefit payable to the Participant's surviving spouse shall depend on the option elected by said spouse after the Participant's death. Said surviving spouse shall choose 1 of the following 2 options: (i) A benefit equal to the monthly benefit the Participant would have received had the Participant retired no earlier than the earliest date he or she could have retired under this Plan, said benefit to be guaranteed payable for 60 monthly payments. In the event the surviving spouse dies prior to receiving 60 monthly payments, his or her Beneficiary shall receive monthly payments in an amount equal to the surviving spouse's benefit, until a total of 60 monthly payments have been made to the surviving spouse and Beneficiary combined. Payments due hereunder to a Beneficiary or a successor Beneficiary shall be as specified in Section C8 of this Article. (ii) A benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired no earlier than the earliest date he or she could have retired under this Plan, said benefit then actuarially reduced to reflect the 100% Joint and Survivor benefit option specified in Section C7(b)(2) of this Article. The monthly survivor benefit shall commence no earlier than the earliest date the Participant could have retired under the Plan had he or she not incurred a Non-occupational Disability, if such date is after the Participant's death. Otherwise, the monthly survivor benefit shall commence with the

Page 4863

first day of the month following the Participant's death, unless the survivor elects to have the benefits commence later than such day when such later commencement may avoid or reduce an actuarial reduction in such benefit. 5. Death Benefits (a) When not Eligible to Retire If a Participant dies prior to the earliest date on which he or she could have retired under the Plan, the Participant's Beneficiary shall receive a lump sum benefit equal to the Participant's contributions plus interest calculated as specified in Section 6(a) of this Article. When the named Beneficiary is the surviving spouse of a Participant who was employed by the City at the time of death and who had more than 5 years of Credited Service and who died prior to the earliest date on which he or she could have retired, the surviving spouse may elect not to withdraw the Participant's Retirement Plan contributions plus interest, but instead may elect to receive retirement benefits no earlier than the earliest date on which the Participant could have retired under this Plan. The election of the form of retirement benefits to be paid hereunder shall be made by the surviving spouse from 1 of the following 2 options: (1) A benefit equal to the monthly benefit the Participant would have received had the Participant retired no earlier than on the earliest date he or she could have retired under this Plan, said benefit to be guaranteed payable for 60 monthly payments. In the event the surviving spouse dies prior to receiving 60 monthly payments, his or her Beneficiary shall receive monthly payments in an amount equal to the surviving spouse's benefit, until a total of 60 monthly payments have been made to the surviving spouse and Beneficiary combined.

Page 4864

Payments due hereunder to a Beneficiary or a successor shall be as specified in Section C8 of this Article. (2) A benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired no earlier than on the earliest date he or she could have retired under this Plan, said benefit then actuarially reduced to reflect the 100% Joint and Survivor benefit option specified in Section C7(b)(2) of this Article. (b) When Eligible to Retire If a Participant dies after the earliest date on which he or she could have retired under the Plan but before he or she actually retired, the Participant's Beneficiary shall receive one of the following at the Beneficiary's option: (1) 60 monthly payments, each of which shall be an amount equal to the monthly benefit the Participant would have received had the Participant retired on the day preceding his death. (2) A lump sum of the Participant's contributions plus interest calculated as specified in Section 6(a) of this Article. (3) When the named Beneficiary is the surviving spouse of a Participant, the surviving spouse may instead of the above, elect to receive a benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired on the day preceding his or her death, said benefit then actuarially reduced to reflect the 100% Joint and Survivor benefit option specified in Section C7(b)(2) of this Article. (4) In the event the Participant's contributions plus interest exceed the total benefits available to the Beneficiary, such contributions plus interest shall be paid in a lump sum to the Participant's Beneficiary.

Page 4865

The interest hereunder shall be calculated as specified in Section 6(a) of this Article. In no event shall the Beneficiary receive both a lump sum of the returned contributions plus interest and the monthly benefit payments described herein. 6. Vesting (a) Termination Prior to Five Years of Credited Service In the event a Participant shall terminate employment subsequent to his completion of 3 months of Credited Service but prior to his completing 1 or more years of Credited Service, the Participant's contributions to the Fund shall be refunded to the Participant. In the event the Participant shall terminate employment subsequent to the completion of 1 year of Credited Service but prior to the completion of 5 years of Credited Service, the Participant's contributions shall be refunded with interest at rates which shall be from time to time determined by the Retirement Board, but which shall in no event exceed the actuarial rates of interest assumed by the Fund for the years during which the withdrawn contributions were made. (b) Termination after Five Years of Credited Service In the event a Participant shall terminate employment after completing 5 or more years of Credited Service and should he or she elect not to withdraw his or her contributions to the Fund plus interest (calculated as in Section 6(a) of this Article), the Participant shall be considered fully vested and shall be entitled, upon reaching his or her normal or alternative retirement date, to receive a deferred monthly retirement benefit hereunder. The amount of the deferred monthly retirement benefit shall be determined in accordance with the provisions of the Plan in effect as of the date employment with the City terminates, except to the extent otherwise specifically provided under subsequent Plan amendments or in this Restated Plan and

Page 4866

except that Option Factors will apply as set forth in Article XI of this Restated Plan regardless of when employment with the City terminated. Anything herein to the contrary notwithstanding, a Participant who shall terminate employment with the City shall qualify for a vested deferred benefit under this Article VI. However, if such Participant shall elect a return of his or her contributions to the Plan plus interest, as herein provided, the Participant shall forfeit all vested rights hereunder. In no event shall a terminating Participant be allowed to receive a return of contributions plus interest and remain entitled to a vested benefit hereunder. 7. Form of Benefit Payment (a) Standard Forms of Benefit Payment (1) Joint and Surviving Spouse Benefit A married Participant who will become eligible for normal or alternative retirement benefits hereunder shall receive a reduced monthly retirement benefit for his or her lifetime, with a continuation upon his or her death after retirement of fifty percent (50%) of said reduced monthly benefit to be received by the Participant's spouse with said continued monthly benefit being for the life of said spouse. In the event said spouse shall predecease the Participant prior to retirement, no benefits or rights or privileges shall inure to the spouse's successors, assigns or estate. In the event the Participant's spouse shall predecease the Participant after the Participant retires with a Joint and Surviving Spouse benefit in effect, the Participant's benefit shall be recalculated as though the Life Income with 60 Months Guaranteed Benefit had been elected; said recalculated benefit shall be payable commencing the month following the spouse's death. Payments so

Page 4867

made to the Participant shall cease as of the month in which the Participant's death occurs. (2) Life Income with 60 Months Guaranteed Upon becoming eligible for normal or alternative retirement benefits hereunder, a Participant who is not married or a married Participant who elects this benefit in lieu of the Joint and Surviving Spouse benefit (with proper notarized spousal consent) shall receive monthly benefits payable for the Participant's lifetime, with said monthly benefit being guaranteed payable for a minimum of 60 monthly payments. In the event the Participant dies after retiring but prior to receiving 60 monthly payments, the Participant's Beneficiary shall receive monthly benefits in an amount equal to the Participant's benefit, until a total of 60 monthly payments have been made to the Participant and Beneficiary combined. In the event said Beneficiary shall predecease the Participant, the original designation of Beneficiary by the Participant shall be null and void and the Participant shall be permitted to designate a different beneficiary. Upon the death of the Participant after retirement and the commencement of monthly benefit payments to the Beneficiary, to the extent that any of the 60 guaranteed payments are remaining, said Beneficiary shall be permitted to designate a successor Beneficiary who shall receive any available payments in the event of said Beneficiary's death. The designation of a successor Beneficiary shall be permitted each time after a new Beneficiary begins to receive payments hereunder, until such time as no further payments are due. If no successor Beneficiary is designated for any payments due hereunder, such payments shall be paid in accordance with Section 8(b) of this Article. (b) Optional Forms of Benefit Payment In lieu of one of the applicable standard forms of benefit payment provided hereunder, other

Page 4868

optional forms of retirement benefits are available to the Participant. Any election of options by the Participant shall be made in writing prior to the Participant's normal, alternative or delayed retirement date. However, if the Participant is married, his or her spouse must consent in writing to waive all rights to the Joint and Surviving Spouse benefit, such consent to be witnessed by a notary public. (1) Option 1: Life Income A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to receive an increased monthly retirement benefit with said increased benefit being guaranteed for the life of the Participant but with all benefits ceasing at death. (2) Option 2: Joint and Survivor A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to receive a reduced monthly retirement benefit for the life of the Participant, with a continuation upon his or her death after retirement of one hundred percent (100%) or sixty-six and two-thirds (66[UNK]%) or fifty percent (50%), said reduced monthly benefit to be received by that person properly designated as the Beneficiary, with said continued monthly benefit being for the life of said Beneficiary. In the event said Beneficiary shall predecease the Participant prior to retirement, this election shall be null and void, and no benefits or rights or privileges shall incure to the Beneficiary's successors, assigns or estate. In the event the Beneficiary predeceases the Participant after the Participant retires with 1 of the 3 Joint and Survivor benefits in effect, the Participant's benefit shall be recalculated

Page 4869

as though the Life Income with 60 Months Guaranteed Benefit had been elected; said recalculated benefit shall be payable commencing the month following the Beneficiary's death. Payment so made to the Participant shall cease as of the month in which the Participant's death occurs. In no event shall election of a Joint and Survivor benefit be allowed when the proposed Beneficiary is, except in the case of the spouse of the Participant, 30 or more years younger than the Participant. (3) Option 3: Ten Year Certain and Life A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to the Participant's actual retirement date, elect to receive reduced monthly benefits payable for the Participant's lifetime, with said reduced monthly benefits being guaranteed payable for a minimum of 120 monthly payments. In the event the Participant dies after retiring but prior to receiving 120 monthly payments, his or her Beneficiary shall receive monthly benefits in an amount equal to the Participant's benefit, until a total of 120 monthly payments have been made to the Participant and Beneficiary combined. In the event said Beneficiary shall predecease the Participant prior to the Participant's actuarl retirement date, this designation of said Beneficiary shall be null and void and the Participant shall be permitted to designate a different beneficiary. In the event said Beneficiary shall predecease said Participant after the Participant's retirement, the reduction in benefits shall continue and the Participant shall be permitted to designate a different beneficiary. Upon the death of the Participant after he or she retires and the commencement of monthly benefit payments to the Beneficiary, to the extent that any of the 120 guaranteed payments are remaining, said Beneficiary shall be

Page 4870

permitted to designate a successor Beneficiary who shall receive any available payments in the event of said Beneficiary's death. The designation of a successor Beneficiary shall be permitted each time after a new designated Beneficiary begins to receive payments hereunder, until such time as no further payments are due. In no event will any Participant age 75 or older on his or her date of retirement be eligible to elect the option described in this Subsection (3). (4) Option 4: Social Security A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to have his or her monthly retirement benefits increased from the actual retirement date until that date on which he or she commences to receive Social Security retirement benefits, with the monthly benefits then being decreased from the date of commencement of Social Security retirement benefits so as to, as nearly as is possible, produce a level monthly retirement income over the total years of the Participant's retirement from the standpoint of the combination of retirement benefits payable from both this Plan and Social Security. (5) Option 5: Lump Sum A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to have his or her monthly retirement benefits reduced by up to ten percent (10%) of said monthly retirement benefits in return for the payment of a lump sum of money at the time the Participant's monthly retirement

Page 4871

benefit is first payable. Said benefit reduction must be by an even dollar amount which does not exceed ten percent (10%) of the monthly benefits otherwise payable and it must not result in a lump sum payment of less than $250 nor more than $5,000. The calculation for the lump sum payable shall be based on the Participant's age on the effective date of retirement and the amount shall be determined in accordance with appropriate actuarial tables applied on a uniform basis. 8. Beneficiary (a) Designation of Beneficiary All Participants shall, on a form provided for that purpose, designate a person or persons to receive the benefits payable in the event of the death of the Participant. Such person or persons shall be the Beneficiary of the Participant. However, if the Participant is married and designates someone other than a spouse as Beneficiary, said spouse must consent in writing to waive all rights to receive benefits and such consent must be witnessed by a notary public. The Participant may from time to time change the Beneficiary by written notice (with proper spousal consent, when a change is being requested to a person other than a spouse) to the Retirement Board. Upon the receipt by the Retirement Board of such change, the rights of all previously designated Beneficiaries to receive any benefit under this Plan shall cease. If a Participant who has named a Beneficiary subsequently marries or remarries, then the new spouse shall automatically become the Beneficiary unless or until said spouse consents in writing to waive all rights to receive benefits and such consent must be witnessed by a notary public. When a Beneficiary is receiving benefits as specified in Sections C3(b)(2), C4(b)(2)(i), C4(b)(1), C5(a)(1),

Page 4872

C5(b)(1), C7(a)(2) or C7(b)(3) of this Article, said Beneficiary shall be permitted to designate a successor Beneficiary to receive any benefits still remaining at his or her death. The designation of such a successor Beneficiary shall be in accordance with all provisions of this Section and shall be permitted in each successive instance when a Beneficiary dies and benefits commence to a successor Beneficiary. In no instance will benefits be paid for any longer period or for any more payments than are specified in this Plan. (b) Absence of Beneficiary Designation In the event that any Participant shall die without having designated a Beneficiary or in the event that a Participant shall die but the Beneficiary designated by said Participant shall fail to survive the Participant or in the event that other provisions of this Article do not specify who is to be the appropriate Beneficiary, then and in any event, the person who shall be deemed the Beneficiary of the deceased Participant shall be determined as follows: (1) In the event the deceased Participant is survived by a sopuse, such surviving spouse shall be the Beneficiary. (2) If the deceased Participant is not survived by a spouse, the Beneficiary shall be the deceased Participant's estate. 9. When Participant is Ineligible to Receive Benefits No Participant shall receive any benefits from this Plan while receiving any remuneration for services rendered on an employment basis for the City of Savannah. 10. Commencement and Duration of Benefits Retirement and disability benefits determined in accordance with the provisions of this Article shall commence on the first day of the month coincident with or next following the Participant's retirement date and shall be payable on

Page 4873

the first day of each month thereafter, in accordance with the form of payment which applies to the benefit to be paid. ARTICLE VII AMENDMENT AND DURATION OF THE PLAN A. Permanency of Plan It is the intent of the City that this Plan shall be permanent, but it necessarily reserves the right to terminate the Plan at any time it deems appropriate or necessary. B. Amendment of Plan The City reserves the right to amend the Plan from time to time as it deems appropriate provided, however, that in no event shall the Plan be amended in a manner which would serve to reduce any benefits accrued, with respect to any Participant, prior to the effective date of such amendment. ARTICLE VIII NON-ALIENATION OF BENEFITS A. Death and Incapacity of Retiree In the event of the death of the retired Participant or in the event the Board shall find that he or she is unable to care for his or her affairs because of accident or sickness, any retirement benefits due and payable to the participant may, unless claim shall have been made therefor by a duly appointed legal representative, be paid to the spouse, a child, a parent or other blood relative, or to any person deemed by the Board to have incurred expense for such retired Participant, and any such payment so made shall constitute a complete discharge of the liabilities of the Plan therefor. B. Assignment of Benfits Assignment, pledge or other encumbrance of any benefit payable under the Plan shall not be permitted or recognized under any circumstances, nor shall benefits be subject to attachment

Page 4874

or legal process for debts of retired or terminated Participants or death beneficiaries, and upon notice of such assignment or attachment of any kind, the benefit shall terminate and shall be applied by the Board as it may deem proper for the benefit of such person, the spouse, children or other dependents, or any of them. ARTICLE IX TERMINATION OF THE PLAN A. Allocation of Funds In the event of the discontinuance of the Plan, the assets of the Plan, after providing for expenses, shall be allocated by the Board, to the extent they shall be sufficient, for the purpose of paying retirement benefits, the amount of which shall be computed on the basis of Credited Service to the date of discontinuance of the Plan, to Participant groups in the order of preferance noted below. The allocation of funds for each group in order of precedence shall be in an equal manner for all Participants in the group, pro-rata in case funds are insufficient for a given group on the basis of benefit. 1. To provide the retirement benefits of Participants who shall have retired under the Plan prior to its discontinuance, without reference to the order of retirement; and to provide for death benefits for those eligible therefor in this group. 2. To provide immediate normal retirement benefits to eligible General Employees age 62 or older and eligible Police or Fire Employees age 60 or older on the date of discontinuance of the Plan (but only to those determined to be eligible for such benefits of the Plan prior to such date of discontinuance), without reference to the order in which they shall have attained their normal retirement ages of 62 and 60, respectively, and to provide for death benefits for those eligible therefor in this group. 3. To provide Occupational and Non-occupational Disability Benefits to Participants who shall have applied for such benefits prior to the date of discontinuance of the Plan and who are determined to be eligible for such benefits under the

Page 4875

applicable provisions of the Plan prior to such date of discontinuance, without reference to the order in which they filed application or met eligibility requirements, and to provide death benefits for those eligible therefor in this group. 4. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 57 or older but less than age 62 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 55 or older but less than age 60 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 62 and 60, respectively, and to provide death benefits for those eligible therefor in this group. 5. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 47 or older but less than age 57 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 45 or older but less than age 55 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 62 and 60, respectively. 6. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees below the age of 47 on the date of discontinuance of the Plan and to eligible Police or Fire Employees below the age of 45 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 62 and 60, respectively. B. Credited Service For the purpose of determining whether or not a Participant has, on the effective date of discontinuance of the Plan, completed sufficient years of Credited Service to be eligible to receive a retirement benefit under the provisions of Subsections 4., 5. and 6. of Section A of this Article IX (but for no other purpose and in particular not for the purpose of determining the amount of such benefit), each Participant who is a General Employee and who on such date is less than age 62 shall receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her sixty-second birthday. Similarly, each Participant who is a Police or Fire Employee and who on such date is less than age 60 shall

Page 4876

receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her sixtieth birthday. C. Terminated - Vested Participants Terminated Participants with vested rights under the Plan shall be included in the allocation specified in Section A of this Article IX in their appropriate groups except that, within each group, non-terminated Participants and retired Participants shall have precedence in the distribution of benefits. The Board and the City shall make reasonable effort to locate said terminated Participants. If, at the end of 1 year from the date of discontinuance of the Plan, any such terminated Participants have not been located, their rights shall stand forfeited and the distribution as provided in this Article shall thereupon take place. D. Funding of Benefits to be Provided The allocation of funds and the provision of benefits, as provided by this Article, shall be accomplished through the purchase of annuity contracts, provided however, that the Board upon finding that this is not practicable or desirable under the circumstances in the case of some or all of the groups listed in Section A of this Article IX, may, with the unanimous consent of all of each affected group's members, provide for allocation of a part or all of the assets of the Plan as cash payments of equivalent actuarial value to any or all of such groups, provided, however, that no change shall be affected in the order of precedence and the basis for allocation herein established. E. No Reversion of Assets to City In no event, whether upon termination of the Plan or otherwise, shall any part of the assets of this Plan, other than such part as may be necessary to pay the expenses of the Plan, be used, for or diverted to any purpose or purposes other than the exclusive use of the Participants covered by the Plan and their Beneficiaries.

Page 4877

ARTICLE X TRANSITION PROVISIONS A. Retired Employees All employees who have retired and who are receiving retirement benefits from the City of Savannah under retirement plans existing prior to the Effective Date of this Plan shall continue to receive such benefits out of the general fund of the City of Savannah. B. Employees Eligible for Retirement Under Prior Plans Employees who are eligible to retire on or before the Effective Date of this Plan under provisions of retirement plans existing prior to the Effective Date of this Plan may elect to retire or participate in the Plan in accordance with provisions of Section A, Article IV herein. C. Refund of Contributions to Predecessor Plan Police, Fire and General Employees who elected to participate in this Plan were to be refunded the full amount of their contributions to the retirement plan under which they were covered prior to the Effective Date of this Plan. ARTICLE XI OPTION FACTORS A. Base Benefit Form The Plan provisions referenced in 1. and 2. below determine this Plan's retirement benefits when benefits are paid in the Life Income with 60 Months Guaranteed form of benefit, as specified in Section C7(a)(2) of Article VI herein. For purposes of this Article XI, the Life Income with 60 Months Guaranteed form of benefit shall be referred to as the Base Benefit Form. 1. For Police or Fire Employees

Page 4878

(a) Benefit upon retirement at age 60 with at least 5 years of Credited Service: Article VI, Section A2(a). (b) Benefit upon retirement at age 60 with at least 25 years of service: Article VI, Section A2(b). 2. For General Employees (a) Benefit upon retirement at age 62 with at least 5 years of Credited Service: Article VI, Section B2(a). (b) Benefit upon retirement at age 62 with at least 25 years of Credited Service: Article VI, Section B2(b). (c) Benefit upon alternative retirement at age 57 with at least 10 years of Credited Service: Article VI, Section B4. B. Joint and Surviving Spouse Benefit When the Joint and Surviving Spouse benefit form is applicable, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 91% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 83% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. C. Other Benefit Forms When other forms of benefit are applicable or are elected by Participants and Beneficiaries, as specified in the provisions of

Page 4879

this Plan, certain mathematic factors shall be applied to the Base Benefit Form in order to determine the proper amount of benefit to be paid. These mathematic factors shall be calculated on the basis of actuarial equivalency. Said factors shall be determined and applied on a non-discriminatory basis. D. Life Income Benefit When the Life Income benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: Age at Benefit Commencement Factor 45 1.0022 46 1.0026 47 1.0029 48 1.0033 49 1.0038 50 1.0043 51 1.0048 52 1.0054 53 1.0060 54 1.0067 55 1.0074 56 1.0082 57 1.0091 58 1.0102 59 1.0114 60 1.0128 61 1.0143 62 1.0161 63 1.0182 64 1.0206 65 1.0234 66 1.0266 67 1.0303 68 1.0345 69 1.0393 70 1.0445 71 1.0502 72 1.0562 73 1.0628 74 1.0702 75 1.0790 76 1.0894 77 1.1014 78 1.1149 79 1.1299 80 1.1462 81 1.1640 82 1.1833 83 1.2043 84 1.2270 85 1.2514 86 1.2777 87 1.3060 88 1.3367 89 1.3698 90 1.4056 E. 50% Joint and Survivor Benefit

Page 4880

When the 50% Joint and Survivor benefit form is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 91% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 83% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. F. 66-2/3% Joint and Survivor Benefit When the 66-2/3% Joint and Survivor benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 88% plus.5% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 77% plus.5% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. G. 100% Joint and Survivor Benefit

Page 4881

When the 100% Joint and Survivor benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 83% plus.6% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.6% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 68% plus.5% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. H. Ten Year Certain and Life Benefit When the Ten Year Certain and Life benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows:

Page 4882

Age at Benefit Commencement Factor 45 .9932 46 .9923 47 .9914 48 .9904 49 .9893 50 .9881 51 .9868 52 .9854 53 .9838 54 .9821 55 .9802 56 .9781 57 .9757 58 .9730 59 .9700 60 .9666 61 .9627 62 .9584 63 .9535 64 .9481 65 .9421 66 .9357 67 .9287 68 .9213 69 .9134 70 .9050 71 .8960 72 .8865 73 .8762 74 .8652 NOTE: This form of benefit is not available to Participants age 75 or older. I. Social Security Benefit When the Social Security benefit is elected, the mathematic factors to be applied to the form of benefit otherwise elected shall be as follows: 1. When Age 62 Is Assumed to be Commencement of Social Security Retirement Benefits

Page 4883

Age at Benefit Commencement Factor 50 .3273 51 .3564 52 .3885 53 .4240 54 .4634 55 .5071 56 .5558 57 .6101 58 .6708 59 .7390 60 .8156 61 .9021 Example A Participant retires at age 55 with a monthly retirement benefit of $400 and an assumed Social Security retirement benefit, beginning at age 62, of $200. The Participant receives from the Plan a benefit of $400 + ($200 x.5071) or $501.42 until he or she reaches age 62. At age 62, he or she begins receiving $200 from Social Security and the Plan's benefit is reduced by $200 to $301.42. 2. When Age 65 Is Assumed to be Commencement of Social Security Retirement Benefits

Page 4884

Age at Benefit Commencement Factor 50 .2369 51 .2580 52 .2812 53 .3069 54 .3354 55 .3670 56 .4022 57 .4414 58 .4853 59 .5346 60 .5900 61 .6525 62 .7232 63 .8035 64 .8951 Example A Participant retires at age 55 with a monthly retirement benefit of $400 and an assumed Social Security retirement benefit, beginning at age 65, of $200. The Participant receives from the Plan a benefit of $400 + ($200 x.3670) or $473.40 until he or she reaches age 65. At age 65, he or she begins receiving $200 from Social Security and the Plan's benefit is reduced by $200 to $273.40. J. Lump Sum Benefit When the Lump Sum benefit is elected, the mathematic factors to be applied to the form of benefit otherwise elected shall be as follows:

Page 4885

Age at Benefit Commencement Factor 50 142.8753 51 141.1226 52 139.3128 53 137.4444 54 135.5153 55 133.5232 56 131.4666 57 129.3444 58 127.1550 59 124.8992 60 122.5843 61 120.2160 62 117.7982 63 115.3343 64 112.8293 65 110.2932 66 107.7401 67 105.1848 68 102.6388 69 100.1066 70 97.5958 71 95.1131 72 92.6596 73 90.2299 74 87.8219 75 85.4425 76 83.1053 77 80.8324 78 78.6489 79 76.5667 80 74.5853 81 72.7065 82 70.9268 83 69.2432 84 67.6566 85 66.1666 86 64.7706 87 63.4639 88 62.2418 89 61.0980 90 60.0272 Example A Participant retires at age 55 with a monthly retirement benefit of $400. The Participant elects to reduce the monthly retirement benefit by 8% or $32.00, so that he or she will receive a monthly payment of $368. The Participant receives from the Plan a Lump Sum benefit of $32 x 133.5232 or $4,272.74, which is permissible because it is more than the $250 minimum and less than the $5,000 maximum stated in Article VI, Section 7(b)(5) herein. MAXIMUM BENEFITS Notwithstanding any other provision of this plan, the annual pension with respect to any participant shall not exceed the limitations as prescribed in Section 415 of the Internal Revenue Code and regulations thereunder.

Page 4886

SPECIAL NOTICE Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider on Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to amend the Pension Plan adopted and approved June 8, 1972, as amended, to provide definitions for terms used in the Plan; to provide that no credited service shall be granted for any period for interrupted service except authorized leave of absence with pay; to provide that amounts deducted under a salary reduction agreement be included in basic earnings; to provide that maximum benefits to any participant shall not exceed the limitations under Section 415 of the Internal Revenue Code and regulations thereunder; to further amend the Plan and to incorporate all amendments and restate the Plan. The Amendment will be considered at the meeting of Council April 5, 1990, to be held at 2:00 P.M. in Council Chambers at City Hall and further considered for final adoption at the next regular meeting on April 19, 1990. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 23 day of March, 1990. DYANNE C. REESE CLERK OF COUNCIL Advertise: March 28, 1990 April 4, 1990 April 11, 1990 SAVANNAH EVENING PRESS Please insert the above notice in the Special Notice Column of the Evening Press on Wednesday, March 28; Wednesday April 4, and Wednesday April 11, 1990 and let the City Purchasing Department have two copies of affidavit of publication.

Page 4887

/s/ Dyanne C. Reese DYANNE C. REESE, CLERK OF COUNCIL CITY OF SAVANNAH I, Dyanne C. Reese, Clerk of Council for the Mayor and Aldermen of the City of Savannah, do hereby certify this document to be a true extract from the minutes of Council, April 19, 1990. Signed and Sealed: June 5, 1990. Dyanne C. Reese Clerk of Council OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL APRIL 19, 1990 Ordinance read in Council for the first time April 5, 1990, read a second time, April 19, 1990, placed upon its passage, adopted and approved, April 19, 1990, upon motion of Alderman Center, seconded by Alderman Adams and carried. AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND AND RESTATE THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, AND CODIFIED AS ARTICLE 3, CHAPTER 4, OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN PROVIDE THAT NO CREDITED SERVICE SHALL BE GRANTED FOR ANY PERIOD FOR INTERRUPTED SERVICE EXCEPT AUTHORIZED LEAVE OF ABSENCE WITH PAY; TO PROVIDE THAT AMOUNTS DEDUCTED UNDER A SALARY REDUCTION AGREEMENT BE INCLUDED IN BASIC EARNINGS; TO PROVIDE THAT MAXIMUM BENEFITS TO ANY PARTICIPANT SHALL NOT EXCEED THE LIMITATIONS UNDER SECTION 415 OF THE INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER; TO FURTHER AMEND THE PLAN AND TO

Page 4888

INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3 that the Charter of the City of Savannah be amended to amend and restate the Pension Plan adopted and approved June 8, 1972, as amended and codified as Appendix IV to Article 3, Chapter 4 of the 1977 City Code, to provide definitions for terms used in the Plan; to provide that no credited service shall be granted for any period for interrupted service except authorized leave of absence with pay; to provide that amounts deducted under a salary reduction agreement be included in basic earnings; to provide that maximum benefits to any participant shall not exceed the limitations under Section 415 of the Internal Revenue Code and regulations thereunder; to further amend the Plan and to incorporate all amendments and restate the plan as a new Appendix IV to Article 3, Chapter 4, as follows: SECTION 1 : That Appendix IV, to Article 33, Chapter 4, Section 4-301 of the Code of the City of Savannah (1977) City of Savannah Employees' Retirement Plan be amended by striking therefrom said Appendix IV in its entirety and inserting in lieu thereof a new Appendix IV City City of Savannah Employees' Retirement Plan as the restated Pension Plan effective as of January 1, 1990, as follows: SEE ATTACHED BOOKLET ENTITLED CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN SECTION 2 : All Charter, Code provisions, Ordinances and Laws not in conflict with said amended Appendix IV are readopted and continue in full force and effect, but where in conflict are hereby repealed. ADOPTED AND APPROVED APRIL 19, 1990. The following ordinance was placed on first reading:

Page 4889

AN ORDINANCE TO AMEND THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN: TO PROVIDE THAT NO CREDITED SERVICE SHALL BE GRANTED FOR ANY PERIOD FOR INTERRUPTED SERVICE EXCEPT AUTHORIZED LEAVE OF ABSENCE WITH PAY: TO PROVIDE THAT AMOUNTS DEDUCTED UNDER A SALARY REDUCTION AGREEMENT BE INCLUDED IN BASIC EARNINGS: TO PROVIDE THAT MAXIMUM BENEFITS TO ANY PARTICIPANT SHALL NOT EXCEED THE LIMITATIONS UNDER SECTION 415 OF THE INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER: TO FURTHER AMEND THE PLAN AND TO INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN. (ORDINANCE QUOTED IN CAPTION FORM ONLYENTIRE ORDINANCE ON FILE IN THE OFFICE OF THE CLERK OF COUNCIL) I, Dyanne C. Reese, Clerk of Council for the Mayor and Aldermen of the City of Savannah, do hereby certify this document to be a true extract from the minutes of Council, April 5, 1990. Signed and Sealed: June 5, 1990. Dyanne C. Reese Clerk of Council STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication [UNK] Savannah Morning News [UNK] Savannah Evening Press Personally appeared before me, VAN WILKERSON, to me known, who being sworn, deposes and says: That he is the CLASSIFIED ADV MGR of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;

Page 4890

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 Mar. 28, 1990, Apr. 4, 1990, Apr. 11, 1990,, 19, and finds that the following Advertisement, to-wit: 90-242-0115-220 SPECIAL NOTICE Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to amend the Pension Plan adopted and approved June 8, 1972, as amended, to provide definitions for terms used in the Plan; to provide that no credited service shall be granted for any period for interrupted service except authorized leave of absence with pay; to provide that amounts deducted under a salary reduction agreement be included in basic earnings; to provide that maximum benefits to any participant shall not exceed the limitations under Section 415 of the Internal Revenue Code and regulations thereunder; to further amend the Plan and to incorporate all amendments and restate the Plan. The Amendment will be considered at the meeting of Council April 5, 1990, to be held at 2:00 P.M. in Council Chambers at City Hall and further considered for final adoption at the next regular meeting on April 19, 1990. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 23rd day of March, 1990. DYANNE C. REESE CLERK OF COUNCIL

Page 4891

Mar. 28, Apr. 4, 11 P appeared in each of said editions. 90-242-0115-220 /s/ Van Wilkerson (Deponent) Sworn to and subscribed before me this 4 day of May, 1990 /s/ Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires April 18, 1993 Filed in the Office of the Secretary of State May 17, 1990. CITY OF CARTERSVILLEMAYOR AND COUNCIL; COMPENSATION. ORDINANCE of the City of Cartersville, Georgia ORDINANCE NO. 31-89 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CARTERSVILLE, GEORGIA, and it is hereby ordained by authority of the same as follows; BE IT ORDAINED that pursuant to the provisions of Official Code of Georgia section 36-35-3 and section 36-35-4, the City of Cartersville City Council hereby amends Section 2.08 of the City Charter (1974 Ga. Laws 3697), to provide for an increase in compensation

Page 4892

for the Mayor and Councilmen. The first sentence of Section 2.08 of the City Charter shall be deleted and in substitution thereof, the following sentence inserted: Beginning January 1, 1990, the Mayor shall receive an annual salary in the amount of at least $7,200.00, payable in equal monthly installments, and each Councilman shall receive an annual salary of at least $4,800.00, payable in equal monthly installments. ADOPTED this 10th day of August, 1989. First Reading ADOPTED this 24th day of August, 1989. Second Reading /s/ J. Lynn Carte J. LYNN CARTE Mayor ATTEST: /s/ Helen Wilson HELEN WILSON City Clerk TO: SECRETARY OF STATE STATE OF GEORGIA NOTICE OF FILING Pursuant to the provisions of the Official Code of Georgia Annotated 36-35-5 the City Council of the City of Cartersville hereby files a copy of the Amendment to Section 2.08 of the Charter of the City of Cartersville (1974 Ga. Laws 3697). This 24th day of August, 1989. ARCHER HOWELL /s/ David G. Archer DAVID G. ARCHER, CITY ATTORNEY CITY OF CARTERSVILLE

Page 4893

P.O. Box 1024 Cartersville, Georgia 30120 404/386-1116 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF BARTOW Before the undersigned attesting officer in and for said State and County, personally appeared, CHARLES E. HURLEY, who on oath deposes and says that he is the Publisher of The Daily Tribune News, the newspaper in which sheriff's advertisements appear for Bartow County, and that the notice regarding the public meetings of the City council of Cartersville, Georgia, with regard to the proposed amendment to Section 2.08 of the Charter of the City of Cartersville, Georgia, as provided in O.C.G.A. 36-35-5, copies of which are attached hereto, were published in said newspaper on the following date: August 10th, 1989; August 17th, 1989; August 24th, 1989. /s/ Charles E. Hurley CHARLES E. HURLEY Sworn to and subscribed before me this 29th day of August, 1989. /s/ Karen W. Seymour NOTARY PUBLIC (SEAL) Notary Public, Bartow County, Georgia My Commission Expires May 17, 1991 PUBLIC NOTICE OF PROPOSED AMENDMENT TO SECTION 2.08 OF THE CHARTER OF THE CITY OF CARTERSVILLE, GEORGIA An Ordinance to amend Section 2.08 of the Charter of the City of Cartersville will be considered for first reading on August 10, 1989, and for second and final reading on August 24, 1989, second reading to be held during the City Council's scheduled public meeting

Page 4894

at 4 o'clock p.m. in the Council Chambers on the Second Floor of the City Office Building, respectively. The proposed Ordinance will state as follows: BE IT ORDAINED that pursuant to the provision of Official Code of Georgia 36-35-3 and 36-35-4, the City of Cartersville City Council hereby amends Section 2.08 of the City Charter (1974 Ga. Laws 3697), to provide for an increase in compensation for the Mayor and Councilmen. The first sentence of Section 2.08 of the City Charter shall be deleted and in substitution thereof, the following sentence inserted: `Beginning January 1, 1990, the Mayor shall receive an annual salary in the amount of at least $7,200.00, payable in equal monthly installments, and each Councilman shall receive an annual salary of at least $4,800.00, payable in equal monthly installments'. The remaining provisions of Section 2.08 of the City Charter shall be unchanged and remain effective. A copy of the proposed Amendment is on file in the Office of the City Clerk of the City of Cartersville and the Clerk of the Bartow County Superior Court for the purpose of examination and inspection by the public. The City Clerk of the City of Cartersville shall furnish anyone, upon written request, a copy of the proposed amendment, which is stated in its entirety above. HELEN WILSON CITY CLERK, CITY OF CARTERSVILLE, GEORGIA 8/10,17,24#5132 Filed in the Office of the Secretary of State April 12, 1990.

Page 4895

CITY OF NEWNANRETIREMENT SYSTEM; DEFINITION OF EMPLOYEE. AN ORDINANCE TO AMEND SECTION 7.2 OF THE CHARTER OF THE CITY OF NEWNAN, GEORGIA An ordinance to amend Section 7.2 of the charter of the City of Newnan, Georgia (Ga Laws 1987, p. 5160, as amended), so as to change the definition of employee under the City of Newnan retirement system to repeal conflicting ordinances; and for other purposes. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NEWNAN Section 1 . Subsection (12) of Section 7.2 of the Charter of the City of Newnan, Georgia, is stricken in its entirety and the following is inserted in lieu thereof: (12) Employee shall mean any person: 1. in the active employ of the City of Newnan, Georgia, on or before March 31, 1990, who is participating in the retirement system created herein or who is an elected member of the city governing authority (city council) who is participating in the retirement system created herein; and 2. who refuses or fails to waive accrued benefits due under this plan and enroll as a participant in the retirement plan of the City of Newnan, Georgia, which becomes effective on April 1, 1990, pursuant to ordinance no. 14-90. Section 2 . All ordinances and parts of ordinances in conflict with this ordinance are repealed. ORDAINED this 12th day of March, 1990. /s/ Clifford B. Glover III Mayor

Page 4896

/s/ Alvin E. Johnston Councilman /s/ Billy A. Abraham Councilman /s/ John P. Goodrum, Jr. Councilman /s/ Daniel D. Sanders Councilman /s/ Willie J. Lynch Councilman /s/ Ed Long Councilman /s/ Peggy Dewberry Attest City Clerk Review: /s/ A. Lee Galloway City Manager /s/ C. Bradford Sears, Jr. City Attorney Ord. No. 13-90 Adopted on the second reading this 26th day of March, 1990 in regular session assembled.

Page 4897

/s/ Clifford B. Glover, III CLIFFORD B. GLOVER, III, Mayor /s/ Alvin E. Johnston ALVIN E. JOHNSTON, Mayor Pro Tem /s/ Billy A. Abraham BILLY A. ABRAHAM, Councilman /s/ (absent) John P. Goodrum, Jr., Councilman /s/ Daniel D. Sanders DANIEL D. SANDERS, Councilman /s/ Willie J. Lynch, Sr. WILLIE J. LYNCH, SR., Councilman /s/ (absent) Ed Long, Councilman ATTEST: /s/ Peggy Dewberry City Clerk REVIEWED: /s/ A. Lee Galloway City Manager

Page 4898

/s/ C. Bradford Sears, Jr. City Attorney CLERK'S CERTIFICATION I hereby certify that the attached is a true and exact copy of the Ordinance to Amend Section 7.2 of the Charter of the City of Newnan, Georgia that was passed in regular session of the Mayor and City Council of the City of Newnan for the first reading on the 12th of March, 1990 and for the second reading on the 26th of March, 1990 . /s/ Peggy Dewberry PEGGY DEWBERRY, City Clerk AFFIDAVIT I, William W. Thomasson, hold the position of Publisher with the Newnan Times-Herald in Newnan, Georgia, and I make this affidavit in this capacity. I certify that the above notice run by the City of Newnan, Georgia, giving notice of its intention to amend, by ordinance, the retirement system contained in the charter of the City of Newnan, was published in the Newnan Times-Herald in accordance with applicable law on March 1, 1990, March 8, 1990 and March 15, 1990. /s/ William W. Thomasson (Title) /s/ William W. Thomasson Publisher WITNESSED: /s/ Diana N. Shellabarger, Bookkeeper (Title) Subscribed and sworn to before me this 23 day of March, 1990.

Page 4899

/s/ Carolyn Joyner Notary Public PROPOSED AMENDMENT Notice of Proposed Amendment to Change the Charter of the City of Newnan, Georgia Pursuant to Section 36-35-3 of the Official Code of Georgia Annotated, notice is hereby given that the mayor and council of the City of Newnan, Georgia, propose to amend Section 7.2 of the charter of the City of Newnan, Georgia (Ga. Laws 187, pg. 5160, as amended), so as to change the definition of employee under the retirement system of said city and to repeal any conflicting ordinances. The Mayor and Council of the City of Newnan will consider and act upon the proposed amendment and change at its regular meeting of March 12, 1990 with final adoption proposed for the said March 26, 1990 meeting. A copy of the proposed amendment to the charter is on file in the office of the City Clerk of the City of Newnan and in the office of the Clerk of the Superior Court of Coweta County, Georgia, for the purpose of examination and inspection by the public. Peggy Dewberry, City Clerk. No. 2044-3-1-8-15 Filed in the Office of the Secretary of State May 10, 1990. CITY OF JESUPDISTRICT TWO; POLLING PLACE. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JESUP APPROVED DECEMBER 16, 1937,
Page 4900

(GEORGIA LAW, 1937-38, EX.SESS., PP. 1142-1203), AS AMENDED, SO AS TO PROVIDE THAT THE POLLING PLACE FOR DISTRICT TWO SHALL BE AT THE BAYVIEW COMMUNITY CENTER (FORMERLY JESUP DAYCARE CENTER BUILDING); AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF JESUP as follows: Section 1 : Pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws, 1965, pp. 298-299), as amended, an Act incorporating and creating a New Charter for the City of Jesup in Wayne County, Georgia, approved December 16, 1937, (Georgia Law, 1937-38, ex.sess., pp. 1142-1203), as amended, is further amended as follows: (a) The polling place for District Two elections shall be the City building known as Bayview Community Center (formerly Jesup Daycare Center), located on the corner of Sixth and Walnut Street. Section 2 : All laws and parts of laws in conflict with this Act are hereby repealed. SO ORDAINED, this 17th day of April, 1990. /s/ Jerry McDaniel MAYOR /s/ Everett W. Leggett COMMISSIONER /s/ Clint Madray COMMISSIONER /s/ Gerald De Witt COMMISSIONER

Page 4901

/s/ James Copeland COMMISSIONER /s/ Mary Drawdy Diaz COMMISSIONER ATTEST: /s/ Sue R. Sutton CITY CLERK This is to certify that this is a true and correct copy. /s/ Sue R. Sutton SUE R. SUTTON City Clerk / Treasurer May 25, 1990 Office of Secretary of State Elections Division Room 110 State Capitol Atlanta, GA 30334 Attention: Ms. Jeanne Bowles RE: Submission under Section 5 of the Voting Rights Act City of Jesup, Georgia Dear Ms. Bowles: Pursuant to your request, I am furnishing you with the two (2) dates the Charter Amendment was read: 1. April 3, 1990. 2. April 17, 1990. If any further information is needed, please advise.

Page 4902

Thanking you kindly, I am Very truly yours, /s/ Robert B. Smith ROBERT B. SMITH City Attorney STATE OF GEORGIA, COUNTY OF WAYNE. PERSONALLY APPEARED before me, the undersigned officer, Joan E. Mathews, who first being duly sworn on oath, deposes and says that she is Managing Editor of The Press Sentinel, the official organ of Wayne County, Georgia, and that the Notice attached below has been published in said paper on February 28, March 7, and March 14, 1990. /s/ Joan E. MathewsManaging editor Sworn to and subscribed before me, this 1st day of May, 1990. /s/ Wanda B. Jones Notary Public, Wayne County, Georgia My Commission Expires Nov. 7, 1993 NOTICE Notice is hereby given that there will be introduced at the regular meeting of the Board of Commissioners of the City of Jesup on March 20, 1990, and April 3, 1990, an Ordinance to amend the Charter of the City of Jesup so as to provide that the polling place for District Two shall be Bayview Community Center (formerly Jesup Daycare Center). A copy of the proposed Amendment to the Charter is on file in the Office of the Clerk of the City of Jesup in City Hall, Jesup, Georgia, and in the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public.

Page 4903

s-Sue R. Sutton City Clerk February 28, March 7, 14, 1990, No. 119. Filed in the Office of the Secretary of State May 28, 1990. TOWN OF EAST DUBLINADMINISTRATIVE AND SERVICE DEPARTMENTS; APPOINTMENTS. EAST DUBLINORDINANCE TO AMEND MUNICIPAL CHARTER BE IT ORDAINED that the Municipal Charter of the Town of East Dublin be amended by deleting the last sentence of ARTICLE III, Section 3.10 (a) which reads as follows: All appointments to administrative and service departments shall be made by the mayor and confirmed by the council. and in its place a new sentence should be inserted to read as follows: All appointments to the administrative and service departments shall be made by the Mayor from candidates submitted by the Council. This Charter Amendment is made pursuant to OCGA 36-35-3 (b) (1) commonly known as Home Rule. Dated this 9th day of April, 1990. TOWN OF EAST DUBLIN By: /s/ George H. Gornto GEORGE H. GORNTO, Mayor ATTEST:

Page 4904

/s/ Terrie E. Drew TOWN CLERK STATE OF GEORGIA, CITY OF EAST DUBLIN. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, TERRIE DREW, the City Clerk, who after being sworn deposes and states on oath that the charter amendment amending Section 3.10 (a) was read in the regular scheduled meetings on August 14, 1989, and September 11, 1989. This the 30th day of May, 1990. /s/ Terrie Drew TERRIE DREW, CITY CLERK CITY OF EAST DUBLIN Sworn to, subscribed and executed this the 30 day of May, 1990. /s/ Gaynell Richardson Notary Public MY COMMISSION EXPIRES SEPT. 26, 1993 (SEAL) LEGAL AD # 90-818 LEGAL 90-818 Notice is hereby given that there will be an Amendment to the Municipal Charter of the Town of East Dublin, Georgia, to Article III, Section 3.10 as follows. BE IT ORDAINED that the Municipal Charter of the Town of East Dublin be amended by deleting the last sentence of ARTICLE III, Section 3.10(a) which reads as follows:

Page 4905

All appointments to administrative and service departments shall be made by the mayor and confirmed by the council. and in its place a new sentence should be inserted to read as follows: All appointments to administrative and service departments shall be made by the Council and confirmed by the Mayor. This Charter Amendment is made pursuant to OCGA 36-35-3 (b) (1) commonly known as Home Rule. A copy of the proposed amendment is on file in the Office of the East Dublin Clerk, and in the Office of the Superior Court of Laurens County, Georgia. Said proposed amendment may be examined and inspected by the public at either office, and the Clerk of East Dublin shall furnish anyone, upon written request, a copy of the proposed amendment. Dated this 13th day of March, 1990. TOWN OF EAST DUBLIN BY: GEORGE H. GORNTO, MAYOR ATTEST: TOWN CLERK March 24, 31, and April 7, 1990 STATE OF GEORGIA COUNTY OF LAURENS AFFIDAVIT OF EDITOR Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County Dubose Porter, who having been duly sworn, deposes and says that, as such, he is authorized to make this affidavit and that the attached notice was published in The Courier Herald, a local newspaper of general circulation in Laurens County, Georgia, on March 24, 31 and April 7, 1990. /s/ Dubose Porter Title: Editor

Page 4906

Sworn to and subscribed before me this 17 day of April, 1990. /s/ Shelia K. Bryant Notary Public Georgia, Laurens County. My commission expires: Filed in the Office of the Secretary of State June 6, 1990. CITY OF ATLANTAREORGANIZATION OF DEPARTMENTS. CLERK OF COUNCIL ATLANTA, GEORGIA A SUBSTITUTE ORDINANCE AND CHARTER AMENDMENT BY EXECUTIVE COMMITTEE AN ORDINANCE TO REPEAL ARTICLE 8, SECTION 8-101 ET SEQ . OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, THE CODIFICATION OF AN ORDINANCE ENTITLED AN ORDINANCE SPECIFYING THE NAMES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, SETTING FORTH THE DUTIES AND FUNCTIONS OF EACH DEPARTMENT THEREOF, AND DEFINING THE INTERNAL ORGANIZATION OF EACH DEPARTMENT, INCLUDING PROFESSIONAL AND TECHNICAL QUALIFICATIONS OF EACH DEPARTMENT HEAD, ADOPTED MARCH 4, 1974, AND APPROVED MARCH 7, 1974, AS SUBSEQUENTLY AMENDED, SO AS TO REPEAL SAID ORDINANCE IN ITS ENTIRETY AND TO SUBSTITUTE IN LIEU THEREOF A NEW ORDINANCE CONSTITUTING A PLAN OF REORGANIZATION OF THE DEPARTMENTS OF THE CITY OF ATLANTA, IN ACCORDANCE WITH

Page 4907

SECTION 3-302 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA LAWS 1973, PAGE 2188, ET SEQ ., AS AMENDED; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES. BE AND IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows: SECTION I : That the ordinance adopted by the Council of the City of Atlanta on March 4, 1974 and approved by the Mayor on March 7, 1974, relating to the organization of the executive branch of the government of the City of Atlanta, as subsequently amended, is hereby repealed in its entirety, as set forth hereinbelow. SECTION II : That Article 8 of the Charter of the City of Atlanta, Georgia be repealed in its entirety and that there be substituted in lieu thereof the following: SECTION 1 . There shall exist in the executive branch of government, in addition to the executive officers and the chief of staff created in Section 3-201 of the charter, the following departments, bureaus and offices and the department, bureau and office heads thereof, which are hereby created in the executive branch of the City of Atlanta: (a) department of administrative services, to be headed by a commissioner of administrative services; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of general services; (2) bureau of management information systems; (3) bureau of motor transport: (4) bureau of purchasing and real estate; and (5) office of construction management. (b) department of aviation, to be headed by a commissioner of aviation; and said department shall be composed of the following, each of which shall be headed by a director:

Page 4908

(1) bureau of airport operations and safety; (2) bureau of airport planning and development; and (3) bureau of airport maintenance. (c) department of finance, to be headed by a chief financial officer; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of budget management analysis; (2) bureau of program and performance evaluation; (3) bureau of accounting and budget administration; (4) bureau of treasury, licensing and employee benefits; and (5) bureau of financial analysis and auditing. (d) department of fire, to be headed by a fire chief; (e) department of housing, to be headed by a commissioner of housing; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of housing and redevelopment; and (2) bureau of housing production; (f) department of law, to be headed by a city attorney; (g) department of parks, recreation and cultural affairs to be headed by a commissioner of parks, recreation and cultural affairs; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of recreation; (2) bureau of parks; and (3) bureau of cultural affairs;

Page 4909

(h) department of personnel and human resources, to be headed by a commissioner of personnel and human resources; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of personnel administration; (2) bureau of labor relations; and (3) bureau of training; (i) department of planning and development, to be headed by a commissioner of planning and development; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of buildings; and (2) bureau of planning; (j) department of police, to be headed by a police chief; and said department shall contain the bureau of taxicabs and vehicles for hire; (k) department of public works, to be headed by a commissioner of public works; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of highways and streets; (2) bureau of sanitary services; and (3) bureau of traffic and transportation; (l) department of water and pollution control, to be headed by a commissioner of water and pollution control; and said department shall be composed of the following, each of which shall be headed by a director: (1) bureau of water; and (2) bureau of pollution control;

Page 4910

(m) office of citizen employment and training, to be headed by a director of employment and training; (n) office of communications, to be headed by a director of communications; (o) office of contract compliance, to be headed by a contract compliance officer; (p) office of corrections, to be headed by a director of corrections; (q) office of emergency management services, to be headed by a director of emergency management services; (r) office of human services, to be headed by a director of human services; (s) office of inter-governmental affairs to be headed by director of inter-governmental affairs; and (t) office of international affairs, to be headed by an international affairs coordinator. SECTION 2 : The department heads of each of the departments, with the exception of the heads of the departments of finance and law, shall be under the direction and supervision of the mayor. The departments of finance and law shall be responsible jointly to the mayor and council. Each department head shall be responsible for the detailed administration and direction of the affairs and operation of the department and the bureaus and offices under their supervision, shall exercise both detailed and general management and control thereof, and shall direct and supervise the detailed operations of the respective bureau and office directors under their jurisdiction. The chief of staff, executive officers and department heads shall be appointed for a term of up to four (4) years provided, however, that the terms of such officials appointed by one mayor shall not continue beyond 12 months into a new mayor's term. SECTION 3 : (a) Each official who is the head of a department, bureau or office shall meet the following general qualifications: (1) Have earned a baccalaureate degree;

Page 4911

(2) Have at least one year of graduate study in business or public administration or in a professional field related to the work of the department, bureau or office; (3) Possess experience at a supervisory level in a field of work related to the functions of the department, bureau or office which may be substituted for the requirement of (1) and (2) above on a year for year basis; (4) In addition to the requirements set forth above, possess three (3) years of supervisory experience in a public or private agency; (5) Demonstrate ability in prior work of effective cost management, improving performance of employees, introducing modern organization and procedural concepts, improving relations with the public, or improving services; and (6) Be in good health and demonstrate qualities of leadership and supervision, manifest an understanding of the processes of budgeting, personnel management, planning and reporting within the sphere of government. (b) The Council shall prescribe by ordinance specific qualifications for each official who is the head of a bureau or office. SECTION 4 : The mayor, in addition to other powers enumerated in the charter and related laws, shall have the following powers: (1) To promulgate reasonable rules and regulations governing the conduct of the internal operation of the executive branch and any department thereunder; (2) To issue executive orders which may apply to events of short duration, such as, but not limited to, the temporary exercise of extraordinary police power in times of emergency, the action to expire at the next meeting of the council subsequent to the issuance thereof unless

Page 4912

ratified by a majority vote of the council present and voting; (3) To provide direction on subjects relating to economic development; and (4) To delegate duties to the executive officers, the chief of staff and heads of departments by administrative order. SECTION 5 : (a) Each department operating under the executive branch may be divided into bureaus or offices. (b) Each bureau or office shall be headed by official meeting the qualifications set forth in Section 3 of this Article and shall be under the direct supervision and control of a director appointed by the mayor, each of whom shall be in the unclassified civil service. Bureau directors shall be subject to the detailed direction and supervision by the department head of said department. Offices organized within departments shall report to that department head. Every other office director shall report to the chief of staff, or the executive officer for operations, or the executive officer for development and administration, as directed by executive or administrative order of the mayor. Each bureau or office director shall be appointed to a term of up to four (4) years. He or she shall be subject to removal as provided in the Charter with respect to department heads, except that the council may override the mayor's removal only upon a vote of two-thirds of the total membership of the council. Vacancies in the bureau or office director position shall be filled for the unexpired portion of the term by the method provided hereinabove. (c) Each bureau or office director shall be appointed to a term of up to four (4) years, except that any person serving as a director of a department or as a department head of the government of the City of Atlanta on the effective date of the new Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq .), who is appointed to and accepts the position of bureau director shall serve a term as bureau director equivalent to the remaining years of the term of the office said person previously held. (d) Each bureau or office director shall be subject to removal as provided in the charter with respect to department heads, except

Page 4913

that the council may override the mayor's removal only upon a vote of two-thirds (2/3) of the total membership of the council. Vacancies in the bureau or office director position shall be filled for the unexpired portion of the term by the method as provided for above. (e) Upon the occurrence of a vacancy in the position of commissioner, bureau director, office director or office head, or deputy commissioner, or assistant commissioner, the mayor shall be authorized to appoint an acting commissioner, acting bureau director, acting office director or acting office head, acting deputy commissioner or acting assistant commissioner; to provide that such positions shall be filled within 30 days of the occurrence of the vacancy. Upon the mayor's written notification to city council that he has been unsuccessful in finding a suitable candidate to fill the acting position, the time period shall be automatically extended an additional 30 days. In the event the mayor shall appoint an acting commissioner, acting bureau director, acting office head, acting deputy commissioner, or acting assistant commissioner by reason of a vacancy occurring the mayor shall, within 90 days thereafter, make appointment to fill the position. Upon the mayor's written notification that he has been unsuccessful in finding a suitable candidate to permanently fill the position, the time period shall be automatically extended an additional 90 days. (f) The foregoing provisions on appointment and removal subject to council approval or action shall not apply to the director of the office of emergency management services. SECTION 6 : In addition to the general qualifications hereinbefore set out, the commissioner of the department of administrative service shall possess public or private employment experience in at least two (2) of the following fields at either a supervisory or subsupervisory capacity for a minimum of two (2) years: purchasing, real estate acquisition, leasing, or management, construction management, management information systems, fleet management, general administrative support services, or any related field. SECTION 7 : The department of administrative services shall consist of the following bureaus and office: (1) bureau of general services;

Page 4914

(2) bureau of management information systems; (3) bureau of motor transport; (4) bureau of purchasing and real estate; and (5) office of construction management. SECTION 8 : The functions and duties of the bureau of general services shall include: (1) Providing building and grounds maintenance and repair, and building management for facilities of the city hall complex and neighborhood centers; (2) Providing volume duplicating service, printing, mail service and coordination of telephone services for city departments; and (3) Providing manual maintenance of records for City departments. SECTION 9 : The functions and duties of the bureau of management information systems shall include: (1) Providing system analysis, computer programming and operation of electronic data processing equipment for the purpose of furnishing data processing to all branches and agencies of city government, subject to priorities for computer usage as established by the computer application priority board; (2) In conjunction with the department of finance, implementing and operating accounting and financial management systems of the city and its respective branches, departments, offices, boards, and commissions, and other agencies thereof; and (3) In conjunction with the department of administrative services, providing computerized maintenance of records for city departments;

Page 4915

(4) Providing overall responsibility for the systems analysis of the city's manual and automated processing of data; and (5) Providing assistance to departments on the use of management systems techniques. SECTION 10 : The functions and duties of the bureau of motor transport services shall include supervising, maintaining, repairing, and controlling certain city vehicles and communications equipment. SECTION 11 : The functions and duties of the bureau of purchasing and real estate shall include: (1) Purchasing and procurement, products testing and control, sale and disposition of personal property, and general inventory control; (2) Acquiring and disposing of real estate in connection with the programs and projects of the city; (3) Negotiating leases in connection with the needs of the programs and projects of the city when authorized or required by law; and (4) Assisting in the preparation of contracts for all branches and agencies of the city government. SECTION 12 : The functions and duties of the office of construction management shall include: (1) providing architectural design, estimation, and construction management for city departments; and (2) monitoring and reporting the status of capital construction projects. SECTION 13 : (a) In addition to the general qualifications specified in section 2-4003 of this code, the commissioner of aviation, shall possess knowledge of the factors affecting airport management and service, including a demonstrated experience in the operation of a large organization or supervision of engineering services

Page 4916

That officer must also have the capacity to plan for expansion for services and locations. Such experience may be in either previous private employment or previous government employment. (b) It shall be the responsibility of the commissioner to assist the mayor in negotiation of contracts for the use of airport space or facilities, to maintain all public facilities on the airport so that they may be safely and expeditiously used for their intended purpose, to enforce regulations for the security and safety of persons and property on the airport, and to facilitate the future development of the airport and its facilities through proper planning. SECTION 14 : The department of aviation shall consist of the following bureaus: (1) bureau of airport operations and safety; (2) bureau of airport planning and development; and (3) bureau of airport maintenance. SECTION 15 : The functions and duties of the bureau of airport operations and safety shall include: (1) administrating and supervising the Airport Certification Program, as required by Federal Aviation Regulations, which establishes operational standards for the airport; (2) administrating and supervising the Airport Security Program required by Federal Aviation Regulations; (3) supervising and coordinating ground transportation activities at the terminal facilities of the airport; (4) providing liaison services between the Department, Fire, Police and Federal Agencies assigned to the airport; and (5) administrating an Airport Safety Program to include continuous analyses and program development to ensure a safe occupational environment of the airport.

Page 4917

SECTION 16 : The functions and duties of the bureau of airport maintenance shall include: (1) ensuring the maintenance and repair of buildings, roadways, runways, taxiways, lighting facilities, landscaping and drainage systems comply with Federal, State and City regulations; and (2) maintaining adequate materials, supplies, and equipment for the continuous operation of all physical facilities. SECTION 17 : The functions and duties of the bureau of airport planning and development shall include: (1) Directing the design, award, and completion of engineering and construction projects; (2) Preparing construction budget and management of all construction on airport property; (3) Providing technical support in the administration and management of immediate and long range airport planning programs; and (4) Administering the Airport Noise Mitigation Program. SECTION 18 : In addition to the general qualifications for department heads hereinabove set out the chief financial officer shall possess experience in at least two (2) of the following fields at a supervisory level: information systems (computer usage), accounting, auditing, fund investment, fund custody, management analysis, budget formulation, budget execution, management reporting and/or bond issuance, including financial planning therefor, financial lease analysis or negotiation, and legislative fiscal analysis. Such experience may be in either previous private employment or previous government employment. SECTION 19 : The department of finance shall be responsible to the mayor and to the council, and shall consist of the following bureaus: (1) bureau of budget and management analysis;

Page 4918

(2) bureau of program and performance evaluation; (3) bureau of accounting and budget administration; (4) bureau of treasury, licensing and employee benefits; and (5) bureau of financial analysis and auditing. SECTION 20 : The functions and duties of the department of finance, in addition to its responsibilities to the council and to any set forth in the Charter, as the same relate to its responsibility to the executive branch, shall be as follows: (1) Maintain all general accounts of the city government; prescribe, install and implement accounting systems of the city government and its respective branches, departments, offices, boards and commissions and other agencies thereof; audit, verify and process payment of all disbursements of the city, and maintain an original and official copy of all contracts and leases entered into in which the city is a party; (2) Administer the payroll in the city, the financial and accounting aspects of the pension systems and benefits, and insurance programs; (3) Maintain liaison with the department of personnel and human resources to coordinate pension systems and benefits, and insurance programs; provide fiscal information data and requirements for pension, life insurance, and other employee benefit programs; (4) Monitor assessement and receipt of returns on taxable property; collect revenues, including receiving and taking custody of all monies paid to the city and demanding all monies and fees owing to the city whenever any person, firm or corporation is indebted to the city; keep proper books containing a full and accurate account of all monies received and disbursed;

Page 4919

(5) Examine and audit accounts and financial transactions of all officers, branches, departments, boards, offices, commissions and other agencies of the city; (6) Administer the treasury functions, including the custody and investment of funds; (7) Conduct continuous studies and analyses to identify and secure new sources of revenue; (8) Administer all licensing procedures applicable to persons, firms and corporations engaged in a business, occupation or profession (but excluding such permits and licenses as are specifically issued by other departments); (9) Gather fiscal information and data for the preparation of the capital improvements program and the operating budget; provide such information to the mayor, the budget commission and financial committee, and the council; (10) Prepare allotment schedules and personnel controls; and review monthly-quarterly performance reports with departments, the mayor and the executive officers; prepare performance reporting system for the mayor, depicting progress in carrying out budget work programs, objectives and activities; (11) Provide management assistance to departments; conduct studies of procedures, processes and work methods, and assist in the development of performance and impact measurements; (12) Develop bond formulas, and administer debt; (13) Provide fiscal information, data requirements on legislative matters affecting the city at the state and federal levels and make recommendations accordingly;

Page 4920

(14) Provide for the issuance of bonds, including financial planning therefor, financial lease analysis or negotiation, and financial legislative fiscal analysis; (15) Prepare long-range and short-range airport and water/sewage financing plans; (16) Prepare recommended budget policies and priorities for the mayor, prepare the annual capital improvements program in conformance with the city's adopted comprehensive development plan, and prepare the city's annual operating and capital budgets in line-item form for the purpose of making recommendations to the council; (17) Consider budget appeals from department heads as they relate to adopted budget policies; (18) Review and recommend to the mayor proposed changes and modifications to the adopted budget; (19) Conduct departmental budget hearings and analyses at the direction of the mayor and the chief financial officer; (20) Prepare budget forms and instructions, and promulgate budget preparation procedures to departments and agencies; (21) Review departmental actions as they relate to compliance with established goals and policies; coordinate city goals and policies with those of other governmental and private agencies; (22) Periodically evaluate inter- and intra-departmental operations and functions to determine results, efficiency, effectiveness and need for program process, organization or policy changes; (23) Review and coordinate ordinances and resolutions submitted to city council from the various city departments and agencies;

Page 4921

(24) Provide overall monitoring and analysis of the city's grant programs; (25) Design, implement and evaluate loss control programs for the city; and (26) Administer workers' compensation claims. SECTION 21 : In addition to the qualifications herein before set out, the fire chief shall possess experience at a senior supervisory level in management and administration of fire prevention and protection services. This experience must have been gained by virtue of previous government employment. SECTION 22 : The fire department shall have the following functions and duties: (1) protection of life and property against fire within the city; administration and enforcement of appropriate statutes, ordinances and regulations related to fire and explosion hazards; (2) regulation of the installation and use of any equipment which prevents a hazard as to fire or explosion, including fire escapes, emergency exists, fire alarm systems and fire extinguishing equipment which may be installed in or on any vehicle, structure, building, grounds and underground passageway; and (3) initiation and conduct of programs of public education in fire prevention and safety. SECTION 23 : In addition to the general qualifications hereinbefore set out, the commissioner of the department of housing shall possess experience at a supervisory level in management and administration of housing development and rehabilitation, development financing, and public-private housing initiatives. SECTION 24 : The department of housing shall consist of the following bureaus: (a) bureau of housing and redevelopment; and

Page 4922

(b) bureau of housing production. SECTION 25 : The functions and duties of the bureau of housing and redevelopment shall include: (1) Administering, implementing and executing community and neighborhood development and rehabilitation programs; (2) Providing relocation assistance to displaced persons and providing community services and property management in conjunction with the programs and projects for which these services are required; (3) Initiating and conducting programs to improve aesthetic conditions within the city; eliminating unsightly conditions that affect the urban environment; and developing and administering beautification programs; (4) Housing code enforcement; (5) Regulating housing demolition and In Rem activities; (6) Administering Fair Housing procedures; and (7) Coordinating city housing programs with public housing programs. SECTION 26 : The functions and duties of the bureau of housing production shall include: (1) Assisting builders and developers with negotiating their plans through the various city systems; (2) Assisting builders and developers in locating or determining various financing; (3) Assisting in individual cases in bringing together potential developers, financial resources and properties suitable for the development or rehabilitation of housing;

Page 4923

(4) Administering, implementing and executing redevelopment, renewal and conservation programs; (5) Assisting in financing city initiated housing and development programs; and (6) Participating in public-private partnerships aimed at creating/sustaining affordable housing. SECTION 27 : The city attorney, in addition to requirements and restraints placed upon such official by the charter, shall be an active member of the State Bar of Georgia in good standing and shall have had at least seven years experience in the active general practice of law. SECTION 28 : The department of law shall be responsible to the mayor and to the council and shall: (1) Furnish legal advice and counsel to the mayor, the president or any member of the council, the executive officers and chief of staff, the commissioners and heads of departments and heads of offices and agencies of the city; (2) Conduct litigation in which the city or any elected or appointed official in his official capacity is a party; (3) Conduct internal investigations and investigations of claims made either by or against the city; (4) Prepare contracts, deeds, leases and other documents of legal import; and (5) Draft proposed ordinances, resolutions and state legislative proposals. SECTION 29 : In addition to the general qualifications hereinbefore set out, the commissioner of parks, recreation, and cultural affairs shall possess experience in either public or private employment at a senior supervisory level in at least one (1) of the following fields for a minimum of two (2) years; park management or planning, large-scale community recreation program management, and cultural program administration and/or related fields.

Page 4924

SECTION 30 : The department of parks, recreation, and cultural affairs shall consist of the following bureaus: (1) bureau of recreation; (2) bureau of parks; and (3) bureau of cultural affairs. SECTION 31 : The functions and duties of the bureau of recreation shall include: (1) planning, promoting, organizing and supervising a comprehensive municipal program of recreation, and (2) supervising the recreational use of playgrounds, playfields, recreation centers, swimming pools, athletic fields and other park and recreation facilities. SECTION 32 : The functions and duties of the bureau of parks shall include: (1) administering and maintaining all parks, park facilities, park property and the city cemetery; (2) administering and enforcing all ordinances for the protection of trees and shrubbery; and (3) maintaining all trees on city property and city rights-of-way. SECTION 33 : The functions and duties of the bureau of cultural affairs shall include: (1) operating and scheduling the use of the cyclorama, parks, and other special recreational and cultural facilities of the city; (2) developing, implementing and monitoring special events programs; (3) administering a program of municipal support of the arts;

Page 4925

(4) operating and scheduling the civic center; and (5) oversight responsibility of the contract concerning the zoo. SECTION 34 : In addition to the general qualifications hereinbefore set out, the commissioner of the department of personnel and human resources shall possess public or private employment experience in at least two (2) of the following fields at a supervisory level for a minimum of two (2) years: affirmative action, classification and pay, employee development and training, employee management relations, employment services or labor relations. SECTION 35 : The department of personnel and human resources shall consist of the following bureaus: (1) bureau of personnel administration; (2) bureau of labor relations; and (3) bureau of training. SECTION 36 : The functions and duties of the bureau of personnel administration shall include: (1) recruiting personnel for classified requirements; (2) advertising job opportunities and requirements; (3) preparing and administering a pay and classification plan covering all employees; establishing and maintaining a roster of all employees; (4) coordinating the activities of the Atlanta Civil Service Board; (5) administering the city's affirmative action program as it applies to city employment; (6) designing reporting formats for evaluating and monitoring progress toward achievement of affirmative action goals;

Page 4926

(7) recommending city policy based upon federal, state, and local court decisions and legislative enactments in the field of affirmative action in employment; (8) conducting research to evaluate the effectiveness of personnel resource utilization as related to employee productivity, employee development, attitudes and morale, turnover, human resource planning, and employee evaluation; (9) proposing, recommending, and administering civil service rules and regulations; and (10) administering employee incentive and reward programs. SECTION 37 : The functions and duties of the bureau of labor relations shall include: (1) Administering the labor relations provisions of this code of ordinances in accordance with the policies of the city; (2) Establishing and implementing operating procedures to effectuate the labor relations procedures of this code of ordinances and the policies of the city; (3) Providing information and assistance to employees and supervisors for the processing of grievances, and appeals from adverse actions; (4) Investigating employee grievances and appeals from adverse actions and secure all documentation pertinent to investigation; (5) Mediating grievances and appeals from adverse actions with employees and departmental managerial representatives; (6) Evaluating employee grievances and appeals from adverse actions and making recommendations to employees and departmental managerial representatives as to fair resolutions;

Page 4927

(7) Providing scheduling of cases for civil service board proceedings; with the exception of cases by or against members of the bureau of labor relations staff, which will be scheduled by the commissioner of the department of personnel and human resources; (8) Representing the city in discussions with any recognized labor organization concerning salaries and other terms and conditions of employment of city employees; and (9) Providing advice and assistance to departments relating to labor relations policies and procedures and disciplinary actions; provided however, that the bureau of labor relations shall not make specific recommendations prior to imposition of disciplinary action. SECTION 38 : The functions and duties of the bureau of training shall include administering in-service training and other educational programs for city employees. SECTION 39 : In addition to the general qualifications hereinbefore set out, the commissioner of the department of planning and development shall possess public or private employment experience in at least two (2) of the following fields at a supervisory level for a minimum of two (2) years: commercial and building code enforcement; economic and community development; urban renewal planning; planning for land use; planning for economic and social development; comprehensive and strategic planning and/or related fields. SECTION 40 : The department of planning and development shall consist of the following bureaus: (1) bureau of buildings; and (2) bureau of planning. SECTION 41 : The functions and duties of the bureau of buildings shall include:

Page 4928

(1) enforcing all construction codes including building, plumbing, electrical, heating and air conditioning, commercial maintenance and building regulations; (2) regulating building standards maintenance; (3) supervising elevator regulations and ordinances; (4) supervising and administering the Georgia Fire Safety Law; (5) issuing permits relative to the functions contained herein; (6) providing assistance and advice to the trade examining boards; keeping all codes up to date with assistance of advisory boards; (7) handling the administration, interpretation and enforcement of the zoning ordinance; administering appeals to such board as is established by ordinance to handle those appeals; (8) issuing street numbers; and (9) assisting builders and developers with their plans through the various city systems. SECTION 42 : The functions and duties of the bureau of planning shall include: (1) Providing information and advice to the Mayor and City Council, and other City officials in order to assist them in making decisions about the growth and development of the City; (2) Preparing and updating the City's fifteen, five, and one-year Comprehensive Development Plan in accordance with the requirements set forth in Section 3-601, 3-602, and 3-603 of the Charter; (3) Preparing master plan and the official map required by Section 3-603 of the Charter;

Page 4929

(4) Making comments and recommendations on annexation petitions; (5) Reviewing the City's proposed Capital Improvements Program as prepared by the Department of Finance and certifying it as to conformance with the City's adopted Comprehensive Development Plan; (6) Preparing annual reports on the status of all projects set forth in the City's adopted Comprehensive Development Plan; (7) Assisting builders and developers in assuring that building and development plans are in keeping with the City's overall Comprehensive Development Plan; (8) Preparing and administering the City's zoning and subdivision regulations in conformance with the City's adopted Comprehensive Development Plan; (9) Preparing and administering the City's urban enterprise zone regulations; (10) Coordinating the City's neighborhood planning system, including the provision of administrative and technical support to the City's neighborhood planning units; (11) Developing and maintaining a geographic information system which shall contain a series of computerized base maps, thematic maps, and administrative maps for the City along with a parcel-level attribute data base linked to said maps; (12) Conducting long-range, strategic planning studies on a broad range of urban issues including demographic and economic trends, financial resources, education, economic development, housing, human services, public safety, transportation, environmental quality, parks, recreation, cultural affairs, and urban design; and

Page 4930

(13) Preparing appropriate sections of the annual fifteen-year Comprehensive Development Plan. SECTION 43 : In addition to the qualifications hereinbefore set out, the police chief shall possess experience at a senior supervisory level in the administration and management of police services. This experience must have been gained by virtue of previous government employment. SECTION 44 : The police department shall contain the bureau of taxicabs and vehicles for hire. SECTION 45 : The functions and duties of the police department, other than the bureau of taxicabs and vehicles for hire, shall be to: (1) preserve the public peace and good order of the city by the enforcement of applicable laws and ordinances; (2) conduct community relations programs; (3) conduct crime prevention programs; (4) protect the rights of persons and property; (5) administer licensing procedures for all licenses issued under the police powers of the city; and (6) enforce all ordinances applicable to licenses and permits issued under the police powers of the city. SECTION 46 : The functions and duties of the bureau of taxicabs and vehicles for hire shall include all matters related to inspecting, licensing and regulating taxicabs and vehicles for hire and enforcing provisions of law pertaining to such vehicles. SECTION 47 : In addition to the general qualifications for department heads hereinbefore set out, the commissioner of the department of public works shall possess a degree in engineering or public administration with five (5) years experience at a senior supervisory level in at least one or a combination of the following fields: traffic engineering, street and highway construction and maintenance, or garbage collection and treatment. Such experience

Page 4931

may be in either private employment or previous government employment. SECTION 48 : The department of public works shall include the following bureaus: (1) bureau of highways and streets; (2) bureau of sanitary services; and (3) bureau of traffic and transportation. SECTION 49 : The functions and duties of the bureau of highways and streets shall be as follows: (1) designing, constructing, installing, maintaining, repairing and and cleaning public streets, alleys, sidewalks, bridges, viaducts and other related structures; (2) designing, constructing, installing, repairing, maintaining and operating storm sewers and sanitary sewers; (3) performing public works engineering services, including but not limited to the furnishing of lines and grades, the preparation of maps, plans and other land records; when appropriate, maintain an up-to-date file of engineering maps and plans governing streets, easements and rights-of-way; (4) determining the location, time and method of making any opening or excavation in any street, or of the installation of any underground street structure and of the repair required because of such opening, excavation and installation; and (5) providing engineering reviews and design, inspection and construction management services for other departments of the city as required. SECTION 50 : The functions and duties of the bureau of sanitary services shall be as follow:

Page 4932

(1) collect and dispose of garbage and waste matter and operate facilities for such purposes; (2) clean the streets, sidewalks and public alleys; and (3) enforce the sanitary code on public and private property, including the removal of rubbish and junked and abandoned vehicles. SECTION 51 : The functions and duties of the bureau of traffic and transportation shall be as follows: (1) developing, designing, implementing and maintaining a traffic management network which will include but not be limited to a system of traffic signals, street and highway illumination, street markings, lane controls and other traffic management devices; conducting traffic engineering investigations of existing and anticipated vehicular and pedestrain movement problems; regulating street rights-of-way as pertains to movement of vehicular and pedestrian traffic; conducting traffic planning research and evaluations; developing initiatives, policies and programs to ensure adequate on-street and off-street parking; participating in the city's transportation planning process with other city departments and outside agencies; coordinating the city's transportation system planning, design, implementation, evaluation and management process with other city departments, local, regional, state and federal agencies; and reviewing all actions and activities which may affect the city's traffic and transportation management programs; (2) directing placement of poles and wires of the city and appropriate utility companies in public places so as to cause as little obstruction as possible; compelling the removal of superfluous poles where not consistent with any existing franchises or other agreements; and constructing, installing and maintaining street name signs, traffic signs and signals; and (3) coordinating with rapid transit system planning, design, construction and operation.

Page 4933

SECTION 52 : (a) In addition to the general qualifications hereinabove set out, the commissioner of the department of water and pollution control shall possess a degree in engineering or public administration with five years experience at a senior supervisory level in at least one or a combination of the following fields: water treatment and delivery, civil engineering, or pollution control systems. Such experience may be in either previous private or government employment. (b) The department of water and pollution control shall include the following functions: (1) administering and planning water treatment, resources and pollution control systems and programs; (2) managing operational and capital improvement projects related to environmental programs; and (3) monitoring and implementing programs that affect natural environmental conditions in the city. SECTION 53 : The department of water and pollution control shall include the following bureaus: (1) bureau of water; and (2) bureau of pollution control. SECTION 54 : The functions and duties of the bureau of water shall be as follows: (1) administering a water purification and distribution system; program planning, including the design, construction, operation, and maintenance of water storage facilities, purification plants, pumping stations, and distribution systems; (2) monitoring, coordinating and implementing programs for water, and water resources protection, including establishment of standards and development of solutions to the problems of air pollution where appropriate, noise abatement and control, water protection

Page 4934

and other matters affecting natural environmental conditions in the City; and (3) performing engineering reviews and design and construction management services on capital improvement projects within the bureau of water. SECTION 55 : The functions and duties of the bureau of pollution control shall be as follows: (1) managing waste water treatment systems, including the planning design, construction, operation and maintenance of waste water treatment plants, waste water storage facilities, pumping stations, and appurtenant facilities; (2) developing, monitoring, coordinating and implementing programs of resources protection and pollution control including establishing of standards and development of solutions to the problems of air pollution where appropriate, noise abatement and control, water protection and other matters affect natural environmental conditions in the city; and (3) performing engineering reviews and design and construction management services on capital improvement projects within the development of water and pollution control. SECTION 56 : The functions and duties of the office of citizen employment and training shall include: planning, developing and administering services associated with federally funded skills training and public service employment; and coordinating other training enhancement services for various unemployed and underemployed groups of citizens. SECTION 57 : The functions and duties of the office of communications shall include: (1) refining and developing alternatives and recommendations for communications plans and policies for action by the mayor and council;

Page 4935

(2) monitoring the provision of services and rates charged by any and all CATV franchises in accordance with written contracts and approved regulations; (3) coordinating with the private CATV and cable industry, the state and federal governments, and private citizens; acting as both a coordinator and disseminator of information affecting the city's plans and policies in the cable area; (4) renewing, assigning, transferring or terminating any and all CATV franchises in accordance with written contracts and approved regulations, as authorized; (5) serving as staff to the citizens CATV advisory board; (6) communicating with the news media on behalf of the mayor and city; (7) coordinating the public relations activities of the city; and (8) handling various requests for information. SECTION 58 : The functions and duties of the office of contract compliance shall include: (1) monitoring the effectiveness of all city government efforts with regard to promoting equal opportunity in contracting; (2) recommending ordinances, executive and administrative directives to ensure that the city's goal and objectives in the areas of affirmative action, equal opportunity and minority and female business enterprise opportunity are implemented in city contracting; and (3) administering the city's affirmative action and equal opportunity programs as they relate to contracting and purchasing functions.

Page 4936

SECTION 59 : The functions and duties of the office of corrections shall include administering the city prison farm and city jail as detention, correctional and rehabilitative agencies. SECTION 60 : The functions and duties of the office of emergency management shall be to: conduct, administer and coordinate emergency preparedness programs, including civil disaster, mutual aid, emergency medical services, and rescue assistance. SECTION 61 : The functions and duties of the office of human services shall include: (1) planning, coordinating, monitoring and evaluating the delivery of various social services including, but not limited to, poverty programs, economic opportunity, day care, child development, human resources development, and programs for the aged; and (2) coordinating and contracting for development of social services with various agencies located within the metropolitan area including, but not limited to, Fulton County's social service agencies, equal opportunity agencies, community relations commission, and private agencies. SECTION 62 : The functions and duties of the office of intergovernmental affairs shall include: (1) establishing, organizing and maintaining a network and strategy to continually assess the level or status of the city's relations with other municipalities and with federal, state and county governments, and all agencies and instrumentalities; (2) acting as liason and communicating with other governments on behalf of the City; (3) studying proposed legislation of other governments affecting the City, and recommending support or opposition of any such legislation, as may be in the interest of the City;

Page 4937

(4) analyzing the City's legislative needs and recommend methods to successfully enable passage of any laws beneficial to the City; and (5) soliciting grants and other funds as may be available to the City from other governments or any other parties. SECTION 63 : The functions and duties of the office of international affairs shall include: (1) establishing, organizing and maintaining a network and strategy to respond to the demand for the City's officials to support a variety of international economic and cultural community initiatives; (2) supporting and expanding Atlanta's already established international recognition through progressive programs which are understanding of and responsive to governments and people of the global community; (3) providing international trade services to the small entrepreneur, as well as acting as liaison with the larger corporate community by working with local and national agencies and organizations on projects such as trade missions, trade fairs and conferences and conventions; (4) cooperating with the Consular Corps and supporting its interests and objectives, providing guidance on protocol appropriate for visiting dignitaries; (5) welcoming international visitors to Atlanta from all walks of life and presenting the City and its resources in the optimal manner; (6) managing and supporting the City's Sister City committees, by suggesting fundraising strategies, and producing new guidelines for consideration of additional applicants to the program;

Page 4938

(7) formulating considered and thoughtful municipal policy in areas of human civil rights issues throughout the world; (8) assisting and coordinating with the Atlanta Organizing Committee regarding the Olympic Summer Games; and (9) lending support to international cultural, educational, and social events and activities to the benefit of the global awareness of the community at large. SECTION 70 : Any function which by the charter of the city is given to the mayor and/or or the executive branch of government, which function is not enumerated as being the specific function of a specific department, shall be assigned by the mayor to a department, bureau or office by executive or administrative order. SECTION 71 : That a copy this proposed amendment to the Charter of the City of Atlanta, Georgia (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 Courts of Fulton County and Dekalb County and that Notice of Proposed Amendment to the Charter of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County, and that a copy of said advertisement be attached to the ordinance prior to its final adoption by the Council of the City of Atlanta. SECTION III : That all laws, ordinances, and parts thereof in conflict herewith be and are hereby repealed. A true copy, /s/ Olivia Parks Deputy Clerk, C.M.C. ADOPTED as amended by Council March 19, 1990 APPROVED by the Mayor March 26, 1990 June 28, 1990

Page 4939

Ms. Jean Bowles Secretary of State 214 State Capital Election Division Room 110 Atlanta, GA 30334 Dear Ms. Bowles: Please find enclosed copies of two (2) Charter amendments, adopted by City Council March 19, 1990 and approved by the Mayor March 26, 1990 . Said Charter amendments were introduced at the February 5, 1990 meeting of Council; and the second reading took place at the March 7, 1990 meeting of Council. The third and final reading took place at the March 19, 1990 meeting of Council. Also enclosed are the publisher affidavits. This information is for your files. If you have any question regarding the enclosed, please call our office at 330-6030. Thank you for your assistance in this matter. Sincerely, /s/ Jessy C. Bearden JESSY C. BEARDEN Deputy Clerk of Council 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 , offical 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 15TH, 22ND day(s) of FEBRUARY, 1990, and on the 1ST, 8TH, 15TH days of MARCH, 1990, as provided by law. /s/ Dawn T. Stuart
Page 4940

Subscribed and sworn to before me this 23RD day of MAY, 1990. /s/ Mary Catherine Parker Notary Public, Fulton County, Georgia. My Commission Expires July 12, 1993 EXHIBIT A NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA NOTICE is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to repeal Article 8 of the Charter in its entirety and substitute in lieu thereof an ordinance captioned: An ordinance to repeal Article 8, Section 8-101 et seq. of the Charter of the City of Atlanta, Georgia, the codification of an ordinance entitled an ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted March 4, 1974, and approved March 7, 1974, as subsequently amended, so as to repeal said ordinance in its entirety and to substitute in lieu thereof a new ordinance constituting a plan of reorganization of the departments of the City of Atlanta, in accordance with Section 3-302 of the Charter in the City of Atlanta, Georgia laws 1973, page 2188, et seq., as amended; to repeal conflicting laws and ordinances; and for other purposes, so as to provide for publication of such proposed amendment in a newspaper of general circulation, which ordinance would reorganize the executive branch by defining new departments and implementing a new executive management team concept in city government; to repeal conflicting ordinances; and for other purposes. A copy of the complete proposed amendment is on file in the office of the clerk of council of the City of Atlanta, Georgia and in the offices of the clerks of the Superior Courts of Fulton and

Page 4941

Dekalb Counties, Georgia, for the purposes of examination and inspection by the public. This 6th day of February, 1990. LARRY DINGLE Clerk of Council City of Atlanta, Georgia PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] COUNTY OF DEKALB..... [UNK] ss: Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Co-publisher of Decatur-DeKalb News/Era, a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Public NoticeCity Charter Amendment repeal Article 8 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15, 22, 18, 15, 22nd day of February March 1990. 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 27th day of April 1990 /s/ Samme Johnson Notary Public My commission expires Jan. 1, 1994 (SEAL)

Page 4942

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA EXHIBIT A Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to repeal Article 8 of the Charter in its entirety and substitute in lieu thereof an ordinance captioned: An ordinance to repeal Article 8, Section 8-101 et seq. of the Charter of the City of Atlanta, Georgia, the codification of an ordinance entitled an ordinance specifying the names of the executive branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, adopted March 4, 1974, and approved March 7, 1974, as subsequently amended, so as to repeal said ordinance in its entirety and to substitute in lieu thereof a new ordinance constituting a plan of reorganization of the departments of the City of Atlanta, in accordance with Section 3-302 of the Charter of the City of Atlanta, Georgia Laws 1973, page 2188, et seq., as amended; to repeal conflicting laws and ordinances; and for other purposes, so as to provide for publication of such proposed amendment in a newspaper of general circulation, which ordinance would reorganize the executive branch by defining new departments and implementing a new executive management team concept in city government; to repeal conflicting ordinances; and for other purposes. A copy of the complete proposed amendment is on file in the office of the clerk of council of the City of Atlanta, Georgia and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public. This 6th day of February, 1990. Larry Dingle Clerk of Council City of Atlanta, Georgia

Page 4943

34-42320, 2/15-4/5 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 dated 2-15-90, 2-22-90, 3-1-90, 3-8-90 and 3-15-90. /s/ Robin Brannon /s/ Julia Santos Sworn to and subscribed before me, This 14 day of May, 1990 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, GEORGIA NOTICE is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to repeal Article 8 of the Charter in its entirety and substitute in lieu thereof an ordinance captioned: AN ORDINANCE TO REPEAL ARTICLE 8, SECTION 8-101 ET SEQ. OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, THE CODIFICATION OF AN ORDINANCE ENTITLED AN ORDINANCE SPECIFYING THE NAMES OF THE EXECUTIVE BRANCH OF

Page 4944

THE GOVERNMENT, SETTING FORTH THE DUTIES AND FUNCTIONS OF EACH DEPARTMENT THEREOF, AND DEFINING THE INTERNAL ORGANIZATION OF EACH DEPARTMENT, INCLUDING PROFESSIONAL AND TECHNICAL QUALIFICATIONS OF EACH DEPARTMENT HEAD, ADOPTED MARCH 4, 1974, AND APPROVED MARCH 7, 1974, AS SUBSEQUENTLY AMENDED, SO AS TO REPEAL SAID ORDINANCE IN ITS ENTIRETY AND TO SUBSTITUTE IN LIEU THEREOF A NEW ORDINANCE CONSTITUTING A PLAN OF REORGANIZATION OF THE DEPARTMENTS OF THE CITY OF ATLANTA, IN ACCORDANCE WITH SECTION 3-302 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA LAWS 1973, PAGE 2188, ET SEQ., AS AMENDED; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND FOR OTHER PURPOSES. so as to provide for publication of such proposed amendment in a newspaper of general circulation, which ordinance would reorganize the executive branch by defining new departments and implementing a new executive management team concept in city government; to repeal conflicting ordinances; and for other purposes. A copy of the complete proposed amendment is on file in the office of the clerk of council of the City of Atlanta, Georgia and in the offices of the clerks of the Superior Courts of Fulton and Dekalb Counties, Georgia, for the purposes of examination and inspection by the public. The 6TH day of February, 1990 LARRY DINGLE Clerk of Council City of Atlanta, Georgia Filed in the Office of the Secretary of State July 2, 1990.

Page 4945

CITY OF ATLANTACHIEF OF STAFF; EXECUTIVE OFFICERS; CHIEF FINANCIAL OFFICER. CLERK OF COUNCIL ATLANTA, GEORGIA A SUBSTITUTE ORDINANCE BY: EXECUTIVE COMMITTEE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GEORGIA LAWS 1965, P. 298 ET SEQ .) SO AS TO PROVIDE FOR THE CREATION OF THE POSITIONS OF ONE CHIEF OF STAFF AND TWO EXECUTIVE OFFICERS IN LIEU OF THE POSITION OF CHIEF ADMINISTRATIVE OFFICER; TO PROVIDE FOR THE DELEGATION BY THE MAYOR OF DUTIES AND RESPONSIBILITIES TO THE CHIEF OF STAFF AND THE EXECUTIVE OFFICERS; TO PROVIDE FOR A GENERAL DESCRIPTION OF THE POWES AND DUTIES OF THE EXECUTIVE OFFICERS AND THE CHIEF OF STAFF; TO PROVIDE FOR THE POSITION OF CHIEF FINANCIAL OFFICER IN LIEU OF THE POSITION OF COMMISSIONER OF FINANCE; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES. IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows: SECTION I : The City Charter of the City of Atlanta, 1973 Georgia Laws, p. 2188 et seq. as amended (hereinafter in this ordinance referred to as the City Charter) is hereby amended by striking the present Section 3-105(2) thereof and inserting in lieu thereof a new Section 3-105(2) to read as follows: Appoint, subject to the confirmation of the council, all executive officers, chief of staff, commissioners, directors of departments, bureau directors, office directors or heads of offices, deputy commissioners, and assistant commissioners of the city, and remove or suspend any executive officers, chief of staff,

Page 4946

commissioners, directors of departments, bureau directors, office directors or heads of offices, deputy commissioners and assistant commissioners in accordance with the provisions of this charter. Provided, however, this subsection shall not be applicable to positions in the classified civil service; SECTION 2 : The City Charter is hereby further amended by striking the present Section 3-106 thereof and inserting in lieu thereof a new Section 3-106 to read as follows: The mayor is hereby authorized to delegate the direction and supervision of the administration of all or any departments of the city to the chief of staff, the chief administrative officer, or to the executive officers, as the mayor may deem desirable; provided, that any such duties delegated by the mayor shall be exercised under the supervision and direction of the mayor; and provided further, that in no event shall such delegation include the power to approve or veto ordinances or resolutions, convene meetings of the council, serve as acting mayor, remove directors of departments or amend budgets. SECTION 3 : The City Charter is hereby further amended by striking the present Section 3-201 thereof and inserting in lieu thereof a new Section 3-201 to read as follows: The mayor shall appoint an officer whose title shall be chief of staff and two (2) officers whose title shall be executive officer. The appointment and removal of the chief of staff and the executive officers shall be governed by the provisions of section 3-301(d) that relate to the appointment and removal of directors of departments. Their compensation shall be fixed by the council. SECTION 4 : The City Charter is hereby further amended by striking the present Section 3-202 thereof and inserting in lieu thereof a new Section 3-202 to read as follows: The chief of staff and executive officers shall have the following powers and duties: (1) To advise and assist the mayor in the performance of his duties;

Page 4947

(2) To coordinate, review, and advise the mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities and other agencies of the city and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as they deem necessary; (3) To provid liaison, coordination and communications between and among city departments and agencies and the various agencies of the federal, state and local governments and other public and private agencies concerning the affairs of the city; (4) To provide direction on participation in federal and state grant-in-aid programs, monitoring and evaluation of grant contract programs, and communication of program policies and priorities; (5) To conduct research and make information available to the mayor, council and the various departments, offices and agencies of the city; (6) To attend in their discretion, meetings of the council and its committees and to make available such information as may be requested; and (7) To perform all other duties as may be lawfully delegated to them by the mayor. SECTION 5 : The City Charter is hereby further amended by striking the present Section 3-304 thereof and inserting in lieu thereof a new Section 3-304 to read as follows: (a) There shall be a chief financial officer who shall be appointed as provided in section 3-301(d) of this Charter. That official shall be the director of the department of finance which shall be created by ordinance, and shall perform such duties as shall be provided by this Charter or by ordinance. The chief financial officer shall be responsible to the mayor and to the council.

Page 4948

(b) The chief financial officer shall occupy the same status as a department head or director and enjoy all the rights and benefits thereto. SECTION 6 : The City charter is hereby further amended by deleting from the present Section 6-103(e) thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 7 : The City charter is hereby further amended by deleting from the present Section 6-103(g) thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 8 : The City charter is hereby further amended by deleting from the present Section 6-104 thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 9 : The City charter is hereby further amended by deleting from the present Section 6-208 thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 10 : The City charter is hereby further amended by deleting from the present Section 6-301(a) thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 11 : The City charter is hereby further amended by striking the present Section 6-304(c) thereof and inserting in lieu thereof a new Section 6-304(c) to read as follows:

Page 4949

Intra-departmental transfers of appropriations from one (1) line item account to another line item account in the operating funds, the working capital fund, and the grant funds of the city may be made upon unanimous approval of the chairman of the finance committee or equivalent committee of the governing body, the head or director of the department affected, the chief financial officer, and the chief administrative officer or the appropriate executive officer. When the decision to transfer intra-departmental funds is not unanimous such transfers shall be submitted to the governing body by the chairman of the finance or equivalent committee for approval or disapproval. The chairman of the finance committee or equivalent committee of the governing body and the chief financial officer are jointly authorized to transfer appropriation surpluses, as the same may occur, from line accounts in the various departments of the operating funds, the working capital fund, and the grant funds of the city to the reserve for appropriation accounts in the same departments of the operating funds, the working capital fund, and the grant funds of the city. Copies of any transfers shall be filed with the clerk of the governing body at its next regular meeting after said transfer of appropriations or appropriation surplus is made. The clerk shall enter such transfers in the minutes of such meeting and announce to the members of the governing body that such transfers have been made. The provisions of this subsection shall apply to the transfer of surplus funds from salary accounts. SECTION 12 : The City charter is hereby further amended by deleting from the present Section 6-309 thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 13 : The City charter is hereby further amended by deleting from the present Section 6-311 the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 14 : The City charter is hereby further amended by deleting from the present Section 6-401 thereof the words

Page 4950

Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 15 : The City charter is hereby further amended by deleting from the present Section 6-402(a) thereof the words Director (Commissioner) of Finance and inserting in lieu thereof the following: Chief Financial Officer. SECTION 16 : The City charter is hereby further amended by deleting from the present Appendix I, Paragraph 54 thereof the words Department of Environment and Streets and inserting in lieu thereof the words Department of Public Works; by deleting from Appendix I, Paragraph 54 thereof the words Commissioner of Finance and inserting in lieu thereof the words Chief Financial Officer; and by deleting from Appendix I, Paragraph 54 thereof the words personnel director and inserting in lieu thereof the words Commissioner of the Department of Personnel and Human Resources. SECTION 17 : 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 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 a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta. SECTION 18 : All ordinances and charter provisions and parts of ordinances and charter provisions in conflict herewith are hereby repealed. A true copy, /s/ Jessy C. Bearden Deputy Clerk, C.M.C.

Page 4951

ADOPTED by City Council March 19, 1990 APPROVED by the Mayor March 26, 1990 June 28, 1990 Ms. Jean Bowles Secretary of State 214 State Capitol Election Division Room 110 Atlanta, GA 30334 Dear Ms. Bowles: Please find enclosed copies of two (2) Charter amendments, adopted by City Council March 19, 1990 and approved by the Mayor March 26, 1990 . Said Charter amendments were introduced at the February 5, 1990 meeting of Council; and the second reading took place at the March 7, 1990 meeting of Council. The third and final reading took place at the March 19, 1990 meeting of Council. Also enclosed are the publisher affidavits. This information is for your files. If you have any question regarding the enclosed, please call our office at 330-6030. Thank you for your assistance in this matter. Sincerely, /s/ Jessy C. Bearden JESSY C. BEARDEN Deputy Clerk of Council 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 , offical 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

Page 4952

paper on the 15TH, 22ND day(s) of FEBRUARY, 1990, and on the 1ST, 8TH, 15TH days of MARCH, 1990, as provided by law. /s/ Dawn T. Stuart Subscribed and sworn to before me this 23RD day of MAY, 1990. /s/ Mary Catherine Parker Notary Public, Fulton County, Georgia My Commission Expires July 12, 1993 NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA EXHIBIT A Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq. approved March 16, 1973), as amended, so as to provided for the creation of the positions of one chief of staff and two executive officers, in lieu of the position of chief administrative officer; to provide for the delegation by the Mayor of duties and responsibilities to the chief of staff and the executive officers; to provide for a general description of the powers and duties of the chief of staff and the exercise officers; to provide for the position of chief financial officer; to repeal conflicting ordinances and charter provisions; 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 Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. This 6th day of February, 1990. LARRY M. DINGLE Clerk of Council PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK] COUNTY OF DEKALB..... ss:

Page 4953

Personally appeared before the undersigned, a notary public within and for said county and State Gerald Wm. Crane Co-publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur, county of DeKalb. State of Georgia who, being duly sworn, states on oath that the report of Public NoticeAmend City Charterone chief of staff, 2 executive officers a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15, 22, 1, 8, 15, 22nd day of February March 1990. 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 27th day of April 1990 /s/ Samme Johnson Notary Public My commission expires Jan. 1, 1994 (SEAL) NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA EXHIBIT A Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws 1973, p. 2188 et seq. approved March 16, 1973), as amended, so as to provide for the creation of the positions of one chief of staff and two executive officers, in lieu of the position of chief administrative officer; to provide for the delegation by the Mayor of duties and responsibilities to the chief of staff and the executive officers; to provide for a general description of the powers and duties of the chief of staff and the executive officers; to provide for the position of chief financial officer; to repeal conflicting ordinances and charter provisions; and for other purposes.

Page 4954

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 Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. This 6th day of February, 1990. Larry M. Dingle Clerk of Council 34-42330,2/15-4/5 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 dated 2-15-90, 2-22-90, 3-1-90, 3-8-90 and 3-15-90. /s/ Robin Brannon /s/ Julia Santos Sworn to and subscribed before me, This 14 day of May, 1990 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 et

Page 4955

seq. approved March 16, 1973), as amended, so as to provide for the creation of the positions of one chief of staff and two executive officers, in lieu of the position of chief administrative officer; to provide for the delegation by the Mayor of duties and responsibilities to the chief of staff and the executive officers; to provide for a general description of the powers and duties of the chief of staff and the executive officers; to provide for the position of chief financial officer; to repeal conflicting ordinances and charter provisions; 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 Clerk of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. This 6th day of February, 1990. LARRY M. DINGLE Clerk of Council Filed in the Office of the Secretary of State July 2, 1990.

Page 4956

CITY OF RIVERDALEWARD BOUNDARIES. NO. 1990-2 ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF RIVERDALE, PURSUANT TO THE CITY'S HOME RULE POWERS, TO PROVIDE FOR NEW WARD BOUNDARIES FOR THE CITY; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF RIVERDALE BE IT IS HEREBY ORDAINED by the Mayor and Council of the City of Riverdale, Georgia, and by the authority thereof: Section 1 . That the ward boundaries currently set out in Section 7A of the City Charter of the City of Riverdale are hereby repealed in their entirety and new ward boundaries, as established by Exhibit A hereto, are inserted in lieu thereof. Section 2 . All ordinances or parts of ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed. This 7th day of May, 1990. /s/ Andrew Carpenter ANDY CARPENTER, Mayor Attest: /s/ Elizabeth Iler, Clerk LIBBT ILER City Clerk

Page 4957

GEORGIA LAWS 1991 SESSION EXHIBIT A

Page 4958

June 25, 1990 Secretary of State State of Georgia 110 State Capital Atlanta, Georgia 30334 Dear Sir: As per our phone conversation, please be advised that the ordinance amendment to re-draw and re-establish election district boundaries for election purposes was read by the Mayor and Council at their meeting of April 19 and May 7, 1990. If further information is needed, please advise. Sincerely, /s/ Elizabeth Iler, Clerk ELIZABETH ILER, Clerk State of Georgia County of Clayton Personally appeared before the undersigned, a notary public within and for said county and state, Clayton County, State of Georgia , publisher of Clayton News/Daily the official organ for the County of Clayton for the publication of official or legal advertisements for said county. Said newspaper published at Jonesboro, Georgia, County of Clayton , State of Georgia, who, being duly sworn, states on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the APRIL 10, 17 24 1990 Signed, Joe Hiett, Publisher Sworn to and subscribed before me this 13TH day of JUNE 1990. Signed Eleanor G. Simon, Notary Public My commission expires 1-8, 1993

Page 4959

MISCELLANEOUS NOTICE OF HOME RULE LEGISLATION Pursuant to the authority granted to the City of Riverdale by Georgia law, the Mayor and Council of the City of Riverdale intend to enact legislation amending its Charter for the purposes of redrawing and re-establishing election district boundaries for election purposes. A copy of the proposed legislation and the map which clearly delineates the new proposed election district boundaries can be seen during regular business hours in the office of the Clerk at City Hall in Riverdale. Such legislation, and map, can also be seen in the office of the Clerk of the Superior Court of Clayton County. CITY OF RIVERDALE April 10, 17, 24, 1990 Filed in the Office of the Secretary of State June 28, 1990. CITY OF MACONFINANCE OFFICER. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA AMENDING ARTICLE V, ADMINISTRATION, OF THE CHARTER OF THE CITY OF MACON, AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 298, ET. SEQ., SO AS TO ADD A NEW CHAPTER TO INCLUDE THE CITY FINANCE OFFICER IN THE LIST OF CHARTER OFFICERS; TO PROVIDE DUTIES AND RESPONSIBILITIES FOR THE FINANCE OFFICER; TO REPEAL CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Macon and under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298 et. seq., as amended, O.C.G.A. Section 36-35-3 et. seq.) as follows:

Page 4960

Article V, Administration, of the Charter of the City of Macon is hereby amended by adding a new Chapter to be designated as Chapter 7 so that said chapter reads as follows: ARTICLE V Administration CHAPTER 7 FINANCE OFFICER Section 5-701. Creation of office; appointment. There shall be a city finance officer who shall be appointed and removed as provided in Section 3-203(3) of this Charter for department heads. Section 5-702. Duties and responsibilities. The city finance officer shall perform financial duties for the city and any other duties as may be provided by ordinance. Such person shall be responsible to the Mayor and to the Council. All Charter provisions, ordinances or parts of ordinances in conflict herewith are hereby repealed. SO ORDAINED this 17th day of July, 1990. /s/ David Carter President, City Council APPROVED this 22 day of July, 1990. DISAPPROVED /s/ William Lee Robinson Mayor VETO WAS OVERRIDDEN BY A 11-1 VOTE AT THE AUGUST 7, 1990 COUNCIL MEETING. SO ORDAINED this 7th day of August, 1990.

Page 4961

/s/ David T. Carter President, City Council APPROVED this 15th day of August, 1990. DISAPPROVED /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 17, 1990. Witness my hand and seal of the City of Macon this July 18, 1990. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE July 18, 1990 RETURNED FROM MAYOR'S OFFICE July 30, 1990 11:30 AM VETO WAS OVERRIDDEN BY A 12-3 VOTE AT THE AUGUST 21, 1990 COUNCIL MEETING. 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 7, 1990. Witness my hand and seal of the City of Macon this August 8, 1990. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE August 8, 1990 RETURNED FROM MAYOR'S OFFICE August 20, 1990 10:30 AM

Page 4962

September 5, 1990 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #0-90-0022 of the City of Macon, Georgia amending Article V, Administration, of the Charter of the City of Macon, as amended, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965, 1965 Georgia Laws, Page 298, Et. Seq., so as to add a new chapter to include the City Finance Officer in the list of Charter Officer; and to provide duties and responsibilities for the Finance Officer, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, P.O. Box 247, Macon, GA 31298. /s/ Steven G. Durden STEVEN G. DURDEN City Clerk City Clerk's Office City Hall City of Macon P.O. Box 247 Macon, GA 31298 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: 07/7, 07/14, 07/21 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, Article V,

Page 4963

Administration, to include a new Chapter 7, Finance Officer in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 designated as the Municipal Home Rule Act of 1965, as amended, so as to include the City Finance Officer in the list of Charter officers and provide for his duties and responsibilities. Copies of the proposed amendment are filed in the Office of the Clerk of the City of Macon and in the Office of the Bibb Superior Court Clerk. Roy W. Griffis, Jr. First Assistant City Attorney City of Macon 7/7,14,21 - 8249 (62682) SIGNED OTHNIEL W. McGEHEE JR. SWORN TO AND SUBSCRIBED BEFORE ME THIS 21 DAY OF JULY, 1990 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA Commission Expires October 5, 1993 CITY ATTORNEYCITY OF MACON PO BOX 247 MACON, GA 31298 Filed in the Office of the Secretary of State September 10, 1990.

Page 4964

TOWN OF PINE MOUNTAINCONTRACTS; TAXATION OF PROPERTY TO BE ANNEXED; SERVICE DISTRICTS. AN ORDINANCE TO AMEND THE CHARTER OF THE TOWN OF PINE MOUNTAIN ORDINANCE Be it ordained by the Mayor and Council of the Town of Pine Mountain, Harris County, Georgia and by authority of the same, it is hereby ordained as follows: That the Charter for the Town of Pine Mountain as established by an Act entitled, An Act to Incorporate the Town of Chipley in the County of Harris, and for other Purposes, approved December 9, 1882 (Ga. Laws 1882-83, p. 265), as amended, be hereby further amended as follows: First. By redesignating the existing Sec. X regarding taxing powers as Sec. X(A). Second. By adding the following new subsections Sec. X(B) and X(C) to Sec. X: Sec. X(B). For the purpose of promoting the growth and development of the Town of Pine Mountain and to further provide for its support, operation and maintenance and for the well-being of its citizens, the council shall have the power to contract and agree with any person voluntarily petitioning the annexation by the Town of Pine Mountain of real property and improvements having an assessed value of at least $5,000,000 to fix any tax, license fee or other assessment charged against such persons under authority of this charter or any state law then or thereafter in effect for a period not to exceed fifty years; provided that no such contract shall limit the authority of the Town of Pine Mountain to impose or increase such taxes, fees or assessments by means of a public referendum requiring the affirmative vote of seventy-five percent of the votes cast to

Page 4965

approve such imposition or increase. The power to enter into any such contract shall be expressly granted by the ordinance allowing such annexation. Sec. X(C). Any contract adopted pursuant to Sec. X(B) of the Charter of the Town of Pine Mountain may provide that any real property and improvements annexed in reliance upon this Section shall be automatically de-annexed in the event that any court of final jurisdiction shall determine that such contract is invalid, or that it has been breached by the Town of Pine Mountain, such de-annexation to be effective on the thirtieth day after such breach or declaration of invalidity unless, within such thirty day period, the owners of real property constituting eighty per cent of the total assessed value of the property so annexed shall make a written declaration of intent to remain a part of the Town of Pine Mountain. Third. By adding at the end of said Charter new sections following Sec. XIX to be designated Sec. XX (with subsections Sec. XX(A) and XX(B)) and Sec. XXI, such new sections to read as follows: Sec. XX(A). The Town of Pine Mountain shall, within the geographic limits thereof, be comprised of one or more taxing districts, (herein called Service Districts), wherein taxes may be assessed, levied, and collected by the said Town in accordance with kind, character, type, degree and level of services provided by said Town within said Service Districts, and the rate and manner of taxation may vary in any one district from that in any other district. The powers, authority, duties, liabilities and functions of the government of the Town of Pine Mountain may vary in any one district from that in any other district as provided by ordinance. Sec. XX(B). In the case of any Service District created as provided herein, the council shall have the power to contract and agree with the owners of at least eighty percent of the property located in such Service District to fix all taxes, license fees or other assessments charged against persons, property or business operations within such Service District under authority of this charter or any state law then or thereafter in effect for a period not to exceed fifty years, so long as the Town of Pine

Page 4966

Mountain is not asked to increase the services provided to such Service District beyond the level in existence at the time such contract is executed; provided that no such contract shall limit the authority of the Town of Pine Mountain to increase or modify such taxes, fees or assessments by means of a public referendum requiring the affirmative vote of seventy-five percent of the votes cast to approve such imposition or increase. Sec. XXI. If any provision of this Charter for the Town of Pine Mountain is at any time determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any remaining provision hereof, and this Charter for the Town of Pine Mountain shall continue in full force and effect and shall be construed as if it had been adopted with the invalid provision deleted. It is further ordained that a Notice of the adoption of this Charter Amendment be published once a week for three (3) weeks within sixty (60) days before the final adoption hereof and that a certified copy of the Charter Amendment and Notice be filed with the Clerk of the Superior Court of Harris County and with the Secretary of the State of Georgia pursuant to O.C.G.A. 36-35-5. This Charter Amendment is adopted under authority of GA. CONST. art.9, 2, 6 pursuant to Home Rule powers contained in O.C.G.A. 36-35-3(b)(1). Presented for first reading at the regular meeting of the said Mayor and Council held on the 9th day of July, 1990 and adopted at the next two consecutive regular meeting held on the 13th day of August, 1990 and the 10th day of September, 1990. TOWN OF PINE MOUNTAIN VOTING /s/ James V. Edgar Mayor /s/ Patricia Sullivan Councilman
Page 4967

/s/ J.R. Beall Councilman /s/ Franklin D. Boykin Councilman /s/ P.C. Holladay Councilman /s/ Vance C. Smith, Sr. Attest: /s/ Barbara Bell Ewell Town Clerk (Seal) Certificate of Clerk I, Barbara Bell Ewell, Clerk of the Town of Pine Mountain, Harris County, Georgia, hereby certify that the foregoing copy of the Ordinance of said Town is a true and correct copy of the original which is on file in the office of the Clerk of said Town. This the 10th day of September, 1990. /s/ Barbara Bell Ewell Clerk, Town of Pine Mountain, Georgia CERTIFICATION OF CLERK I, Barbara Bell Ewell, Clerk of the Town of Pine Mountain, Harris County, Georgia, hereby certify that the foregoing is a true and correct copy of the Notice of Publication and Affadavit of a duly authorized representative of the Harris County Journal received by the clerk's office in the City Hall of the Town of Pine Mountain, Georgia.

Page 4968

This the 10th day of September, 1990. /s/ Barbara Bell Ewell Clerk, Town of Pine Mountain, Georgia Personally appeared before me, the undersigned officer duly authorized to administer oaths in and for the state of Georgia, Micki D'Avy, who, on oath, deposes and says that Deponent is the duly authorized agent of The Harris County Journal , a newspaper having general circulation in Pine Mountain, Harris County, Georgia. There has been deposited with The Harris County Journal the cost of publishing three insertions, once a week for three weeks, (8/9/90; 9/16/90; 8/23/90) of the following notice: NOTICE OF PROPOSED CHARTER AMENDMENTS Notice is hereby given that the Mayor and Council of the Town of Pine Mountain, Georgia will consider the adoption of the following amendments to the Charter of the Town of Pine Mountain at its regular meetings to be held in August and September, 1990: (1) The addition of a new Subsection X(B) empowering the Council to contract with any person voluntarily petitioning the annexation of real property and improvements having an assessed value of at least $5,000,000 to fix any tax, license fee or other assessment charged against such persons for a period not to exceed 50 years; (2) The addition of a new Subsection X(C) allowing any contract adopted pursuant to Section X(B) to provide that the real property and improvements annexed in reliance thereon shall be automatically de-annexed in the event any court of final jurisdiction shall determine that such contract is invalid; (3) The addition of a new Section XX providing for the creation of special Service Districts, and allowing the Town to contract with the owners of at least eighty percent (80%) of the property located in such Service District to fix taxes on such property for a period not to exceed 50 years, so long as the Town is not asked to increase services provided to such Service District; and

Page 4969

(4) The addition of a new Section XXI providing that if any provision of the Charter is at any time determined to be void or invalid, such decision shall not effect the validity of the remaining provisions of the Charter. A copy of the Proposed Amendment is on file in the office of the Clerk of the Council of the Town of Pine Mountain and in the office of the Clerk of Superior Court of Harris County for the purpose of examination and inspection by the public. The Clerk of the Town Council shall furnish anyone upon written request a copy of the proposed amendment. A copy of this Notice will be filed with the Secretary of State and in the office of the Clerk of the Superior Court of Harris County upon adoption of the proposed amendments. /s/ Micki D'Avy Legals Clerk Sworn to and subscribed before me, this 7th day of August, 1990. /s/ Mike Hale Notary Public Filed in the Office of the Secretary of State October 11, 1990. CITY OF FAIRBURNPROPERTY TAXES. HOME RULE ORDINANCE #90-09 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 FAIRBURN, GEORGIA, APPROVED AUGUST 3, 1925 (Ga. L. 1925, p. 1024, et seq. ), AND THE SEVERAL ACTS AMENDATORY THEREOF,

Page 4970

IS HEREBY FURTHER AMENDED BY AMENDING THE PROVISIONS OF ARTICLE V. TAXATION; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR THE REPEAL OF CONFLICTING LAWS AND ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES AND MEASURES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRBURN, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: Section 1 : An Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga.L. 1925, p. 1024, 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. p. 298, et seq .), by striking Section 36 and inserting in lieu thereof a new Section 36, which shall provide as follows: Sec. 36. Real and personal property tax returns Be it further enacted that all persons owning property in the city shall be required to make return of all property, real and personal (except intangibles as defined in Title 48 of the Official Code of Georgia Annotated and property which, under the general laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner) to the city clerk, or such other official as may be designated by the mayor and council for such purpose, each year within the time prescribed by the mayor and council, for the purpose of taxation by the city. Said property shall be returned by the property owner, his agent, or representative, as provided by ordinance. Section 2 : An Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga.L. 1925, p. 1024, 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 Section 38 and inserting in lieu thereof a new Section 38, which shall provide as follows:

Page 4971

Sec. 38. Due date of taxes; delinquency; tax executions; lien; property liable; collection. Be it further enacted by the authority aforesaid, that all ad valorem taxes shall be due and payable to the city on or before December 15th of each year and on December 15th of each year the city clerk, or such person whose duty it is to collect taxes, shall issue tax executions against such delinquent property owners and shall record said executions on the General Execution Docket of the county and such executions shall bear interest from December 15th at the lawful rate of interest; provided that said ad valorem tax shall be a lien against all other property of such person liable for taxes and the execution issued as provided herein shall directed to the Chief of Police of said city, his lawful officers and to all and singular sheriffs of said State or their deputies and coroners. Provided further that said city shall have the right to issue executions directed as aforesaid to be a lien aforesaid for any and all debts that may be owing to said city by any of the owners of property in said city or otherwise. Section 3 : An Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga.L. 1925, p. 1024, 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 Section 41 and inserting in lieu thereof a new Section 41, which shall provide as follows: Sec. 41. Notice to taxpayers of assessment; appeal. Following the assessment of all property in the city subject to taxation, it shall be the duty of the city clerk to notify the taxpayer or owners of the property of the amount assessed against him by said assessment, which notice shall be in writing, mailed by the city clerk to said taxpayer at the last known address of such taxpayer. Appeal from said assessments shall be in the manner provided by law for appeal from assessments of county ad valorem property taxes. Section 4: Severability . In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in

Page 4972

no manner affect the previously existing provisions of the other sections, subsections, sentences, clauses, or phrases of this ordinance, which shall remain in full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5 : All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6 : This ordinance shall become effective upon its adoption. First Reading: July 9, 1990 Second Reading: July 23, 1990 This ordinance having been properly considered and adopted by the City Council of the City of Fairburn, Georgia, same is hereby approved. This 23 day of July, 1990. /s/ Betty W. Hannah BETTY W. HANNAH MAYOR Attested to by: /s/ Bobbie C. Langston BOBBIE C. LANGSTON CLERK TO WHOM IT MAY CONCERN: I, BOBBIE C. LANGSTON, City Clerk of the City of Fairburn, 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

Page 4973

exact copy of the original thereof as the same appears on record in the office of the City Clerk of the City of Fairburn, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of the City this the 28 day of AUGUST, 1990. /s/ Bobbie C. Langston BOBBIE C. LANGSTON City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, BOBBIE C. LANGSTON, Clerk of the City of Fairburn, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of Fairburn, 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 JULY 23, 1990, 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 Fairburn 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 Fairburn 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 28 day of August, 1990.

Page 4974

/s/ Bobbie C. Langston Clerk, City of Fairburn Sworn to and subscribed before me this 28 day of August, 1990. /s/ Janice D. Boyd Notary Public, Fulton County, Georgia My Commission Expires June 2, 1991 AFFIDAVIT OF PUBLICATION I, R. Terry Smith do solemnly swear that I am Vice President of The Marietta Daily Journal and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of Municipal Home Rule Act of 1965 was inserted in the regular edition on June 14, 21st and July 5. /s/ R. Terry Smith This 1 day of October, 1990. /s/ Bobbie Blevin Notary Public, Georgia, State at Large My Commission Expires March 5, 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 Fairburn propose to consider for adoption an ordinance to amend an Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga.L. 1925, p. 1024, et seq.) and the several Acts amendatory thereof, so as to amend the provisions pertaining to Article V, Taxation, for the repeal of conflicting laws and ordinances, and for other purposes.

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A copy of the proposed ordinance is on file in the office of the City Clerk of the City of Fairburn, Fairburn City Hall, 56 Malone Street, Fairburn, 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 for the first time in the regular meeting of the Mayor and Council of the City of Fairburn on Monday, July 9, 1990, and will be considered for final adoption at the regular meeting of the Mayor and Council of the City of Fairburn on Monday, July 23, 1990. Bobbie C. Langston City Clerk City of Fairburn Filed in the Office of the Secretary of State October 5, 1990. CITY OF GAINESVILLERETIREMENT SYSTEM; BENEFITS. HR 90-01 AN ORDINANCE AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA

Page 4976

ENTITLED RETIREMENT SYSTEM AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA 36-34-2 AND 36-35-3; BY AMENDING SUB-PARAGRAPH (a-3) OF SECTION 3.69 ENTITLED RETIREMENT ELIGIBILITY TO PROVIDE THAT SERVICE IS LIMITED TO A MAXIMUM OF 36 YEARS; BY AMENDING SUB-PARAGRAPH (a) OF SECTION 3.70 ENTITLED RETIREMENT AND DISABILITY BENEFITS TO PROVIDE INCREASED BENEFITS TO BE PAID TO EMPLOYEES WHO ELECT TO WORK UP TO BUT NOT EXCEEDING 36 YEARS; BY AMENDING SUBPARAGRAPH (e) OF SECTION 3.70 ENTITLED RETIREMENT, DISABILITY AND DEATH BENEFITS TO PROVIDE INCREASED BENEFITS TO BE PAID TO EMPLOYEES WHO ELECT EARLY RETIREMENT; BY AMENDING SUBPARAGRAPH (i) OF SECTION 3.70 ENTITLED RETIREMENT, DISABILITY AND DEATH BENEFITS TO PROVIDE FOR AN INCREASE IN DISABILITY BENEFITS; BY AMENDING SECTION 3.70 ENTITLED RETIREMENT, DISABILITY AND DEATH BENEFITS TO ADD SUBPARAGRAPH 3.70(1) TO PROVIDE AN INCREASE IN MONTHLY BENEFITS FOR EACH RETIRED EMPLOYEE AS OF DECEMBER 31, 1990; BY AMENDING SUB-PARAGRAPH (b) OF SECTION 3.71 ENTITLED EMPLOYEES LEAVING SERVICE BEFORE RETIREMENT TO CHANGE THE NUMBER OF YEARS OF SERVICE WHICH AN EMPLOYEE MUST HAVE IN ORDER TO BE ENTITLED TO A FULLY VESTED DEFERRED PENSION IF CONTRIBUTIONS ARE LEFT IN THE FUND AND TO CHANGE THE DATE UPON WHICH SUCH PENSION IS PAYABLE; TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. Filed in Clerk's Office 11/05/90 First Reading 11/06/90 Published 11/08/90 Published 11/15/90 Published 11/22/90 Passed 12/04/90 SECTION I . Section 3.69 (a-3) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a-3) An employee may elect delayed retirement benefits which are defined as the salary and service accrued by an employee after his normal retirement

Page 4977

date. Service, for the purpose of this Article, is limited to a maximum of 36 years. SECTION II . Section 3.70(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a) An employee retiring under the provisions of this act, on or after January 1, 1991, shall receive a monthly benefit for his life equal to two and three-fourths percent (2-3/4%) of his average monthly salary, times his years of service not to exceed thirty-six (36) years, for benefit calculation purposes. Average monthly salary shall be defined as the employee's total salary for the five (5) highest consecutive calendar years during his period of service divided by sixty (60). Annual salary in excess of $200,000, as indexed under Internal Revenue Code Section 415(d), shall not be considered in computing benefits. SECTION III . Section 3.70(e) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (e) Upon the completion of at least twenty (20) years of service with the City prior to an employee's normal retirement date, an employee may elect to retire early, on or after January 1, 1991, and receive either (1) the right to a deferred pension commencing at his otherwise normal retirement date payable monthly for his life or (2) with some reduction, the right to have this pension commence immediately upon such early retirement. The benefit upon such early retirement, commencing at the employee's normal retirement date, shall be equal to his accrued benefit calculated as for normal retirement reflecting the average monthly salary and the service up to the date of such early retirement. If the retirement benefit commences immediately, such benefit shall be

Page 4978

reduced by three percent (3%) for each year or fraction thereof that the employee's age at early retirement is less than his otherwise normal retirement age. SECTION IV . Section 3.70(i) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (i) An employee determined to be disabled, as provided in Section 3.69 (d)(1)-(5), on or after January 1, 1991, and prior to his normal retirement date, and having completed at least one (1) year of service shall be eligible for a disability retirement benefit payable monthly for his life, subject to the provisions of Section 3.69(d)(6). The benefit upon such disability retirement, commencing immediately, shall be equal to the greater of: (1) fifty percent (50%) of the employee's average monthly salary, or (2) his accrued benefit at the time he is determined to be disabled. SECTION V . Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a sub-paragraph (1), which shall read as follows: (1) Each retired employee, as of December 31, 1990, who is receiving a monthly benefit as of such date shall receive, commencing January 1, 1991, an increase in his monthly benefit of one hundred dollars ($100.00). SECTION VI . Section 3.71(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:

Page 4979

(b) If an employee leaves the employ of the City, on or after January 1, 1991, and prior to having completed at least ten (10) years of continuous service and prior to being eligible for normal or disability retirement, he shall be entitled to a refund of his total employee contributions to the retirement system as of such termination date. If, however, subject to further provisions in this paragraph, upon such termination, the employee has completed at least ten (10) years of continuous service and elects to leave his contributions in the fund, he will be entitled to a deferred pension commencing at age sixty (60), instead of his otherwise normal retirement date, payable monthly for his life. Such deferred pension will be equal to his accrued benefit calculated as for normal retirement based on service and average monthly salary as of the date of termination. Such employee will forfeit all rights to a deferred pension if, at the time of termination or any subsequent date prior to the commencement of his vested benefits, he receives a refund of his employee contributions. SECTION VII . 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 36-5-3. SECTION VIII . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION IX . If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.

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SECTION X . The effective date of this Ordinance shall be January 1, 1991. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came William U. Monopoli, who, being first duly sworn, according to law, says that he/she is an agent of The Times, the official newspaper in which the Sheriff's advertisements in 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 Article 6 of the Charter Laws of the City of Gainesville, georgia entitled Retirement System is to be amended was published once a week for three (3) weeks on the following days: November 8, 1990 November 15, 1990 November 22, 1990 THE TIMES By: /s/ William U. Monopoli Title: Publisher Sworn to and subscribed before me this 27 day of November, 1990. /s/ Kristi J. Wasson Notary Public, Hall County, Georgia My Commission Expires July 31, 1993 (Seal) ORDINANCE NO. HR. 90-01 AN ORDINANCE to amend Article 6 of the Charter Laws of the City of Gainesville, Georgia entitled Retirement System as

Page 4981

authorized by the Charter of the City of Gainesville, Georgia and The Official Code of Georgia 36-34-2 and 36-35-3; by amending sub-paragraph (a-3) of Section 3.69 entitled Retirement Eligibility to provide that service is limited to a maximum of 36 years; by amending sub-paragraph (a) of Section 3.70 entitled Retirement and Disability Benefits to provide increased benefits to be paid to employees who elect to work up to but not exceeding 36 years; by amending sub-paragraph (i) of section 3.70 entitled retirement, disability and death benefits to provide for an increase in disability benefits; by amending section 3.70 entitled retirement, disability and death benefits to add sub-paragraph 3.70(1) to provide an increase in monthly benefits for each retired employee as of December 31, 1990; by amending sub-paragraph (b) of section 3.71 entitled Employees leaving service before retirement to change the number of years of service which an employee must have in order to be entitled to a fully vested deferred pension if contributions are left in the fund and to change the date upon which such pension is payable; to provide for a repealing clause; to provide for and effective date; and to provide for other purposes. #184676 November 8, 15, 22 Filed in the Office of the Secretary of State December 6, 1990. CITY OF BRUNSWICKCHARTER. ORDINANCE NO. 894 AN ORDINANCE TO AMEND AND CODIFY PROVISIONS OF THE MUNICIPAL CHARTER OF THE CITY OF BRUNSWICK; TO CONTINUE IN EFFECT CURRENT PROVISIONS OF SAID CHARTER, AS AMENDED FROM TIME TO TIME, AFFECTING THE COMPOSITION AND FORM OF THE MUNICIPAL GOVERNING AUTHORITY, THE PROCEDURE FOR ELECTION OF THE MEMBERS THEREOF, AND THE CONTINUANCE IN OFFICE AND LIMITATION THEREON FOR SUCH MEMBERS; TO

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AMEND SAID CHARTER SO AS TO PROVIDE FOR A CITY MANAGER AND OTHER OFFICERS, TO PROVIDE FOR BOUNDARIES AND POWERS OF THE CITY, AND TO PROVIDE FOR FISCAL MANAGEMENT, ADMINISTRATION OF MUNICIPAL BUSINESS AND RELATED MATTERS; TO CONTINUE IN EFFECT THE PROVISIONS OF SAID CHARTER, AS AMENDED, PARTICULARLY AS AMENDED BY AN ACT APPROVED FEBRUARY 17, 1950, AUTHORIZING THE LEVY AND COLLECTION OF TAXES; TO REPEAL PROVISIONS OF SAID CHARTER WHICH HAVE BEEN SUPERSEDED BY GENERAL LAW, WHICH HAVE BECOME OBSOLETE OR WHICH ARE IN CONFLICT WITH THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. THE COMMISSION OF THE CITY OF BRUNSWICK HEREBY ORDAINS AS FOLLOWS: SECTION 1 . It is the intent of this ordinance to continue in effect fundamental provisions of the municipal charter of the City of Brunswick concerning the governing authority and taxation, in conformity with Official Code of Georgia Annotated Sec. 36-35-6, limiting the home rule powers of municipal corporations; to modernize the charter by amending it in other respects pursuant to the Municipal Home Rule Act of 1965, particularly Official Code of Georgia Annotated Sec. 36-35-3; to repeal charter provisions which have been superseded by general law, which have become obsolete or which are in conflict with this ordinance; and to codify the resulting charter. SECTION 2 . Those fundamental provisions of the current charter which shall continue in effect are identified hereinafter by parenthetical references following such provisions. SECTION 3 . Those provisions of the current charter which are not identified hereinafter as provisions which shall continue in effect are hereby stricken in their entirety, provided, however, that this repealer shall not operate to affect vested rights, title to real property, the closure of streets or the names of streets as heretofore designated by the commission.

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SECTION 4 . Reference is hereby made to Section 2 of an Act approved August 11, 1920 (Ga. Laws 1920, pp. 757, 760) which provides: The offices of Mayor and Aldermen and all other officers of said city created by legislative enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authority pertaining thereto are hereby repealed, except as hereinafter provided for. The commission hereby finds that the foregoing effectively repealed that provision of an Act approved November 12, 1889 (Ga. Laws 1889, pp. 1010, 1015) subsequently codified as Section 15 of the charter as set forth in the Brunswick City Code, 1952. The 1889 provision, therefore, is not carried forward as a limitation of office in the charter as hereinafter set forth. SECTION 5 . If any provision of this ordinance or of the charter as hereinafter set forth is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the remaining provisions of the ordinance or charter. SECTION 6 . This ordinance and the charter set forth hereinafter shall become effective on January 1, 1991. SECTION 7 . As of said effective date the municipal charter of the City of Brunswick shall be as set forth in the pages appended hereto. Notice of intent published: September 15, 22, 29, 1990. Read and adopted first time: September 19, 1990. Read and adopted second time: October 3, 1990. /s/ Homer L. Wilson Mayor Attest: /s/ Georgia E. Marion Secretary of the Commission of the City of Brunswick

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CHARTER OF THE CITY OF BRUNSWICK ARTICLE I. INCORPORATION, POWERS, FORM OF GOVERNMENT Section 1.10. Name. The City of Brunswick, heretofore incorporated by an Act of the General Assembly approved February 22, 1856, shall have perpetual succession as a municipal corporation of the State of Georgia. Section 1.11. Corporate Boundaries. The boundaries of the 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 the city shall be shown or described at all times on a map, a written description or any combination thereof, to be retained permanently in the office of the clerk of the city. Section 1.12. Powers. The city shall have all the powers of self-government which it is possible for a city to have under the present or future Constitution and laws of the State of Georgia as fully as though they were specifically enumerated in this charter, and the same shall be carried into execution as provided by pertinent general law, by this charter or by ordinance, resolution or regulation adopted as provided by Official Code of Georgia Annotated Sec. 36-35-3(a). Section 1.13. Form of Government. The City of Brunswick shall be governed by a commission and a manager. (Enacted by Ga. Laws 1920, pp. 757, 760.) ARTICLE II. CITY COMMISSION Section 2.10. Commission; Election at Large.

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Subject to the residence requirement set forth hereinafter, the members of the commission shall be elected at large, by all the electors voting in a municipal election, in the manner provided by this charter. (Construction of Ga. Laws 1920, pp. 757, 761, as amended by Ga. Laws 1927, pp. 929, 937.) Section 2.11. Division of City into Wards. For the purpose of elections to the commission the city is divided into two wards which shall be known as the north ward and south ward, lying north and south, respectively, of a line running from the westerly terminus of L Street easterly to Stadium Street, thence along Stadium Street to K Street, thence along K Street to Glynn Avenue, thence southerly along Glynn Avenue to the Brunswick-St. Simons Causeway, thence easterly along the Causeway to the corporate limits of the city. Section 2.12. Commission; Number; Residence Requirement. The commission shall consist of five persons who shall have been citizens of said city for at least one year next preceding their election, two to be residents of the south ward, two from the north ward, and one from the city at large. Each commissioner must be at least twenty-five years of age. In the event the office of a commissioner shall become vacant, either by recall or for any other reason, then his successor for the unexpired term shall be a resident of the ward represented at the time of the election of the commissioner creating the vacancy. The term resident shall be held to mean a bona fide and continuous residence for a period of six months immediately preceding any election herein referred to. However, in the event of the removal of the residence of a member of the commission from one ward to another, the same shall not create a vacancy. (Enacted by Ga. Laws 1920, pp. 757, 761, as amended by Ga. Laws 1927, pp. 929, 937, and Ga. Laws 1949, pp. 339, 345.) Section 2.13. Elections; Date of Regular Elections. All regular and special elections shall be held and conducted in accordance with general law. The date of all regular elections occurring before January 1, 1993, shall be as heretofore provided, and thereafter the date of such elections shall be as provided by general law.

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Section 2.14. Nomination of Candidates. Candidates for election to the commission shall be nominated by petition. No political party shall conduct primaries for the purpose of nominating candidates. (Authorized by O.C.G.A. Sec. 21-3-95.) Section 2.15. Terms of Office. Except as otherwise provided by general law, the members of the commission shall serve for terms of four years and until their successors are elected and qualified. (In accord with O.C.G.A. Sec. 21-3-61(a) and 21-3-63.) Section 2.16. Oath of Office. The oath of office shall be administered to newly elected members of the commission as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of commissioner (or mayor) of the City of Brunswick, and that I will support and defend the city charter as well as the constitution and laws of the State of Georgia and of the United States of America. Section 2.17. Filling of Vacancies. In the case of the death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the commission shall proceed to call an election to fill such vacancy. (Enacted by Ga. Laws 1920, pp. 757, 777, as amended by O.C.G.A. Sec. 21-3-14, 21-3-53.) Section 2.18. Mayor. The commissioner elected from the city at large shall be the chairman of the commission and shall be designated as mayor, and shall have only such powers as are prescribed by the charter. The commissioner at large may succeed himself for one term but shall not be eligible to run for the office of commissioner at large until there has been a lapse of three (3) years from the end of the second term in office. However, nothing herein shall be construed to keep the said commissioner at large from running for the office of commissioner from the ward in which he is a resident immediately after

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serving as commissioner at large. (Enacted by Ga. Laws 1963, p. 3249.) Section 2.19. Mayor; Powers and Duties. The mayor shall have no more authority than any of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall approve the minutes of such meetings, shall act as mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex officio a member of all boards of which the mayor of said city is now ex officio a member. (Enacted by Ga. Laws 1920, pp. 757, 765.) Section 2.20. Mayor Pro Tem. The commission shall elect a mayor pro tem at the first meeting in January of each year. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability any one of the commissioners designated by a majority of the commission, shall perform the duties of the office of mayor so long as such absence or disability shall continue. Section 2.21. Quorum, Vacancies. A majority of the commission shall constitute a quorum for the transaction of business. (Construction of Ga. Laws, 1920, p. 757; cf., Ga. Laws 1989, pp. 1010, 1015.) In the event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall possess all the power and authority of the commission until the vacancy or vacancies shall be filled. (Enacted by Ga. Laws 1920, pp. 757, 768.) Section 2.22. Compensation and Expenses. City commissioners shall receive compensation and expenses for their services as provided by ordinance.

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ARTICLE III. CITY MANAGER AND OTHER OFFICERS Section 3.10. City Manager; Appointment; Qualifications; Compensation. The commission shall appoint a city manager to serve at will for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications, and he shall be the city's chief administrative officer. Section 3.11. Acting City Manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the commission, 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 commission 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 3.12. City Attorney. The commission shall appoint a city attorney, together with such assistant city attorneys as may be deemed necessary, who shall serve at will for an indefinite term. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, shall attend the meetings of the commission as directed and shall advise the commission and other officers and employees of the city concerning legal aspects of the city's affairs. Section 3.13. City Clerk. The commission shall appoint a city clerk who shall not be a member of the commission. The city clerk shall be custodian of the official city seal, shall maintain city commission records required by this charter and shall perform such other duties as may be required by the commission. Section 3.14. Municipal Court.

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The commission shall establish a municipal court by ordinance pursuant to Official Code of Georgia Annotated Sec. 36-32-1, which shall be known as the Municipal Court of the City of Brunswick, and shall provide for appointment of the judge or judges thereof. ARTICLE IV. COMMISSION MEETINGS AND PROCEDURE Section 4.10. Regular and Special Meetings. The commission shall hold regular meetings at such times as prescribed by ordinance. Special meetings of the commission may be held on call of the mayor or two members of the commission. Section 4.11. Rules of Procedure. The commission shall adopt rules governing procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of all its proceedings. Section 4.12. Action Requiring An Ordinance. Acts of the commission which have the force and effect of law shall be enacted by ordinance. Section 4.13. Ordinance Form; Procedure. (a) No ordinance shall be effective unless a notice of intent to enact or adopt the ordinance has been published once during the calendar week preceding enactment or adoption thereof in the newspaper in which the city's legal advertising is published, and no ordinance shall be enacted or adopted except at a regular or recessed regular meeting of the city commission. (b) Every ordinance shall be in writing at the time of its adoption and shall be filed with the city clerk immediately upon adoption. No ordinance shall contain subject matter which is not expressed in its title. The enacting clause shall be, The commission of the City of Brunswick hereby ordains..... Section 4.14. Codes of Technical Regulations.

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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 as prescribed for ordinances generally, provided that a copy of each adopted code of technical regulations as well as the adopting ordinance shall be filed with the city clerk pursuant to Section 4.13. Section 4.15. Authentication; Recording; Codification. (a) The city clerk shall authenticate by his signature all ordinances adopted by the commission and shall record them in a properly indexed book. (b) The commission shall provide for the codification of all the ordinances of a general and permanent nature, including only such codes of technical regulations as the commission may specify, together with this charter and such related laws as the commission may specify. This compilation shall be known and cited officially as The Code of the City of Brunswick, Georgia, and it shall be maintained continuously up to date. ARTICLE V. ADMINISTRATION Section 5.10. Authority of City Manager. The city manager shall have the following authority and duties: (1) 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. (2) 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 by personnel regulations 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.

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(3) He shall see that all laws, provisions of this charter and acts of the city commission subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed. (4) He shall attend all commission meetings and shall have the right to take part in discussion, but he may not vote. (5) He shall prepare and submit the annual budget to the commission. (6) He shall submit to the commission 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 commission may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. (8) He shall keep the commission fully advised as to the financial condition and future needs of the city and make such recommendations to the commission concerning the affairs of the city as he deems desirable. (9) He shall prepare and promulgate a position classification and pay plan, subject to approval of the commission. The 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 salary range applicable to any position shall not be increased or decreased except by amendment of the pay plan. For purposes of this subsection, the elected and some appointed city officials may not be deemed to be city employees. (10) He shall prepare and promulgate rules and regulations 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)

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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 personnel hearings as due process may require and (5) any other personnel matters, as may be necessary or appropriate to provide for adequate and systematic handling of personnel affairs. In addition to the foregoing, the city manager shall have such additional authority and duties as the commission may lawfully assign to him. Section 5.11. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the commission shall establish by ordinance the departments and agencies needed for the proper administration of the affairs and government of the city. (b) There shall be a director of each department or agency who shall be its principal officer. Each director shall be responsible for the administration and direction of the affairs and operations of his department or agency subject to the direction and supervision of the city manager. (c) 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 qualifications. (d) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the commission. The city manager may suspend or remove any director under his supervision for cause, provided that the director may appeal to the commission. Section 5.12. Boards, Committees and Authorities. (a) The commission shall create such boards, committees and authorities to fulfill any investigative, advisory or administrative function which the commission deems necessary and shall establish the composition, duties and powers thereof by ordinance or resolution as may be appropriate.

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ARTICLE VI. FINANCE Section 6.10. Taxation The commission of the City of Brunswick is hereby vested with full authority and power to levy and collect such taxes on the inhabitants of said city, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said city commission may deem expedient for the safety, benefit, convenience and advantage of said city. Besides real and personal property, the said city commission may tax capital invested in said city, stocks in money corporations, choses in action, incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, banks, insurance, express and other like companies or their agencies, and upon all other property or sources of profit not expressly prohibited or exempted by the laws of the State or of the United States, thus to raise such sum of money as may be necessary for the safety, convenience, benefit and interest of said city, the maintaining the municipal government and the payment of the debts thereof. (Enacted by Ga. Laws 1950, pp. 2770, 2772.) Section 6.11. Construction; Other Taxes. The commission shall be authorized to levy any other tax now or hereafter allowed by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.12. Fiscal Year; Budget Procedure. The commission shall adopt an ordinance or ordinances to establish a fiscal year for the operations of municipal government, to establish a procedure for the preparation, review and adoption of an annual budget, and to provide for an annual audit of the financial affairs and transactions of all funds and activities of the city for each fiscal year, in accordance with general state law. Section 6.13. Tax Levies.

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After adoption of the budget, the commission shall adopt an ordinance to levy such ad valorem taxes as are necessary to operate the city under a balanced budget; that is, the sum of estimated net revenues and appropriated fund balances shall be equal to appropriations. Section 6.14. Millage Rate; Due Date; Payment Methods. The commission shall establish a millage rate for ad valorem taxes, the due date and the date of delinquency. The commission may provide for the payment of such taxes by installments or in one lump sum and may authorize voluntary payment prior to the due date. Section 6.15. Changes in Appropriations. The commission shall be authorized to make changes in the appropriations contained in the current operations budget, provided that any additional appropriations may be made only from an existing unexpended surplus. Section 6.16. Centralized Purchasing; Procurement and Contract Procedure. The commission shall establish by ordinance a system of centralized purchasing for the city and a procedure for procurement and for the solicitation and consummation of contracts with the city. ARTICLE VII. GENERAL PROVISIONS Section 7.10. Bonds of Officials. City officers and employees, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the commission shall from time to time require by ordinance or as may be provided by general law. Section 7.11. Prior Ordinances.

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All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full force and effect until amended or repealed by the commission. Section 7.12. Existing Personnel and Officers. Except as specifically provided otherwise by this charter or by appropriate action of the commission, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect. Section 7.13. Pending Matters. Pending 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 commission. Section 7.14. Severability. If any provision of this charter is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the remaining provisions of this charter. Section 7.15. Effective Date. This charter shall become effective on January 1, 1991. CERTIFICATION The undersigned Secretary of the Commission of the City of Brunswick, Georgia, does hereby certify that the within attached Ordinance No. 894 is a true copy of an Ordinance adopted at the Regular Meeting of the Commission of the City of Brunswick held on September 19, 1990, and at the consecutive Regular Meeting of the Commission of said City held on October 3, 1990. This 27th day of December, 1990.

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/s/ Georgia E. Marion GEORGIA E. MARION Secretary of the Commission of the City of Brunswick, Georgia STATE OF GEORGIA GLYNN COUNTY PUBLISHER'S AFFIDAVIT Personally before the undersigned officer duly authorized to administer oaths came RON W. MAULDEN who upon being sworn deposes and says that he is the General Manager of The Brunswick News, a newspaper of general circulation in the City of Brunswick, Georgia; that deponent is authorized to make affidavits of publication on behalf of said newspaper; and that the attached Notice of Intent to Amend City Charter was published in said newspaper on the following dates, to-wit: September 15, 1990; September 22, 1990; and September 29, 1990. /s/ Ron W. Maulden RON W. MAULDEN Sworn to and subscribed before me this 27th day of December, 1990: /s/ Hazel R. Edgy NOTARY PUBLIC, STATE OF GEORGIA MY COMMISSION EXPIRES JAN. 13, 1991 NOTICE OF INTENT TO AMEND CITY CHARTER Notice is hereby given that there will be introduced for adoption at the Regular Meeting of the Commission of the City of Brunswick to be held at 7:00 o'clock P.M. on Wednesday, September 19, 1990, and again at the Regular Meeting of said Commission to be held at 8:30 o'clock A.M. on Wednesday, October 3, 1990, an ordinance to amend the municipal charter of the City of Brunswick.

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Said meetings will be held in the Commission Meeting Room in Brunswick City Hall, 601 Gloucester Street, Brunswick, Georgia 31520, and the public is invited to attend. Said ordinance is summarized in its title as follows: An ordinance to amend and codify provisions of the municipal charter of the City of Brunswick, to continue in effect current provisions of said charter, as amended from time to time, affecting the composition and form of the municipal governing authority, the procedure for election of the members thereof, and the continuance in office and limitation thereon for such members; to amend said charter so as to provide for a city manager and other officers, to provide for boundaries and powers of the City, and to provide for fiscal management, administration of municipal business and related matters; to continue in effect the provisions of said charter, as amended, particularly as amended by an act approved February 17, 1950, authorizing the levy and collection of taxes; to repeal provisions of said charter which have been superseded by general law, which have become obsolete or which are in conflict with this ordinance; to provide an effective date; and for other purposes. It is the intent of said ordinance to continue in effect fundamental provisions of the municipal charter of the City of Brunswick concerning the governing authority and taxation, in conformity with Official Code of Georgia Annotated Sec. 36-35-6, limiting the home rule powers of municipal corporations; to modernize the charter by amending it in other respects pursuant to the Municipal Home Rule Act of 1965, particularly Official Code of Georgia Annotated Sec. 36-35-3; to repeal charter provisions which have been superseded by general law, which have become obsolete or which are in conflict with said ordinance; and to codify the resulting charter. A copy of said proposed amendment is on file in the office of the Secretary of the Commission of the City of Brunswick and in the office of the Clerk of the Superior Court of Glynn County for the purpose of examination and inspection by the public. The Secretary of the Commission of the City of Brunswick will furnish anyone, upon written request, a copy of the proposed amendment. Dated this 12th day of September, 1990.

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s/Eugene Highsmith City Attorney city of Brunswick, Georgia Filed in the Office of the Secretary of State December 28, 1990.

Page I

APPELLATE COURTS SUPREME COURT OF GEORGIA As of March 1, 1991 HAROLD G. CLARKE Chief Justice GEORGE T. SMITH Presiding Justice RICHARD BELL Justice ROBERT BENHAM Justice NORMAN S. FLETCHER Justice WILLIS HUNT, JR. Justice CHARLES L. WELTNER 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 March 1, 1991 JOHN W. SOGNIER Chief Judge HAROLD R. BANKE Presiding Judge A. W. BIRDSONG, JR. Presiding Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge GARY B. ANDREWS Judge DOROTHY TOTH BEASLEY Judge GEORGE H. CARLEY Judge CLARENCE COOPER Judge MARION T. POPE, JR. 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 March 1, 1991 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, Judge, P.O. Box 1146, Covington, GA 30209 ALAN A. COOK, D.A., 1124 Clark Street, 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., 2nd Floor, 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. FRANK M. ELDRIDGE, Chief Judge, 615 Fulton County Courthouse, Atlanta, GA 30303 LUTHER ALVERSON, Judge, 205 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 405 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM W. DANIEL, Judge, 601 Fulton County Courthouse, Atlanta, GA 30303 PHILIP F. ETHERIDGE, Judge, 801 Fulton County Courthouse, Atlanta, GA 30303 JOEL J. FRYER, Judge, 907 Fulton County Courthouse, Atlanta, GA 30303 FRANK HULL, Judge, 210 Fulton County Courthouse, Atlanta, GA 30303 ISAAC JENRETTE, Judge, 957 Fulton County Courthouse, Atlanta, GA 30303 ED JOHNSON, Judge, 407 Fulton County Courthouse, Atlanta, GA 30303 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 LEAH SEARS-COLLINS, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 THELMA WYATT-CUMMINGS, Judge, 512 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 DAVID L. CAVENDER, Judge, P.O. Box 713, Hinesville, GA 31313 JAMES EMORY FINDLEY, Judge, P.O. Box 910, Reidsville, GA 30453 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

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AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Chief Judge, 305 City-County Building, Augusta, GA 30911 BERNARD J. MULHERIN, SR., Judge, 320 City-County Building, Augusta GA 30911 ALBERT McELVEEN PICKETT, Judge, 311 City-County Building, Augusta, GA 30911 FRANKLIN H. PIERCE, Judge, 305 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 Law Enforcement Center, 401 Walton Way, 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 A. BLENN TAYLOR, JR., Judge, P.O. Box 879, Brunswick, GA 31521 JAMES R. TUTEN, JR., Judge, P.O. Box 1473, Brunswick, GA 31521 AMANDA F. WILLIAMS, Judge, P.O. Box 879, Brunswick, GA 31521 GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup, GA 31545 ApplingSecond and third Mondays in February; third and fourth Mondays in October CamdenFirst Monday in April and November GlynnSecond Monday in March 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 KENNETH B. FOLLOWILL, Judge, P.O. Box 1340, Columbus, GA 31993 MRS. RUFE E. McCOMBS, Judge, P.O. Box 1340, Columbus, GA 31993 WILLIAM J. (BILL) SMITH, 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

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CHEROKEE CIRCUIT HONS. JERE F. WHITE, Chief Judge, P.O. Box 749, Cartersville, GA 30120 SHEPERD LEE HOWELL, Judge, P.O. Box 44, Cartersville, GA 30120 TOM POPE, Judge, P.O. Box 1117, Calhoun, GA 30701 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 STEPHEN E. BOSWELL, Judge, 209 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 WILLIAM H. BILLISON, Judge, 315 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 ROBERT E. FLOURNOY, JR., 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 DOROTHY A. ROBINSON, Judge, 30 Waddell St., Marietta, GA 30090-9643 MICHAEL STODDARD, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CHARRON, D.A., 10 East Park Square, 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 WILLIAM T. BOYETT, Judge, P.O. Box 2582, Dalton, GA 30722 CHARLES A. PANNELL, JR., Judge, P.O. Box 596, 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

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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 ALLEN B. KEEBLE, Judge, Troup County Courthouse, LaGrange, GA 30240 WILLIAM F. LEE, JR., Judge, P.O. Box 8, Newnan, GA 30264 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. BOB JAMES, Chief Judge, P.O. Box 794, Douglasville, GA 30133 DAVID T. EMERSON, Judge, P.O. Box 797, Douglasville, GA 30133 JAMES D. MCDADE, D.A., 6754 Broad Street, 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

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EASTERN CIRCUIT HONS. FRANK S. CHEATHAM, JR., Chief Judge, 212 Chatham County Courthouse, Savannah, GA 31499 PERRY BRANNEN, JR., Judge, 204 Chatham County Courthouse, Savannah, GA 31499 EUGENE H. GADSDEN, Judge, 203 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 PASCHAL A. ENGLISH, JR., Judge, 145 Johnson Avenue, Fayetteville, GA 30214 BEN J. MILLER, Judge, P.O. Box 307, Thomaston, GA 30286 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 JAMES A. HENDERSON, Judge, Gwinnett Justice and Administration Center, 75 Langley Dr., Lawrenceville, GA 30245 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, GA 30246 K. DAWSON JACKSON, Judge, 75 Langley Dr., Lawrenceville, GA 30245 RICHARD T. WINEGARDEN, Judge, 75 Langley Dr., Lawrenceville, GA 30245 TOM LAWLER III, D.A., 75 Langley Dr., Lawrenceville, GA 30245 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

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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 ChattoogaFirst Monday in February and August DadeFirst Monday in April; second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT HONS. WALKER P. JOHNSON, JR., Chief Judge, 310 Bibb County Courthouse, Macon, GA 31201 BRYANT CULPEPPER, Judge, 310 Bibb County Courthouse, Macon, GA 31201 TOMMY DAY WILCOX, JR., Judge, 310 Bibb County Courthouse, Macon, GA 31201 WILLIS SPARKS III, D.A., 3rd Floor, Grand 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 J, 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 WashintonFirst 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 JOHN GIRARDEAU, Judge, P.O. Box 49, Gainesville, GA 30503 RICHARD WAYNE STORY, Judge, P.O. Box 1778, 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

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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 JOHN LEE PARROTT, Judge, Jones County Courthouse, Box 1328, Gray, GA 31032-1328 WILLIAM A. PRIOR, JR., Judge, P.O. Box 728, Madison, GA 30650 JOE BRILEY, D.A., P.O. Box 1209, 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 1640, 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

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PATAULA CIRCUIT HONS. LOWREY S. STONE, Chief Judge, P.O. Drawer 687, Blakely, GA 31723 CHARLES M. FERGUSON, D.A., P.O. Box 508, 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 1220, 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 978, 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, Chief 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

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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 ROBERT JOSEPH CASTELLANI, Judge, 402 DeKalb County Courthouse, Decatur, GA 30030 DAN COURSEY, JR., Judge, 303 DeKalb County Courthouse, Decatur, GA 30030 HILTON FULLER, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030 CAROL W. HUNSTEIN, Judge, 504 DeKalb County Courthouse, Decatur, GA 30030 ROBERT P. MALLIS, Judge, 905 DeKalb County Courthouse, Decatur, GA 30030 JONATHAN C. PETERS, Judge, 900 DeKalb County Courthouse, Decatur, GA 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030 JAMES H. (JIM) WEEKS, Judge, 304 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 30132 HaralsonThird Monday in March and October PauldingThird Monday in February and September PolkThird Monday in January and August

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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 McDuffeSecond 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. JOSEPH J. GAINES, Chief Judge, P.O. Box 8045, Athens, GA 30603 HARRY N. GORDON, D.A., 325 E. Washington Street, Room 500, Athens, GA 30601 ClarkeSecond Monday in January, April, July, and October OconeeSecond Monday in March and September

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Election of local boards of education and appointment of local school superintendents 2032 Local constitutional amendments; repeal by local Act with referendum 2031 State lottery 2035 APPLICATION FOR AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES United States and state flags; disrespectful acts; proposal to amend the United States Constitution 2041 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-3-3; amended 1849 Code Section 1-4-10; enacted 788 Code Section 2-7-154; amended 452 Code Section 2-7-156; amended 452 Code Section 2-7-158; amended 452 Code Section 2-8-53; amended 997 Code Section 2-9-1; amended 1053 Code Section 2-9-5; amended 1053 Code Section 2-9-15; amended 1053 Code Section 3-6-21.1; amended 1164 Code Section 4-4-96.1; enacted 361 Code Section 4-4-151; enacted 361 Code Section 4-6-11; enacted 752 Code Title 4, Chapter 12; enacted 680 Code Section 5-6-4; amended 411 Code Section 5-6-35; amended 412 Code Section 6-3-22.1; enacted 953 Code Section 7-1-4; amended 94 Code Section 7-1-242; amended 810 Code Section 7-1-396; amended 94 Code Section 7-1-705; amended 720 Code Section 7-1-707; amended 94 Code Section 7-1-708; amended 94 Code Section 7-1-709; amended 784 Code Section 7-1-745; amended 1100 Code Section 7-1-840; amended 1374 Code Section 7-5-4; amended 94 Code Section 8-2-3; amended 987 Code Section 8-2-104; amended 258 Code Title 8, Chapter 3; amended 1653 Code Section 8-3-50; amended 390 Code Section 8-3-172; amended 391 Code Section 8-3-176; amended 391 Code Section 8-3-176; amended 94 Code Section 8-3-176.1; amended 94

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Code Section 8-3-180; amended 391 Code Section 8-3-209; amended 94 Code Section 8-3-301; amended 1653 Code Section 8-3-306; amended 1653 Code Section 8-3-310; amended 1653 Code Section 9-3-4; repealed 810 Code Section 9-3-27; amended 810 Code Section 9-3-29; amended 665 Code Section 9-10-150; amended 376 Code Section 9-10-153; amended 404 Code Section 9-10-160; amended 376 Code Section 9-11-4; amended 626 Code Section 9-12-135; amended 1324 Code Section 9-15-4; amended 1051 Code Section 10-1-7; amended 1299 Code Section 10-1-7; amended 913 Code Section 10-1-310; amended Vetoed HB 480 Code Section 10-1-393; amended 94 Code Section 10-1-393.3; enacted 1101 Code Section 10-1-397; amended 1346 Code Section 10-1-397; amended 1101 Code Section 10-1-417; amended 94 Code Section 10-1-510; amended 1161 Code Section 10-1-641; amended 797 Code Section 10-1-651; amended 797 Code Section 10-1-651; amended 94 Code Section 10-1-668; amended 94 Code Section 10-1-767; amended 94 Code Section 10-1-782; amended 94 Code Section 10-1-784; amended 94 Code Section 10-1-786; amended 94 Code Section 10-1-789; amended 604 Code Section 10-1-790; amended 94 Code Section 10-1-793; amended 94 Code Title 10, Chapter 1, Article 29; enacted 419 Code Section 10-2-5; amended 363 Code Section 10-2-44; repealed 323 Code Section 10-2-50; amended 323 Code Section 10-6-2; amended 410 Code Section 10-9-6; amended 1686 Code Section 10-9-9; amended 1093 Code Section 10-9-14; amended 1093 Code Section 10-9-15; amended 1093 Code Title 10, Chapter 11; enacted 1638 Code Section 11-9-302; amended 94 Code Section 11-10-105; amended 810 Code Section 12-2-1; amended 94 Code Section 12-2-2; amended 1738 Code Section 12-2-4; amended 1903 Code Section 12-2-6; amended Vetoed SB 272 Code Section 12-2-8; amended 1719 Code Section 12-3-10; amended 1007

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Code Section 12-3-193; amended 1690 Code Section 12-3-312; amended 1692 Code Section 12-5-23.2; enacted 1042 Code Section 12-5-29.1; amended 1386 Code Section 12-5-30.2; amended 1386 Code Section 12-5-42; amended 995 Code Section 12-5-127; amended 963 Code Section 12-5-129; amended 963 Code Section 12-5-135; amended 963 Code Section 12-5-138; amended 432 Code Title 12, Chapter 5, Article 7; enacted 1598 Code Section 12-8-24; amended 462 Code Section 12-8-62; amended 456 Code Section 12-8-101; amended 1740 Code Section 12-8-102; amended 1740 Code Section 12-8-103; amended 1740 Code Section 12-8-112.1; amended 1740 Code Section 12-9-9; amended 1735 Code Section 12-9-24; enacted 1735 Code Section 12-13-10; amended 1421 Code Section 12-14-1; amended 1371 Code Section 12-14-2; amended 1371 Code Section 12-14-3; amended 1371 Code Title 12, Chapter 16; enacted 1728 Code Section 13-6-15; amended 1299 Code Section 13-8-2.1; amended 94 Code Section 13-10-1; amended 777 Code Section 14-2-1109; amended 810 Code Title 14, Chapter 3; revised 465 Code Section 14-5-40; amended 465 Code Section 14-9-108; amended 1011 Code Section 15-2-4; amended 430 Code Title 15, Chapter 5, Article 6; enacted 634 Code Section 15-6-2; amended 278 Code Section 15-6-2; amended 288 Code Section 15-6-2; amended 280 Code Section 15-6-2; amended 276 Code Section 15-6-3; amended 372 Code Section 15-6-56; amended 364 Code Section 15-6-77; amended 1051 Code Section 15-6-77; amended 1324 Code Section 15-6-77.4; amended 1324 Code Section 15-7-21; amended 94 Code Section 15-7-24; amended 135 Code Section 15-9-36; amended 394 Code Section 15-9-37; amended 1753 Code Section 15-9-60; amended 1753 Code Section 15-9-127; amended 810 Code Section 15-10-82; amended 1753 Code Section 15-10-100; amended 1155 Code Section 15-11-2; amended 959 Code Section 15-11-4; amended 627

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Code Section 15-11-9.1; enacted 1823 Code Section 15-11-10; amended 627 Code Section 15-11-18.1; amended 346 Code Section 15-11-30; amended 959 Code Section 15-11-35; amended 1030 Code Section 15-11-38; amended 959 Code Section 15-11-39; amended 959 Code Section 15-11-49; amended 94 Code Section 15-11-49; amended 1030 Code Section 15-11-50; amended 627 Code Section 15-11-58; amended 959 Code Section 15-11-59; amended 959 Code Section 15-11-65; amended 627 Code Section 15-11-81; amended 94 Code Section 15-11-83; amended 94 Code Section 15-11-90; amended 602 Code Section 15-16-21; amended 1166 Code Section 15-18-4.1; enacted 135 Code Section 15-18-14; amended 744 Code Section 15-18-15; amended 135 Code Section 15-18-25; amended 135 Code Section 15-18-28; amended 94 Code Section 15-18-44; amended 1781 Code Section 16-5-4; enacted 719 Code Section 16-5-20; amended 971 Code Section 16-5-21; amended 971 Code Section 16-5-23; amended 971 Code Section 16-5-23.1; amended 971 Code Section 16-5-24; amended 971 Code Section 16-6-5.1; amended 1108 Code Section 16-6-8; amended 966 Code Section 16-7-64; amended 324 Code Title 16, Chapter 8, Article 4; enacted 1805 Code Section 16-9-5; amended 94 Code Section 16-9-55; amended 1653 Code Title 16, Chapter 9, Article 6; amended 1045 Code Section 16-10-2; amended 1749 Code Section 16-10-24.1; amended 755 Code Section 16-11-65; amended 1040 Code Section 16-11-130; amended 94 Code Section 16-12-35; amended 1398 Code Section 16-12-35; amended 1396 Code Section 16-12-53; amended 1113 Code Section 16-12-100; amended 886 Code Section 16-13-27; amended 312 Code Section 16-13-30.1; amended 886 Code Section 16-13-49; amended 886 Code Section 16-13-71; amended 312 Code Section 16-13-71.1; repealed 312 Code Section 16-13-79; amended 312 Code Section 17-4-20; amended 624 Code Section 17-4-20.1; enacted 1778

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Code Section 17-5-54; enacted 944 Code Section 17-6-1; amended 416 Code Section 17-6-1; amended 1401 Code Section 17-6-2; amended 94 Code Section 17-6-4; amended 749 Code Section 17-6-11; amended 1776 Code Section 17-6-11; amended 94 Code Section 17-7-131; amended 780 Code Section 17-8-55; amended 1377 Code Section 17-10-1; amended 310 Code Section 17-10-14; amended 959 Code Section 17-10-15; amended 974 Code Section 18-3-14; amended 94 Code Title 19, Chapter 1; redesignated 94 Code Section 19-6-15; amended 94 Code Section 19-6-32; amended 94 Code Section 19-6-32; amended 950 Code Section 19-6-33; amended 950 Code Section 19-7-1; amended 94 Code Section 19-7-45; amended 950 Code Section 19-7-46; amended 950 Code Section 19-8-5; amended 1640 Code Section 19-8-6; amended 1640 Code Section 19-8-7; amended 1640 Code Section 19-8-8; amended 94 Code Section 19-8-10; amended 94 Code Section 19-8-13; amended 1640 Code Section 19-8-14; amended 1640 Code Section 19-8-16; amended 1640 Code Section 19-8-20; amended 1640 Code Section 19-8-20; amended 1324 Code Section 19-8-23; amended 1640 Code Section 19-8-24; amended 1640 Code Section 19-8-24; amended 94 Code Section 19-8-25; amended 1640 Code Section 19-9-3; amended 1389 Code Section 19-11-9.1; amended 950 Code Section 19-11-27; enacted 950 Code Section 19-11-65; amended 94 Code Section 19-11-80; amended 94 Code Section 19-12-3; amended 1324 Code Title 19, Chapter 15; enacted 94 Code Section 20-1-7; enacted 1143 Code Section 20-1-24; amended 94 Code Section 20-2-11; amended 1630 Code Section 20-2-54.1; amended 94 Code Section 20-2-57; amended 406 Code Section 20-2-58; amended 726 Code Section 20-2-102; amended 1546 Code Section 20-2-108; amended 1546 Code Section 20-2-133; amended 1825 Code Section 20-2-152; amended 1531

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Code Section 20-2-154; amended 1630 Code Section 20-2-161; amended 1531 Code Section 20-2-164; amended 1531 Code Section 20-2-164; amended 1903 Code Section 20-2-166; amended 94 Code Section 20-2-167; amended 1531 Code Section 20-2-170; enacted 1579 Code Section 20-2-182; amended 1531 Code Section 20-2-182; amended 94 Code Section 20-2-188; amended Vetoed HB 557 Code Section 20-2-200; amended 94 Code Title 20, Chapter 2, Article 6, Part 6; amended 1546 Code Section 20-2-212.1; enacted 1630 Code Section 20-2-218; enacted 1630 Code Section 20-2-230; amended 1546 Code Section 20-2-250; amended 1630 Code Section 20-2-260; amended 1531 Code Section 20-2-281; amended 1543 Code Section 20-2-282; amended 1630 Code Section 20-2-290; amended 94 Code Section 20-2-480; enacted 1579 Code Section 20-2-695; amended 1546 Code Section 20-2-792; amended 1546 Code Section 20-2-793; amended 1546 Code Section 20-2-794; amended 1546 Code Section 20-2-795.1; amended 620 Code Section 20-2-796; amended 1546 Code Section 20-2-797; amended 1546 Code Section 20-2-833; amended 1546 Code Section 20-2-850; amended 1546 Code Section 20-2-850; amended 1531 Code Section 20-2-850; amended 1038 Code Section 20-2-881; amended 94 Code Section 20-2-911; amended 94 Code Section 20-2-942; amended 1546 Code Title 20, Chapter 2, Article 17, Part 10; amended 1546 Code Section 20-2-2002; amended 717 Code Title 20, Chapter 3, Article 2, Part 4; redesignated as Part 3 94 Code Section 20-3-91; amended 94 Code Section 20-3-96; amended 94 Code Section 20-3-151; amended 1577 Code Section 20-3-152; amended 1577 Code Section 20-3-250.2; amended 687 Code Section 20-3-250.3; amended 980 Code Section 20-3-250.3; amended 1165 Code Section 20-3-250.6; amended 687 Code Section 20-3-250.9; amended 687 Code Section 20-3-250.10; amended 687 Code Section 20-3-250.14; amended 687 Code Section 20-3-250.21; amended 687 Code Section 20-3-250.24; amended 687 Code Section 20-4-11; amended 1800

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Code Section 20-4-35; enacted 691 Code Section 20-5-42; amended 982 Code Section 20-13-8; amended 94 Code Section 21-2-32; amended 608 Code Section 21-2-135; amended 631 Code Section 21-2-170; amended 133 Code Section 21-2-213; amended 133 Code Section 21-2-267; amended 999 Code Section 21-2-470; amended 599 Code Section 21-2-523; amended 608 Code Section 21-2-527; amended 133 Code Section 21-2-540; amended 316 Code Section 21-3-52; amended 316 Code Section 21-3-91; amended 632 Code Section 21-3-93; amended 631 Code Section 21-3-380; amended 599 Code Section 21-3-442; amended 133 Code Section 21-4-3; amended 133 Code Section 21-4-3; amended Vetoed SB 382 Code Section 21-4-5; amended Vetoed SB 382 Code Section 21-4-6; amended 608 Code Section 21-4-6; amended Vetoed SB 382 Code Section 21-4-11; amended Vetoed SB 382 Code Section 22-4-11.1; amended 307 Code Section 24-5-26; amended 787 Code Section 24-10-27; amended 773 Code Section 24-10-27.1; enacted 773 Code Section 24-10-70; amended 94 Code Section 25-11-7; amended 1317 Code Title 25, Chapter 12; enacted 933 Code Section 26-2-260; amended 1115 Code Section 26-2-261; amended 1115 Code Section 26-2-262; amended 1115 Code Section 26-2-263; amended 1115 Code Section 26-2-264; amended 1115 Code Section 26-2-265; amended 1115 Code Section 26-2-266; amended 1115 Code Section 26-2-267; amended 1115 Code Section 26-2-268; amended 1115 Code Section 26-2-269; amended 1115 Code Section 26-2-270; amended 1115 Code Section 26-2-271; amended 1115 Code Section 26-2-272; amended 1115 Code Section 26-2-273; amended 1115 Code Section 26-2-274; amended 1115 Code Section 26-5-2; amended 94 Code Section 26-5-3; amended 94 Code Section 26-5-5; amended 977 Code Section 26-5-5; amended 94 Code Section 26-5-12; amended 94 Code Section 26-5-17; amended 94 Code Section 26-5-20; enacted 977

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Code Section 27-1-2; amended 693 Code Section 27-2-4; amended 94 Code Section 27-2-9; amended 94 Code Section 27-2-23; amended 1157 Code Section 27-3-26; enacted 1157 Code Section 27-3-27; enacted 1157 Code Section 27-3-48; amended 1782 Code Section 27-4-3; repealed 693 Code Section 27-4-10; amended 94 Code Section 27-4-110; amended 1012 Code Section 27-4-118; amended 693 Code Section 27-4-134; amended 1012 Code Section 27-4-135; repealed 693 Code Section 27-4-136; amended 693 Code Section 27-4-138; amended 1012 Code Title 27, Chapter 4, Article 4, Part 4; amended 693 Code Section 27-5-4; amended 1157 Code Section 27-5-5; amended 1157 Code Section 28-1-4; amended 746 Code Section 28-1-14; amended 747 Code Section 28-3-20; amended 622 Code Section 28-4-1; amended 5 Code Section 28-7-2; amended 1687 Code Section 29-5-8; amended 1839 Code Section 29-5-10; amended 1839 Code Section 29-5-11; amended 1839 Code Section 29-5-13; amended 1839 Code Section 29-6-15; amended 1019 Code Section 30-4-1; amended 616 Code Title 30, Chapter 6; amended 399 Code Section 31-1-7; amended 600 Code Section 31-2-5; amended 94 Code Section 31-2-6; enacted 341 Code Section 31-3-2.1; amended 94 Code Section 31-6-2; amended 1880 Code Section 31-6-2; amended 94 Code Section 31-6-2; amended 1871 Code Section 31-6-20; amended 1880 Code Section 31-6-40; amended 1871 Code Section 31-6-40.1; enacted 1419 Code Section 31-6-45; amended 1871 Code Section 31-6-45.1; amended 328 Code Section 31-6-47; amended 1419 Code Section 31-6-47; amended 1871 Code Section 31-6-48; amended 1880 Code Section 31-7-1; amended 94 Code Section 31-7-2.1; amended 1603 Code Section 31-7-3.2; enacted 1603 Code Section 31-7-35; amended 94 Code Section 31-7-71; amended 1391 Code Section 31-7-72; amended 94 Code Section 31-7-75; amended 1391

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Code Section 31-7-92; amended 94 Code Section 31-7-95; amended 94 Code Section 31-7-131; amended 1016 Code Section 31-7-133; amended 1016 Code Section 31-7-178; amended 94 Code Section 31-7-208; amended 94 Code Section 31-7-253; amended 94 Code Section 31-7-255; amended 94 Code Section 31-7-263; amended 721 Code Section 31-7-280; amended 94 Code Section 31-7-285; amended 94 Code Section 31-8-33; amended 94 Code Section 31-8-43; amended 94 Code Section 31-8-43.1; amended 94 Code Section 31-8-53; amended 94 Code Section 31-8-85; amended 1601 Code Section 31-8-86; amended 1601 Code Section 31-8-115; amended 1129 Code Section 31-8-155; amended 388 Code Section 31-9-2; amended 335 Code Section 31-9-6; amended 94 Code Section 31-10-5; amended 94 Code Section 31-10-7; amended 94 Code Section 31-10-8; amended 669 Code Section 31-10-9; amended 669 Code Section 31-10-11; amended 669 Code Section 31-10-13; amended 669 Code Section 31-10-14; amended 94 Code Section 31-10-15; amended 669 Code Section 31-10-15; amended 94 Code Section 31-10-20; amended 669 Code Section 31-10-23; amended 669 Code Section 31-10-23; amended 94 Code Section 31-10-26; amended 94 Code Section 31-10-29; amended 669 Code Section 31-11-30; amended 597 Code Section 31-11-58; amended 597 Code Section 31-12-12; enacted 1003 Code Section 31-13-6; amended 1411 Code Section 31-13-25; amended 94 Code Section 31-21-4; amended 94 Code Section 31-22-1; amended 94 Code Section 31-22-1; amended 349 Code Section 31-23-6; amended 94 Code Section 31-25-6; amended 94 Code Section 31-26-2; amended 94 Code Section 31-32-6; amended 94 Code Title 31, Chapter 38; enacted 1411 Code Title 31, Chapter 38; enacted 1853 Code Section 32-2-2; amended 1355 Code Section 32-3-15; amended 332 Code Section 32-4-42; amended 94

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Code Section 32-4-111; amended 94 Code Section 32-5-1; amended 94 Code Section 32-5-21; amended 1355 Code Section 32-6-24; amended 94 Code Section 32-6-51; amended 1861 Code Section 32-6-89; amended 94 Code Section 32-6-247; amended 94 Code Section 32-10-13; amended 94 Code Section 32-10-16; amended 94 Code Section 32-10-42; amended 94 Code Section 32-10-71; amended 1409 Code Section 32-10-75; amended 94 Code Section 32-10-99; amended 94 Code Title 33; amended 1424 Code Section 33-1-9; amended 1608 Code Section 33-1-16; amended 1608 Code Section 33-5-53; amended 1090 Code Section 33-5-54; amended 1090 Code Section 33-7-11; amended 1608 Code Section 33-9-4; amended 1608 Code Section 33-9-21; amended 1608 Code Section 33-9-42; enacted 1608 Code Section 33-9-42; enacted 1830 Code Section 33-9-43; enacted 1608 Code Section 33-9-43; enacted 1830 Code Section 33-9-44; enacted 1608 Code Section 33-14-61; amended 94 Code Section 33-20-2; amended 724 Code Section 33-20-4; amended 724 Code Section 33-20-6; amended 724 Code Section 33-23-58; amended 1864 Code Title 33, Chapter 23, Article 3; enacted 1403 Code Section 33-24-3; amended 1123 Code Section 33-24-45; amended 1608 Code Section 33-24-47.1; amended 1358 Code Section 33-24-50; amended 794 Code Section 33-24-53; enacted 1864 Code Section 33-25-10; amended 1055 Code Section 33-30-1; amended 94 Code Section 33-30-4.3; enacted 1901 Code Section 33-30-12; amended 94 Code Section 33-30-12; amended 1358 Code Section 33-30-13; amended 94 Code Section 33-31-2; amended 1092 Code Title 33, Chapter 34; amended 1608 Code Section 33-34-13; amended 94 Code Section 33-34-16; repealed 1830 Code Section 33-34-16.1; repealed 1830 Code Section 33-34-16.2; repealed 1830 Code Section 33-34-16.3; repealed 1830 Code Title 33, Chapter 47; enacted 1606 Code Title 33, Chapter 47; enacted 1021

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Code Title 34, Chapter 8; amended 139 Code Section 34-9-1; amended Vetoed SB 272 Code Section 34-9-1; amended 1850 Code Section 34-9-1; amended 94 Code Section 34-9-1; amended 677 Code Section 34-9-48.1; enacted 405 Code Section 34-9-100; amended 359 Code Section 34-9-151; amended 947 Code Section 34-9-152; amended 369 Code Section 34-9-281; amended 1586 Code Section 34-9-386; amended 94 Code Section 34-11-15; amended 258 Code Section 34-11-15.1; enacted 258 Code Section 34-11-17; amended 258 Code Section 34-13-5; amended 258 Code Section 34-13-8; amended 258 Code Section 34-13-14; amended 94 Code Section 35-1-4; amended 723 Code Section 35-1-9; enacted 1868 Code Section 35-2-43; amended 1375 Code Section 35-2-48; amended 1375 Code Section 35-6A-3; amended 435 Code Section 35-8-13; amended 94 Code Section 36-1-20; amended 993 Code Section 36-1-23; enacted 1002 Code Section 36-12-5; amended 431 Code Section 36-15-9; amended 1324 Code Section 36-30-3; amended 989 Code Section 36-30-12; amended 989 Code Section 36-32-7; amended 94 Code Section 36-32-21; amended 326 Code Section 36-35-3; amended 94 Code Section 36-37-6.1; amended 796 Code Section 36-41-3; amended 989 Code Section 36-41-5; amended 1653 Code Section 36-41-12; amended 1653 Code Section 36-42-7; amended 94 Code Title 36, Chapter 45, Article 1; designated Vetoed HB 287 Code Section 36-45-5; amended Vetoed HB 287 Code Section 36-45-7; amended Vetoed HB 287 Code Title 36, Chapter 45, Article 2; enacted Vetoed HB 287 Code Section 36-60-6; repealed 924 Code Section 36-60-6.1; repealed 924 Code Section 36-60-10; amended 989 Code Section 36-62-6; amended 1044 Code Title 36, Chapter 67A; amended 1365 Code Section 36-69-3.1; enacted 1311 Code Section 36-71-13; amended 94 Code Title 36, Chapter 72; enacted 924 Code Section 36-82-7; amended 338 Code Section 36-82-75; amended 1103 Code Section 36-82-182; amended 1653

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Code Section 36-82-182; amended 94 Code Section 36-82-190; amended 94 Code Section 36-82-190; amended 1653 Code Section 36-82-195; amended 1653 Code Section 36-82-196; amended 94 Code Section 36-85-1; amended 717 Code Section 37-1-1; amended 1059 Code Section 37-1-24; enacted 1059 Code Section 37-2-11.2; enacted 1059 Code Section 37-3-1; amended 1059 Code Section 37-3-21; amended 1059 Code Section 37-3-22; amended 1059 Code Section 37-3-24; amended 1059 Code Section 37-3-43; amended 1059 Code Section 37-3-61; amended 1059 Code Section 37-3-64; amended 1059 Code Section 37-3-81; amended 1059 Code Section 37-3-81.1; amended 1059 Code Section 37-3-82; amended 1059 Code Section 37-3-83; amended 1059 Code Section 37-3-85; amended 1059 Code Section 37-3-93; amended 1059 Code Section 37-3-94; amended 1059 Code Section 37-3-162; amended 1059 Code Section 37-3-166; amended 1059 Code Section 37-3-168; amended 1059 Code Section 37-4-2; amended 94 Code Section 37-4-6; amended 1059 Code Section 37-4-122; amended 1059 Code Section 37-4-125; amended 1059 Code Section 37-7-1; amended 1059 Code Section 37-7-2; amended 977 Code Section 37-7-21; amended 1059 Code Section 37-7-22; amended 1059 Code Section 37-7-24; amended 1059 Code Section 37-7-43; amended 1059 Code Section 37-7-61; amended 1059 Code Section 37-7-64; amended 1059 Code Section 37-7-81; amended 1059 Code Section 37-7-81.1; amended 1059 Code Section 37-7-82; amended 1059 Code Section 37-7-83; amended 1059 Code Section 37-7-85; amended 1059 Code Section 37-7-93; amended 1059 Code Section 37-7-94; amended 1059 Code Section 37-7-162; amended 1059 Code Section 37-7-166; amended 1059 Code Section 37-7-168; amended 1059 Code Section 38-2-25; amended 1393 Code Section 38-3-27; amended 654 Code Section 38-4-2; amended 330 Code Section 40-2-1; amended 327

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Code Section 40-2-6; amended 1145 Code Section 40-2-41; amended 779 Code Section 40-2-46; enacted 1683 Code Section 40-2-76; repealed 373 Code Section 40-2-84; amended 1145 Code Section 40-2-85.1; enacted 1036 Code Section 40-3-92; amended 969 Code Section 40-5-1; amended 1886 Code Section 40-5-2; amended 1870 Code Section 40-5-22; amended 321 Code Section 40-5-55; amended 1886 Code Section 40-5-57; amended 1587 Code Section 40-5-63; amended 1886 Code Section 40-5-68; amended 1886 Code Section 40-5-75; amended 1767 Code Section 40-5-82; amended 1140 Code Section 40-5-83; amended 1140 Code Section 40-5-121; amended 1886 Code Section 40-5-142; amended 618 Code Section 40-5-147; amended 618 Code Section 40-5-151; amended 618 Code Section 40-6-3; amended 1000 Code Section 40-6-14; enacted 417 Code Section 40-6-27; enacted 943 Code Section 40-6-142; amended 1004 Code Section 40-6-253; enacted 1587 Code Section 40-6-253; enacted 1058 Code Section 40-6-270; amended 1608 Code Section 40-6-391; amended 1886 Code Section 40-6-391.1; amended 1886 Code Section 40-6-391.2; enacted 1896 Code Section 40-6-391.2; enacted 1140 Code Section 40-6-392; amended 1886 Code Section 40-6-393.1; enacted 1109 Code Section 40-8-92; amended 1145 Code Section 40-9-2; amended 1608 Code Section 40-9-30; enacted 309 Code Section 40-9-40; amended 1324 Code Section 41-1-5; amended 94 Code Section 41-2-8; amended 94 Code Section 41-2-9; amended 94 Code Section 41-2-10; amended 94 Code Section 41-2-11; amended 94 Code Section 41-2-12; amended 94 Code Section 41-2-14; amended 94 Code Section 41-2-16; amended 94 Code Section 41-2-17; amended 94 Code Section 42-1-5; amended 94 Code Section 42-1-7; enacted 1352 Code Section 42-1-7; enacted 1319 Code Section 42-1-7; enacted 1348 Code Section 42-3-27; amended 94

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Code Section 42-4-31; amended 1009 Code Section 42-5-50; amended 94 Code Section 42-5-52; amended 94 Code Section 42-5-53; amended 94 Code Section 42-8-26; amended 94 Code Section 42-8-30.1; enacted 1135 Code Section 42-8-34.2; amended 1051 Code Section 42-8-34.2; amended 94 Code Section 42-8-35.1; amended 1751 Code Section 42-8-70; amended 1302 Code Title 42, Chapter 8, Article 6; enacted 1135 Code Section 42-9-45; amended 94 Code Section 42-10-3.1; enacted Vetoed HB 763 Code Section 42-10-4; amended 94 Code Section 43-1-19.1; enacted Vetoed HB 774 Code Section 43-3-6; amended 371 Code Section 43-5-1; amended 750 Code Section 43-5-2; amended 750 Code Section 43-6-11; amended 801 Code Section 43-6-11.1; amended 801 Code Section 43-6-11.2; enacted 799 Code Section 43-6-12; amended 799 Code Section 43-6-13; amended 799 Code Section 43-6-22.1; enacted 801 Code Section 43-11-17; amended 450 Code Section 43-11-18; amended 1056 Code Section 43-11-46.1; enacted 350 Code Section 43-11-70.1; enacted 352 Code Section 43-11-73.1; enacted 350 Code Section 43-14-6; amended 1581 Code Section 43-14-9; amended 1581 Code Section 43-14-16; amended 1581 Code Section 43-15-2; amended 1133 Code Section 43-17-5; amended 789 Code Section 43-18-41; amended 94 Code Section 43-18-46; amended 94 Code Section 43-18-51; amended 94 Code Section 43-18-90; amended 94 Code Section 43-19-12; amended 1130 Code Section 43-19-18; amended 1130 Code Section 43-19-19; amended 1130 Code Section 43-20-4; amended 401 Code Section 43-20-8; amended 401 Code Section 43-20-9; amended 401 Code Section 43-20-10; amended 401 Code Section 43-20-11; amended 401 Code Section 43-28-3; amended 379 Code Section 43-28-7; amended 379 Code Section 43-28-8.1; enacted 379 Code Section 43-28-9; amended 379 Code Section 43-28-10; amended 379 Code Section 43-28-11; amended 379

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Code Section 43-28-12; amended 379 Code Section 43-28-13; amended 379 Code Section 43-28-14; amended 379 Code Section 43-28-15; amended 379 Code Section 43-34-26.1; amended 94 Code Section 43-38-6; amended 1027 Code Section 43-38-11.1; amended 1027 Code Section 43-38-14; amended 1027 Code Section 43-39-7; amended 1147 Code Section 43-39-8; amended 1147 Code Section 43-39-10; amended 1147 Code Section 43-39-13; amended 1147 Code Section 43-39-14; amended 1147 Code Section 43-39-15; amended 1147 Code Section 43-39-17; amended 1147 Code Section 43-39A-2; amended 266 Code Section 43-39A-3; amended 266 Code Section 43-39A-8; amended 266 Code Section 43-39A-8; amended 94 Code Section 43-39A-9; amended 266 Code Section 43-39A-11; amended 266 Code Section 43-39A-14; amended 94 Code Section 43-39A-24; amended 266 Code Section 43-40-8; amended 642 Code Section 43-40-9; amended 642 Code Section 43-40-12; amended 642 Code Section 43-40-15; amended 642 Code Section 43-40-15; amended 94 Code Section 43-40-19; amended 642 Code Section 43-40-25; amended 642 Code Section 43-41-1; amended 1784 Code Section 43-41-3; amended 1784 Code Section 43-41-5; amended 1784 Code Section 43-41-6; amended 1784 Code Section 43-41-7; amended 1784 Code Section 43-41-8; amended 1784 Code Section 43-41-9; amended 1784 Code Section 43-41-10; amended 1784 Code Section 43-41-11; amended 1784 Code Section 43-41-13; amended 1784 Code Section 43-41-14; repealed 1784 Code Section 43-41-15; repealed 1784 Code Section 43-41-16; amended 1784 Code Section 43-41-17; amended 1784 Code Section 43-41-18; amended 1784 Code Section 43-44-16; amended 94 Code Section 43-45-8; amended 1423 Code Section 43-47-2; amended 983 Code Section 43-47-8; amended 983 Code Section 43-47-10; amended 983 Code Section 43-48-2; amended 94 Code Section 43-50-3; amended 375

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Code Section 43-51-2; amended 954 Code Section 43-51-3; amended 954 Code Section 43-51-6; amended 954 Code Section 43-51-8; amended 954 Code Section 43-51-15; amended 954 Code Section 44-2-210; amended 1324 Code Section 44-3-9; amended 94 Code Section 44-3-19; amended 94 Code Section 44-3-91; amended 94 Code Section 44-3-93; amended 94 Code Section 44-3-111; amended 94 Code Section 44-5-60; amended 334 Code Section 44-6-162; amended 94 Code Section 44-7-37; amended 94 Code Section 44-7-37; amended 360 Code Section 44-7-51; amended 94 Code Section 44-7-51; amended 968 Code Section 44-14-3; amended 413 Code Section 44-14-5; amended 1653 Code Section 44-14-35.1; amended 94 Code Section 44-14-360; amended 915 Code Section 44-14-361; amended 915 Code Section 44-14-361.1; amended 639 Code Section 44-14-366; enacted 915 Code Section 44-14-453; amended 1137 Code Section 44-14-454; amended 1137 Code Section 44-14-455; amended 1137 Code Section 44-14-474; amended 1608 Code Section 44-14-574; amended 1324 Code Section 45-3-14; amended 94 Code Section 45-6-4; amended 1125 Code Section 45-7-4; amended 1363 Code Section 45-9-4; amended 1154 Code Section 45-9-21; amended 1821 Code Section 45-9-80; amended 1312 Code Section 45-9-81; amended 1312 Code Section 45-9-81; amended 771 Code Section 45-9-82; amended 1312 Code Section 45-9-84.2; amended 1312 Code Section 45-9-85; amended 1312 Code Section 45-9-86; amended 1312 Code Section 45-9-86; amended 771 Code Section 45-22-2; amended 1304 Code Section 45-22-5; amended 1304 Code Section 45-22-6; amended 1304 Code Section 45-22-7; amended 1304 Code Section 45-22-8; amended 1304 Code Section 45-22-9; amended 1304 Code Section 45-22-11; amended 1304 Code Section 46-2-26.4; enacted 1705 Code Title 46, Chapter 3A; enacted 1696 Code Section 46-4-25; amended 1804

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Code Section 46-5-100; amended 1324 Code Section 46-5-122; amended 93 Code Section 46-5-134; amended 94 Code Section 46-5-134; amended 93 Code Section 46-10-3.1; amended 1707 Code Section 46-10-6; amended 1707 Code Section 46-10-9; amended 1707 Code Section 47-1-2; amended 994 Code Section 47-1-30; amended 605 Code Section 47-2-21; amended 274 Code Section 47-2-56; amended 130 Code Section 47-2-141; amended 1297 Code Section 47-2-222; amended 358 Code Section 47-2-244; amended Vetoed SB 153 Code Section 47-2-298; amended 130 Code Section 47-3-1; amended 1546 Code Section 47-3-21; amended 274 Code Section 47-3-68; amended 614 Code Section 47-3-83; amended 996 Code Section 47-3-84.2; amended 130 Code Section 47-3-91; amended 130 Code Section 47-5-24; amended 130 Code Section 47-7-1; amended 755 Code Section 47-7-26; amended 755 Code Section 47-7-40; amended 755 Code Section 47-7-41; amended 755 Code Section 47-7-60; amended 755 Code Section 47-7-81; amended 755 Code Section 47-7-82; amended 755 Code Section 47-7-100; amended 130 Code Section 47-7-100; amended 755 Code Section 47-7-101; amended 755 Code Section 47-7-102; amended 130 Code Section 47-7-105; amended 755 Code Section 47-7-124; amended 130 Code Section 47-7-126; enacted 755 Code Section 47-9-60; amended 130 Code Section 47-9-60; amended 748 Code Section 47-9-70; amended Vetoed HB 478 Code Section 47-9-76; amended 300 Code Section 47-10-63; amended 130 Code Section 47-10-65; amended 130 Code Section 47-10-100; amended Vetoed HB 478 Code Section 47-11-20; amended 1105 Code Section 47-11-40; amended 130 Code Section 47-13-2; amended 130 Code Section 47-13-40.1; amended 130 Code Section 47-16-61; amended 753 Code Section 47-16-101; amended 130 Code Section 47-17-22; amended 786 Code Section 47-19-1; amended 274 Code Section 47-20-10; amended 685

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Code Section 47-20-32; amended 353 Code Section 47-20-33; amended 353 Code Section 47-20-34; amended 353 Code Section 47-20-63; amended 130 Code Section 47-20-64; enacted 356 Code Section 48-1-2; amended 367 Code Section 48-2-15; amended 303 Code Section 48-2-32; amended 715 Code Section 48-2-55; amended 713 Code Section 48-2-59; amended 716 Code Section 48-5-1; amended 1903 Code Section 48-5-2; amended 1903 Code Section 48-5-6; amended 1903 Code Section 48-5-7; amended 1903 Code Section 48-5-7.1; amended 1903 Code Section 48-5-7.1; amended 668 Code Section 48-5-7.4; enacted 1903 Code Section 48-5-7.5; enacted 1903 Code Section 48-5-15; amended 1110 Code Section 48-5-18; amended 303 Code Section 48-5-18; amended 6 Code Section 48-5-24; amended 303 Code Section 48-5-32; amended 1903 Code Section 48-5-32.1; enacted 1903 Code Section 48-5-33; repealed 1903 Code Section 48-5-153; amended 668 Code Section 48-5-162; amended 94 Code Section 48-5-183; amended 94 Code Section 48-5-212; amended 365 Code Section 48-5-264.1; enacted 666 Code Section 48-5-269; amended 1903 Code Section 48-5-274; amended 1903 Code Section 48-5-274; amended 1801 Code Section 48-5-311; amended 1110 Code Section 48-5-311; amended 664 Code Section 48-5-312; amended 303 Code Section 48-5-341; amended 728 Code Section 48-5-342; amended 728 Code Section 48-5-344; amended 728 Code Section 48-5-345; amended 728 Code Section 48-5-346; amended 728 Code Section 48-5-347; repealed 728 Code Section 48-5-348; amended 728 Code Section 48-5-349; repealed 728 Code Section 48-5-349.1; repealed 728 Code Section 48-5-349.2; amended 728 Code Section 48-5-349.3; amended 728 Code Section 48-5-349.4; amended 728 Code Section 48-6-2; amended 965 Code Section 48-7-41; enacted 1709 Code Section 48-7-80; amended 368 Code Section 48-7-103; amended 739

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Code Section 48-7-104; amended 739 Code Section 48-7-126; amended 739 Code Section 48-7-161; amended 139 Code Title 48, Chapter 7A; enacted 87 Code Section 48-8-3; amended 87 Code Section 48-8-82; amended 87 Code Section 48-8-110; amended 87 Code Section 48-10-2; amended 434 Code Section 48-10-6; amended 94 Code Section 48-10-7; amended 94 Code Section 48-10-14; amended 94 Code Section 48-13-51; amended 292 Code Section 48-13-54; amended 292 Code Section 48-13-55; amended 810 Code Section 48-15-11; amended 94 Code Section 49-5-3; amended 408 Code Section 49-5-10; amended 959 Code Section 49-5-10.1; amended 959 Code Section 49-5-12; amended 1640 Code Section 49-5-12; amended 408 Code Section 49-5-41; amended 1320 Code Section 49-5-130; amended 435 Code Section 49-5-131; amended 435 Code Section 49-5-132; amended 435 Code Section 49-5-133; amended 435 Code Section 49-5-134; amended 435 Code Section 49-5-135; amended 435 Code Section 49-5-150; amended 435 Code Section 49-5-151; amended 435 Code Section 49-5-152; amended 435 Code Section 49-5-153; amended 435 Code Section 49-5-154; amended 435 Code Section 49-5-155; amended 435 Code Title 49, Chapter 5, Article 7; repealed 435 Code Section 49-5-183; amended 1320 Code Section 49-5-203; amended 435 Code Section 49-5-205; amended 435 Code Section 49-5-208; amended 435 Code Section 49-5-224; amended 435 Code Section 49-5-227; amended 435 Code Title 49, Chapter 5, Article 11; enacted 1648 Code Section 50-5-60.1; enacted 606 Code Section 50-5-60.2; enacted 606 Code Section 50-5-67; amended 1380 Code Section 50-5-72; amended 139 Code Section 50-5-79; amended 1380 Code Section 50-5-82; enacted Vetoed HB 450 Code Title 50, Chapter 5, Article 3, Part 4; enacted 1380 Code Section 50-5-184; amended 389 Code Section 50-7-12.1; enacted Vetoed SB 357 Code Section 50-8-13; amended 1653 Code Title 50, Chapter 8, Article 9; enacted 1712

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Code Section 50-9-5; amended 970 Code Title 50, Chapter 12, Article 1; repealed 94 Code Section 50-12-43; amended 1590 Code Section 50-12-44; amended 1590 Code Section 50-12-45; amended 1590 Code Section 50-12-48; amended 1590 Code Section 50-12-71; amended 1773 Code Title 50, Chapter 12, Article 4, Part 3, Subpart 2; enacted 1773 Code Section 50-13-18; amended 1400 Code Section 50-13-23; amended 1301 Code Section 50-17-21; amended 1653 Code Section 50-17-59; amended 94 Code Section 50-18-76; enacted 1943 Code Section 50-23-3; amended 1685 Code Section 50-23-5; amended 94 Code Section 50-25-2; amended 425 Code Section 50-25-4; amended 425 Code Section 50-25-6; amended 425 Code Title 50, Chapter 26; enacted 1653 Code Section 51-1-42; enacted 1585 Code Section 51-10-6; amended 1126 Code Section 51-12-14; amended 1394 Code Section 53-1-6; amended 810 Code Section 53-3-6; amended 394 Code Section 53-3-14; amended 394 Code Section 53-4-4; amended 660 Code Section 53-4-5; amended 660 Code Section 53-5-2; amended 948 Code Section 53-5-4; amended 948 Code Section 53-6-24; amended 394 Code Section 53-6-26; amended 810 Code Section 53-6-29; amended 394 Code Section 53-8-9; amended 810 Code Title 53, Chapter 12; revised 810 Code Title 53, Chapter 13; repealed 810 Code Title 53, Chapter 14; repealed 810 Code Title 53, Chapter 15; repealed 810 Code Title 53, Chapter 16; repealed 810 Code Title 53, Chapter 17; repealed 810 COURTS SUPREME COURT Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Justices; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Motion for a rehearing changed to motion for reconsideration 430

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COURT OF APPEALS Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 SUPERIOR COURTS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; additional judge 278 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Blue Ridge Judicial Circuit; additional judge 280 Butts County; clerk; compensation 3689 Certain children sentenced to Department of Corrections; effective date amended 959 Clayton County; deputy clerk; compensation; civil service benefits 4545 Clayton County; sheriff; clerk; compensation 4643 Clerks; certain fees 1324 Clerks; chief deputy clerks; interim service as clerks; limitation 364 Dawson County; sheriff; compensation 3817 District attorneys; military service; eligibility for reelection; fines 135 Eastern Judicial Circuit; additional judge 288 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Forfeiture; illegal hunting of deer at night; retaining property for use 1782 Fulton County; clerk; vacancy 3651 Gwinnett Judicial Circuit; additional judge 280 Homicide; one year and a day rule; eliminated 719 Judges; election cases; powers, duties, and procedures 608 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Personal property; custody; law enforcement agencies; return or disposition 944 Probation shortened; notice and hearing 310 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Rabun County; clerk; compensation Vetoed HB 759 Recall Act of 1989; legal sufficiency; hearing Vetoed SB 382 Rockdale Judicial Circuit; additional judge 276 Tallapoosa Judicial Circuit; additional assistant district attorney 4750 Tallapoosa Judicial Circuit; judges; district attorney; supplemental expense account 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Walker County; clerk; personnel; compensation 4434 JUVENILE COURTS Associate judges; authority to perform marriage ceremonies 627

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Certain children sentenced to Department of Corrections; effective date amended 959 Child abuse reports; access; reclassification of child abuse cases 1320 Council of Juvenile Court Judges; membership; associate judges 627 Final orders of termination of parental rights; transmittal to Department of Human Resources 602 Probation and intake services; transfer to Department of Human Resources 1823 Serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 PROBATE COURTS Bryan County; judge; compensation 4116 Catoosa County; part-time clerical assistance 3590 Clerks; counties of 100,000 or more population 394 Clerks; dockets; court costs 1753 Dougherty County; judge; compensation 3812 Fulton County; judge; vacancy 3651 Guardians ad litem; lost wills; letters of administration 394 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Probation; contracts; services 1135 Walker County; judge; personnel; compensation 4430 Walton County; judge; service as chief magistrate terminated 4234 Year's support; amount; burden of proof; application 948 STATE COURTS Athens-Clarke County; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Bailable offenses; judicial officer; family violence 1401 Carroll County; judge; compensation 4079 Chatham County; clerk; term; removal; interim clerk 4489 Chattooga County; judge; solicitor; compensation 3846 Clayton County; deputy clerk; compensation; civil service benefits 4547 Clayton County; judges; compensation 4637 Clayton County; solicitor; compensation 4647 Cobb County; state court; additional judge 4679 Decatur County; judge; compensation 3730 DeKalb County; fees 4323 Effingham County; judge; solicitor; compensation 3648 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Judges; General Assembly; members; oath of office 746 Judges; mandatory retirement Vetoed HB 478 Lowndes County; judge; full-time service; compensation 3551 Muscogee County; full-time chief assistant solicitor; duties; compensation 4165 Personal property; custody; law enforcement agencies; return or disposition 944 Solicitors; military service; eligibility for reelection; fines 135

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MAGISTRATE COURTS Bad checks; warrant; fee 1753 Bailable offenses; judicial officer; family violence 1401 Banks County; law library fees 3923 Candler County; chief magistrate; magistrate; appointment 4091 Clerks; issue dispossessory proceedings summons 968 Cobb County; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Hancock County; chief magistrate; compensation 4494 Henry County; chief magistrate; compensation 4413 Johnson County; law library fees 3751 Lamar County; chief magistrate; nonpartisan election 3819 Marshals; employment to perform duties of constables 1155 Personal property; custody; law enforcement agencies; return or disposition 944 Probation; contracts; services 1135 Putnam County; additional magistrate; appointment; term; compensation 4668 Stephens County; chief magistrate; nonpartisan elections 3556 Walton County; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 White County; chief magistrate; nonpartisan nomination and election 3925 Whitfield County; magistrate; full-time; election 4550 MUNICIPAL COURTS Centerville; penalties 3928 Certified municipal judge; definition; cross-reference deleted 326 Fairmount; jurisdiction 3734 Hamilton; penalties; referendum 3973 Powder Springs; judges; qualifications; offenses; penalties 4558 OTHER COURTS DeKalb County; recorder's court; penalties 3732 Gwinnett County; recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 Homerville; police court; jurisdiction 4470 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Bacon County; board of commissioners; creation reenacted 4436 Baker County; tax commissioner; creation 4463 Baker County; treasurer; abolishment; depositories; procedures 4460 Baldwin County; board of education; conveyance of state property 1273 Banks County; coroner; compensation 3795 Banks County; magistrate court; law library fees 3923

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Bartow County; board of education; chairman; annual election 4481 Bartow County; school superintendent; appointment; referendum 4478 Ben Hill County; board of commissioners; members; posts; election; terms; chairman; referendum 3753 Ben Hill County; board of education; initial members; terms 3549 Ben Hill County; school superintendent; appointment; term; referendum 3772 Bibb County; Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 Brantley County; board of commissioners; chairman; mileage; compensation; meeting date 4457 Brantley County; board of education; conveyance of state property 1289 Bryan County; easement across state property 1207 Bryan County; probate court; judge; compensation 4116 Bryan County; sheriff; compensation 4110 Burke County; Burke County Economic Development Authority; creation 4120 Burke County; community improvement districts; creation 4136 Butts County; board of commissioners; publication of receipts and disbursements 3535 Butts County; superior court; clerk; compensation 3689 Butts County; tax commissioner; compensation 3691 Calhoun County; easement across state property 1207 Camden County; Camden County Public Service Authority; powers 4189 Candler County; magistrate courts; chief magistrate; magistrate; appointment 4091 Carroll County; state court; judge; compensation 4079 Catoosa County; board of elections and registration; members; qualifications; chairman; removal; vacancies 3779 Catoosa County; board of utilities commissioners; election; terms; meetings of consumer members 3783 Catoosa County; probate court; part-time clerical assistance 3590 Charlton County; tax commissioner; compensation; longevity and cost-of-living increases 4617 Chatham County; board of elections; chairman 3620 Chatham County; Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 Chatham County; City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Chatham County; conveyance of state property 1280 Chatham County; county police force; oath of office 4812 Chatham County; Eastern Judicial Circuit; additional judge 288 Chatham County; state court; clerk; term; removal; interim clerk 4489 Chattooga County; board of commissioners; creation; members; chairman; clerk; referendum 4274 Chattooga County; state court; judge; solicitor; compensation 3846 Cherokee County; board of education; members; vacancies; residency; referendum 3627 Cherokee County; board of elections and registration; creation 3830 Cherokee County; Cherokee County Water and Sewerage Authority; members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 Cherokee County; school district; homestead exemption; referendum 3855 Cherokee County; superior court; additional judge 280

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Clarke County; Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Clayton County; board of commissioners; chairman; compensation 4640 Clayton County; deputy tax commissioner; compensation 4465 Clayton County; sheriff; clerk of the superior court; compensation 4643 Clayton County; state court; deputy clerk; compensation; civil service benefits 4547 Clayton County; state court; judges; compensation 4637 Clayton County; state court; solicitor; compensation 4647 Clayton County; superior court; deputy clerk; compensation; civil service benefits 4545 Clayton County; tax commissioner; compensation 4645 Cobb County; board of commissioners; independent consultants and studies; public hearing; notice 4492 Cobb County; board of commissioners; new landfill; local solid waste disposal plan 4512 Cobb County; Cobb County Commission for Operation Desert Storm Family Assistance; creation 3837 Cobb County; Cobb County Commission on Children and Youth; qualification as tax-exempt; date of abolishment 4517 Cobb County; Cobb County-Marietta Water Authority; easement across state property 1246 Cobb County; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Cobb County; Cobb Year 2000 Commission; creation 4228 Cobb County; magistrate court; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Cobb County; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Cobb County; state court; additional judge 4679 Columbia County; board of education; superintendent; appointment; contracts; vacancies; referendum 3986 Coweta County; board of commissioners; additional member; duties; term; compensation 4417 Coweta County; Newnan-Coweta County Airport Authority; members 4476 Dade County; board of commissioners; creation; county manager; clerk; referendum 3893 Dade County; Dade County Water and Sewer Authority; members; appointment; vacancies 3843 Dawson County; sheriff; compensation 3817 Decatur County; state court; judge; compensation 3730 Decatur County; tax commissioner; compensation 3579 DeKalb County; chief executive officer; compensation; expense allowance 4334 DeKalb County; City of DeKalb Study Commission; creation Vetoed HB 655 DeKalb County; City of DeKalb Study Commission; creation; abolishment 4038 DeKalb County; DeKalb County Community Relations Commission; members; term limitation 4192 DeKalb County; DeKalb County Pension Board; benefit increase 4831 DeKalb County; millage rates; county and school district taxes; tax commissioner; date of certification 4318 DeKalb County; recorder's court; penalties 3732

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DeKalb County; special services tax districts; exemptions for municipalities; fiscal note 4320 DeKalb County; state court; fees 4323 Dooly County; easement across state property 1207 Dougherty County; exchange of county property for state property 1201 Dougherty County; probate court judge; compensation 3812 Douglas County; board of commissioners; vacancies; applicability 3501 Douglas County; community improvement districts 3709 Douglas County; Douglasville-Douglas County Charter Commission; creation 4297 Douglas County; Douglasville-Douglas County Water and Sewer Authority; onsite sewage disposal systems; inspections; repairs; cost of repairs; liens; collection 4292 Douglas County; Hospital Authority of Douglas County; members; vacancies 3933 Effingham County; state court; judge; solicitor; compensation 3648 Fayette County; transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170 Floyd County; easement across state property 1207 Floyd County; Rome-Floyd County Commission on Children and Youth; members 3737 Forsyth County; board of commissioners; chairman; members; compensation 3931 Forsyth County; board of education; members; compensation; per diem 4191 Forsyth County; Cumming-Forsyth County Unification Commission; creation 3611 Forsyth County; superior court; additional judge 280 Franklin County; board of commissioners; creation 4681 Fulton County; Atlanta Judicial Circuit; chief judge; Act repealed 1009 Fulton County; development near lake within residential area; engineer's approval; civil liability 4487 Fulton County; municipalities; school systems; special tax districts; millage rates 3506 Fulton County; rodent inspection and control services; rat poison 4767 Fulton County; school district; homestead exemption; eligibility; procedures; forms; applicability; exceptions; referendum 3747 Fulton County; sheriff; chief deputy not required; judge of probate court; superior court clerk; tax commissioner; treasurer; vacancies 3651 Fulton County; superior court; additional judge 278 Fulton County; vehicles; designated registration periods 3724 Glascock County; board of commissioners; payment of county obligations 4118 Gordon County; Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 Gwinnett County; Gwinnett County Arts Facility Authority; creation 3542 Gwinnett County; recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 Gwinnett County; superior court; additional judge 280 Hall County; board of education; members' expenses; insurance 3504 Hall County; civil service system; county personnel director 4818 Hancock County; magistrate court; chief magistrate; compensation 4494 Hancock County; Sparta-Hancock Public Facilities Authority; creation 4394 Haralson County; superior court; additional assistant district attorney 4750 Haralson County; superior court; judges; district attorney; supplementary expense allowance 4167 Haralson County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372

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Heard County; board of commissioners; creation 3976 Henry County; board of education; chairman; members; compensation 4392 Henry County; community improvement districts; creation 4339 Henry County; coroner; compensation; expense account 4415 Henry County; magistrate court; chief magistrate; compensation 4413 Houston County; board of commissioners; chairman; expense account; vacancy 3742 Houston County; easement across state property 1207 Irwin County; board of commissioners; contracts; correctional facility as private, commercial enterprise 4077 Jackson County; board of commissioners; vacancies 3632 Jasper County; Jasper County Economic Development Authority; creation 4524 Johnson County; magistrate court; law library fees 3751 Lamar County; magistrate court; chief magistrate; nonpartisan election 3819 Lamar County; manager; repeal 3821 Lowndes County; state court; judge; full-time service; compensation 3551 Macon County; motor vehicles; designated registration periods 4182 McDuffie County; deputy coroner; appointment; compensation; powers; duties 3634 Miller County; vehicles; designated registration periods 4540 Mitchell County; county administrator; creation of office 3616 Mitchell County; easement across state property 1207 Mitchell County; Mitchell County Hospital Authority; number of members; vacancies 3630 Muscogee County; board of elections and registration; creation 4160 Muscogee County; city-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Muscogee County; homestead exemption; county and school district taxes; disabled veterans; referendum 4259 Muscogee County; homestead exemption; county and school district taxes; referendum 4265 Muscogee County; local constitutional amendments for homestead exemptions; continuation repealed 4252 Muscogee County; state court; full-time chief assistant solicitor; duties; compensation 4165 Newton County; board of education; members; chairman; compensation 3586 Newton County; homestead exemption; county and school district taxes; eligibility; restrictions; applicability; referendum 4328 Newton County; Newton County Industrial Development Authority; revenue bonds 3529 Oconee County; school superintendent; appointment; term; contract 3822 Paulding County; additional assistant district attorney 4750 Paulding County; superior court; judges; district attorney; supplementary expense allowance 4167 Paulding County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Peach County; Peach County Hospital Authority; certain members; vacancies 4482 Pickens County; board of commissioners; creation; referendum 4212 Pickens County; school district; homestead exemption; referendum 3851 Pierce County; board of commissioners; compensation 4620 Pike County; Pike Clean and Beautiful Authority; creation 4093 Pike County; school district; homestead exemption; referendum 3695 Polk County; additional assistant district attorney 4750 Polk County; superior court; judges; district attorney; supplementary expense allowance 4167

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Polk County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Pulaski County; board of education; consolidation and restatement of law; members; nonpartisan election; qualifications; vacancies; election dates; referendum 4175 Putnam County; Hospital Authority of Putnam County; members; appointment; terms 3998 Putnam County; magistrate court; additional magistrate; appointment; term; compensation 4668 Rabun County; school district; superintendent; appointment; referendum 4555 Rabun County; superior court; clerk; compensation Vetoed HB 759 Richmond County; board of health; conveyance of state property 1184 Richmond County; county officers; compensation 4419 Richmond County; easement across state property 1207 Rockdale County; board of commissioners; personnel rules and regulations 4822 Rockdale County; board of commissioners; records; minutes 4809 Rockdale County; Conyers-Rockdale Amateur Athletics Authority; creation 4236 Rockdale County; superior court; additional judge 276 Screven County; board of commissioners; compensation 3699 Spalding County; Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Spalding County; Griffin-Spalding County Personal Care Health Board; creation 4609 Spalding County; homestead exemption; annual proof of eligibility 4514 Stephens County; magistrate court; chief magistrate; nonpartisan elections 3556 Sumter County; community improvement districts 3592 Sumter County; treasurer; elected office abolished 3588 Tattnall County; easement across state property 1207 Taylor County; board of commissioners; members; chairman; compensation 4485 Tift County; board of commissioners; chairman; compensation; purchasing agent 3636 Troup County; board of elections and registration; abolished 3623 Union County; Coosa Water Authority; boundaries 4155 Union County; Notla Water Authority; boundaries 4158 Walker County; probate court; judge; personnel; compensation 4430 Walker County; superior court; clerk; personnel; compensation 4434 Walker County; tax commissioner; personnel; compensation 4432 Walker County; Walker County Water and Sewer Utility Authority; creation 3796 Walton County; magistrate court; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 Washington County; board of education; reconstitution; members; terms; elections; districts; chairman; qualifications; vacancies; compensation; superintendent; term; appointment; contract; removal; referendum 3759 Washington County; easement across state property 1207 Wayne County; board of education; easement on state property 1277 Webster County; board of commissioners; creation 3559 White County; magistrate court; chief magistrate; nonpartisan nomination and election 3925 Whitfield County; board of education; terms; referendum 3638 Whitfield County; easement on state property for Abutment Road 1250 Whitfield County; magistrate court; magistrate; full-time election 4550 Wilcox County; easement across state property 1207

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COUNTIES AND COUNTY MATTERS BY POPULATION 19,500-19,800, counties of; interment of deceased indigent persons; expense; repeal of provisions 431 100,000 or more; probate courts; clerks 394 150,300-165,000, counties of; interment of deceased indigent persons; expense; repeal of provisions 431 500,000 or more; joint use of public safety radio services 389 COUNTY MATTERSHOME RULE AMENDMENTS Chatham County; county police force; oath of office 4812 DeKalb County; DeKalb County Pension Board; benefit increase 4831 Hall County; civil service system; county personnel director 4818 Rockdale County; board of commissioners; personnel rules and regulations 4822 Rockdale County; board of commissioners; records; minutes 4809 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Acworth; special elections for approval of expenditure of proceeds from sale of water and sewer system 3576 Adairsville; conveyance of state property 1194 Alpharetta; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Athens; Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Atlanta; chief of staff; executive officers; chief financial officer 4945 Atlanta; community improvement districts; creation 3653 Atlanta; Metropolitan Atlanta Rapid Transit Authority; annual report; filing; public notice; publication 4761 Atlanta; Metropolitan Atlanta Rapid Transit Authority; deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Atlanta; Metropolitan Atlanta Rapid Transit Authority; interest income; operating costs 4755 Atlanta; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Atlanta; reorganization of departments 4906 Atlanta; solid waste disposal facility sites and plans 4804 Atlanta; urban enterprise zones; residential purposes; tax abatement schedule for commercial zones 3642 Austell; homestead exemption; applicability; exceptions; procedures; conditions; referendum 4508

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Austell; mayor and council; ineligibility for certain offices; city manager; administrative supervisor; creation; mayor; powers and duties; veto 4498 Austell; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Barnesville; election date 4232 Barnesville; mayor and council; election 3745 Brunswick; charter; restatement 4981 Brunswick; new charter 3911 Buford; corporate limits 4315 Calhoun; Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 Canton; mayor and council; elections; terms; appointed officers; vacancies; clerk; ordinances; tax executions 3825 Carlton; mayor and council; elections; terms; vacancies 3569 Cartersville; mayor and council; compensation 4891 Cave Spring; conveyance of state property 1184 Centerville; corporate limits 4172 Centerville; municipal court; penalties; mayor and councilmembers; ineligibility for certain offices and employment 3928 College Park; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 College Park; wards; election date; referendum 4422 Columbus, Georgia; city-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Commerce; new charter 4042 Conyers; Conyers-Rockdale Amateur Athletics Authority; creation 4236 Cumming; Cumming-Forsyth County Unification Commission; creation 3611 Dahlonega; community improvement districts; creation 4649 Douglasville; Douglasville-Douglas County Charter Commission; creation 4297 Douglasville; Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; cost of repairs; liens; collection 4292 Duluth; mayor and councilmembers; election date; terms 4313 East Dublin; administrative and service departments; appointments 4903 East Point; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Eastman; corporate limits 3841 Eastman; easement across state property 1178 Eatonton; corporate limits; zoning recommendations 4552 Edison; easement across state property 1178 Fairburn; homestead exemption; referendum 3581 Fairburn; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Fairmount; mayor; veto power; municipal court 3734 Fort Valley; mayor or alderman; qualifications; posts and wards; majority vote; terms of office; mayor pro tempore; utilities commissioner; qualifications 3701 Gainesville; retirement system; benefits 4975 Garden City; mayor and council; election; terms; organizational meeting 3677 Gay; mayor pro tempore; appointment; council; quorum 3728 Glennville; mayor and council; election date; terms; elections 3989

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Graham; incorporation 4770 Grayson; City of Grayson Water Authority; creation 4195 Griffin; board of commissioners; taxation; finance; homestead exemption; referendum 4604 Griffin; Griffin-Spalding County Personal Care Health Board; creation 4609 Griffin; Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Hamilton; municipal court; penalties; referendum 3973 Hapeville; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Harlem; mayor and council; election date; terms 4542 Hawkinsville; new charter 4711 Hogansville; school taxes; maximum millage rate; referendum 4427 Holly Springs; mayor and council; elections; terms 3625 Homerville; council; meetings; municipal court 4470 Jesup; district two; polling place 4899 Kennesaw; corporate limits 4081 Kennesaw; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Keysville; new charter 4570 Kingsland; corporate limits 4108 Kingsland; Kingsland Area Convention and Visitors Bureau Authority; creation 4101 Kingsland; manager; duties; powers 4185 LaGrange; Downtown LaGrange Development Authority; property powers; eminent domain 4615 Lilburn; franchises; duration 3740 Loganville; governing authority; organizational meeting; manager; removal 4097 Louisville; new charter 3859 Macon; corporate limits 4336 Macon; finance officer 4959 Macon; Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 Marietta; board of education; vacancies; terms 3992 Marietta; Cobb County-Marietta Water Authority; easement across state property 1246 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Marietta; corporate limits 3814 Marietta; corporate limits 3547 Marietta; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolution and ordinances; procedures; notice 4564 Milledgeville; mayor and aldermen; compensation 4496 Moultrie; ordinance violations; penalties 4100 Mount Zion; corporate limits 3786 Mountain Park; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Newnan; Newnan-Coweta County Airport Authority; members 4476 Newnan; retirement system; definition of employee 4895 Norcross; manager; mayor pro tempore; departments and agencies; capital improvements budget; sale of city property 3680

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Palmetto; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Pine Lake; new charter 3935 Pine Mountain; contracts; taxation of property to be annexed; service districts 4964 Powder Springs; corporate limits; organizational meetings; manager; removal; mayor's veto; department administration; municipal court judges; qualifications; offenses; penalties; clerk; appointment 4558 Powder Springs; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Riverdale; corporate limits 4638 Riverdale; ward boundaries 4956 Rome; Rome-Floyd County Commission on Children and Youth; members 3737 Roswell; corporate limits 3526 Roswell; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Savannah; Employees' Retirement Plan 4839 Savannah; Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 Savannah; City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Savannah; lease of state property 1189 Savannah; mayor and aldermen; residency requirements 3726 Smyrna; corporate limits 4621 Smyrna; homestead exemption; referendum 4693 Smyrna; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Sparta; new charter 4000 Sparta; Sparta-Hancock Public Facilities Authority; creation 4394 Stockbridge; new charter 4359 Sugar Hill; corporate limits 4696 Sugar Hill; homestead exemption; exception; terms and conditions; procedures; applicability; referendum 4675 Tallapoosa; city manager; tenure; removal 3646 Thomson; conveyance of state property 1273 Toccoa; corporate limits 4270 Tybee Island; mayor and council; elections; terms 3554 Union City; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Warner Robins; corporate limits 4467 Warner Robins; Warner Robins Building Authority; creation 3511 Warwick; mayor and council; terms; elections 4113 Waycross; Downtown Waycross Development Authority; members; appointment; election; terms; tax collection 3792 Young Harris; corporate limits 4747 MUNICIPALITIES BY POPULATION 6,000 or less; municipal detention facilities; full-time jailers 1009 300,000 or more; contracts; easements 796

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350,000, more than; motor vehicle insurance; self-insurers 302 350,000, not less than; contracts 989 350,000 or more; ad valorem taxes; delinquent payments 303 350,000 or more; ad valorem taxes; review 303 350,000 or more; closing of municipal streets 989 350,000 or more; housing authorities; commissioners 390 350,000 or more; income tax returns 303 350,000 or more; joint use of public safety radio services 389 350,000 or more; meetings 989 350,000 or more; public works projects; eminent domain 307 350,000 or more; revenue and taxation; confidential information 303 350,000 or more; Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition 989 400,000, more than; city business improvement districts; Act repealed 306 400,000 or more; public works projects; eminent domain; Act repealed 307 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; chief of staff; executive officers; chief financial officer 4945 Atlanta; reorganization of departments 4906 Brunswick; charter; restatement 4981 Cartersville; mayor and council; compensation 4891 East Dublin; administrative and service departments; appointments 4903 Fairburn; property taxes 4969 Gainesville; retirement system; benefits 4975 Jesup; district two; polling place 4899 Macon; finance officer 4959 Newnan; retirement system; definition of employee 4895 Pine Mountain; contracts; taxation of property to be annexed; service districts 4964 Riverdale; ward boundaries 4956 Savannah; Employees' Retirement Plan 4839 RESOLUTIONS AUTHORIZING COMPENSATION Conestoga Management, Inc., L. F. Heilman, President 1197 Mr. Cary J. Daniel 1199 Mr. Edmund J. Heartstedt 1177 Mr. Hoyt L. Nelson 1230 Mr. James Thomason 1176 Mr. Keith Stephen Marks 1200 Mr. Marshall D. Coursey 1235 Mrs. Margaret Drew 1171 Ms. Wilma G. Hargus 1198 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Adairsville; conveyance of state property 1194 Baldwin County Board of Education; conveyance of state property 1273

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Blue Ridge Telephone Company; easement across state property 1189 Brantley County Board of Education; conveyance 1289 Bryan County; easement across state property 1207 Calhoun County; easement across state property 1207 Cave Spring; conveyance of state property 1184 Chatham County; conveyance of state property 1280 Cobb County-Marietta Water Authority; easement across state property 1246 Dooly County; easement across state property 1207 Dougherty County; exchange of county property for state property 1201 Eastman; easement across state property 1178 Edison; easement across state property 1178 Fall Line Hydro Company, Inc.; lease of state property at High Falls and Watson Bridge state parks Vetoed SR 198 Floyd County; easement across state property 1207 Garvis Youngblood; conveyance of state property 1282 Georgia Power Company; exchange of property for state property in Fulton County 1266 Goodwin Enterprises, Inc.; lease of Warm Springs area historical hydrotherapy pool complex Vetoed HR 352 Houston County; easement across state property 1207 Kay Epps; conveyance of state property 1282 Lewis M. Carter Manufacturing Co., Inc.; conveyance of state property in Seminole County 1260 Mitchell County; easement across state property 1207 Oglethorpe Power Corporation; easement 1289 Oglethorpe Power Corporation; easement across state property in Dawson County 1253 Richmond County; easement across state property 1207 Richmond County Board of Health; conveyance of state property 1184 Savannah; lease of state property 1189 Southern Bell Telephone and Telegraph Company; easement across state property in Early County 1257 Southern Bell Telephone and Telegraph Company; easement across state property in Monroe County 1262 Southern Bell Telephone and Telegraph Company; easement across state property in Troup County 1243 Stanley Rinzler; exchange of property in Fulton County 1271 Tattnall County; easement across state property 1207 Thomson; conveyance of state property 1273 Washington County; easement across state property 1207 Wayne County Board of Education; easement on state property in Wayne County 1277 Whitfield County; easement on state property for Abutment Road 1250 Wilcox County; easement across state property 1207 MISCELLANEOUS RESOLUTIONS Andersonville POW Memorial Trail; designated 1005 Elmer A. Dennard Highway; designated 1237 Fayette County; transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170

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J. Carrell Larmore Probation Detention Center; designated 1203 J. Truman Holmes Bridge; designated 1294 J. P. Marshall By-Pass; designated 1241 James Earl Carter, Jr. Tribute Commission; creation 1694 Jimmy Lee Campbell Memorial Highway; designated 1205 John T. McKenzie Bridge; designated 1233 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Joint Workers' Compensation Task Force; creation 1747 Lorenzo Benn Youth Development Center; designated 1206 Lyle Jones Parkway; designated 1296 Raymond G. Davis Medal of Honor Highway; designated 1286 Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Roger E. James Bridge; designated 1294 Samuel Thomas Cofer Building; designated 1236 State Arboretum of Georgia; designated 1287 Steve Polk Plaza; designated 1229 The Zell Miller Mountain Parkway; designated 2026 United States and state flags; disrespectful acts; proposal to amend the United States Constitution 2041 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee; creation 1173 Woody Glenn Highway; designated 1240

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INDEX A ACCOUNTANTS Certified public accountants; educational requirements 371 ACWORTH, CITY OF Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Special elections for approval of expenditure of proceeds from sale of water and sewer system 3576 AD VALOREM TAXES Appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Assessments; appeals; notices 1110 Conservation use property; residential transitional property; timber 1903 County board of tax assessors; additional duties; appeals 664 County tax digests; rejections; appeals; Ad Valorem Assessment Review Commission repealed; approval of digest 728 Delinquent payments; review; municipal population; 350,000 or more 303 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Payment; check or money order; dishonor; penalty 715 Real estate transfer tax form; filing as a return of property for ad valorem taxes 1110 Tax returns; opening and closing books 6 AD VALOREM ASSESSMENT REVIEW COMMISSION Repealed 728 ADAIRSVILLE, CITY OF Conveyance of state property 1194 ADMINISTRATIVE LAW JUDGE State Board of Workers' Compensation; senior judge; created 405 ADMINISTRATIVE PROCEDURE Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Licensees; hearing; review of information possessed by an agency 1400

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Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 ADOPTION Affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 ADVERTISEMENTS Bus shelters; erected; public roads 1861 Dentistry; listing of all practicing dentists not required 1056 Health care providers Vetoed HB 774 Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting 726 ADVISORY COUNCIL FOR PROBATION IN THE PROBATE AND MAGISTRATE COURTS Creation 1135 AGENCY Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Unauthorized insurers; service of process 1090 AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS Qualification; membership 997 AGRICULTURAL OPERATIONS Defined 1849 AGRICULTURAL PRODUCTS Dealers; definition; bond; exception 1053 Defined 1849 AGRICULTURE Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Agricultural Commodity Commission for Peanuts; qualification; membership 997 Agricultural operations; defined 1849 Agricultural products; dealers; definition; dairy products; bond; exception 1053 Agricultural products; defined 1849 Agriculture; defined 1849

Page XLIX

Bovine diseases and swine mycobacteriosis; practices and procedures; injunctions; bonds 361 Certified public weighers; surety bond requirement repealed; reference removed 323 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Eggs; standards and labeling; regulation of sales 1115 Equine activities; immunity from liability; definitions; exceptions; notice 680 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Leased livestock; purchasers; notice; ownership interest 752 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 Veterinary medicine; practice includes certain dental procedures 375 Weights and measures; Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 See also Animals and Food, Drugs, and Cosmetics AIDS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 AIR CONDITIONERS Conditioned air contractors; licenses; continuing education; registration 1581 AIRPORTS Airport property; acquisition outside of boundaries; prohibited 953 Joint Airport Development Authority Study Committee; creation 1231 ALCOHOLIC BEVERAGES Driving under the influence; alcohol or drug use risk reduction programs; criminal records checks; Department of Corrections 1140 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; habitual violators; forfeiture of motor vehicle 1896 Driving under the influence; period of detention 416 Driving under the influence; school bus drivers; penalties 1140 Open container prohibited while operating a motor vehicle 1587 Wine; Sunday sales by farm wineries in remote tasting rooms and in special entertainment districts 1164 ALPHARETTA, CITY OF Millage rates 3506

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ALTERNATIVE DISPUTE SETTLEMENT PROCEEDINGS Farm Tractor Warranty Act; definitions; manufacturer's duties 419 AMBULANCES Use of word ambulance without license 597 ANABOLIC STEROIDS Controlled substances; Schedule III; dangerous drugs 312 ANDERSONVILLE POW MEMORIAL TRAIL Designated 1005 ANIMALS Bears; hunting; trafficking in bears or bear parts 1157 Bovine diseases and swine mycobacteriosis; practices and procedures; injunctions; bonds 361 Certified public weighers; surety bond requirement repealed; reference removed 323 Equine activities; immunity from liability; definitions; exceptions; notice 680 Ferrets; pets; permits; licenses 1157 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Leased livestock; purchasers; notice; ownership interest 752 Service dogs; use by physically disabled persons; identification 616 Veterinary medicine; practice includes certain dental procedures 375 See also Game and Fish ANTIQUE AUTOMOBILE DEALERS Used Car Dealers' Registration Act; exemption 983 APPEAL AND ERROR Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals; Supreme Court and Court of Appeals 411 Supreme Court; motion for a rehearing changed to motion for reconsideration 430 See also Civil Practice APPROPRIATIONS Department of Labor; supplemental for S.F.Y. 1990-1991 263 S.F.Y. 1991-1992 1944 Supplemental for S.F.Y. 1990-1991 1 Supplemental for S.F.Y. 1990-1991 1936 Supplemental for S.F.Y. 1990-1991 7

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ARREST Family violence; report; inspection of record 1778 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Restraints on freedom of accused juveniles prior to adjudication 346 See also Criminal Procedure ARSON Criminal possession of an explosive device; definition; penalty 324 ARSON INVESTIGATORS Witness fees 773 ART Fine art; duplication by printers; forms; penalties; civil liability 1161 ASBESTOS Insurance coverage; private sector removers of asbestos 1154 Workers' compensation; filing of claim; time period 1586 ATHENS, CITY OF Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 ATHLETIC TRAINERS Definition; board; residency requirement 750 ATHLETICS Athletic events; tickets; service charge Vetoed HB 480 Athletic injury; definition 750 Georgia State Games Commission; members; terms; compensation; sites 1590 Girls and Women in Sports Day; designation 788 ATLANTA, CITY OF Chief of staff; executive officers; chief financial officer 4945 Community improvement districts; creation 3653 Metropolitan Atlanta Rapid Transit Authority; annual report; filing; public notice; publication 4761 Metropolitan Atlanta Rapid Transit Authority; deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Metropolitan Atlanta Rapid Transit Authority; interest income; operating costs 4755

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Millage rates 3506 Reorganization of departments 4906 Solid waste disposal facility sites and plans 4804 Urban enterprise zones; residential purposes; tax abatement schedule for commercial zones 3642 ATLANTA JUDICIAL CIRCUIT Chief judge; Act repealed 1009 Superior court; additional judge 278 ATLANTA REGIONAL COMMISSION Transfer of Fayette County ratified 1170 ATTORNEY GENERAL Assistance; overview committees; Aviation Hall of Fame 1773 ATTORNEYS Continuances; staff of General Assembly 376 Continuances on account of military service 404 Georgia Trust Act; revision and reenactment 810 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 AUCTIONEERS Auctioneers education, research, and recovery fund; creation; purposes 801 Georgia Auctioneers Commission; continuing education; reciprocity; fees 799 AUSTELL, CITY OF Homestead exemption; applicability; exceptions; procedures; conditions; referendum 4508 Mayor and council; ineligibility for certain offices; city manager; administrative supervisor; creation; mayor; powers and duties; veto 4498 Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 AUTHORITIES Development; surplus funds; promotion of industry, agriculture, and trade 1044 Georgia Education Authority (University); membership; definition 1577 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished; Georgia Housing and Finance Authority; creation 1653 Georgia Residential Finance Authority; definitions; powers; bonding cap 391

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Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Persons representing; registration; Secretary of State; fee exemption 1687 Workers' compensation; group self-insurance funds; county; definition 947 AUTO TRAILERS Annual license fees 434 See also Motor Vehicles and Traffic AUTOMOBILE CLUBS Guaranteed arrest bond certificate; maximum amount 794 AVIATION Airport property; acquisition outside of county or city boundaries; prohibited 953 Georgia Aviation Hall of Fame; board; overview committee; powers and duties; funds 1773 Joint Airport Development Authority Study Committee; creation 1231 B BACON COUNTY Board of commissioners; creation reenacted 4436 BAD CHECKS Check cashers; licensed; surety bond 720 Check cashers; licensing; exemption 784 Check dishonor fee; service charge for bad checks; form of demand 1299 Magistrate; warrant; fee 1753 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Payment of state taxes; dishonor; penalty 715 BAIL Bailable offenses; judicial officer; family violence 1401 Cash bonds; unclaimed; disposition by counties 749 Driver's license; receipt in lieu of bail; validation period 1776 Guaranteed arrest bond certificate; automobile club; maximum amount 794 BAKER COUNTY Tax commissioner; creation 4463 Treasurer; abolishment; depositories; procedures 4460

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BALDWIN COUNTY Board of education; conveyance of state property 1273 BANKING AND FINANCE Bonds; investment of proceeds 338 Business development corporations; loans; terms and conditions 1100 Check cashers; licensed; surety bond 720 Check cashers; licensing; exemption 784 Code revision 94 Credit life and credit accident and sickness insurance; applicability of chapter; loan or credit transactions 1092 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Georgia Housing and Finance Authority; creation; general purpose 1653 Georgia Trust Act; revision and reenactment 810 Long-term care facilities; residents; irrevocable letters of credit 1129 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Water well contractors and trainees; irrevocable letters of credit 963 BANKS COUNTY Coroner; compensation 3795 Magistrate court; law library fees 3923 BARNESVILLE, CITY OF Election date 4232 Mayor and council; election 3745 BARTOW COUNTY Board of education; chairman; annual election 4481 School superintendent; appointment; referendum 4478 BEARS Hunting; trafficking in bears or bear parts 1157 BEN HILL COUNTY Board of commissioners; members; posts; election; terms; chairman; referendum 3753 Board of education; initial members; terms 3549 School superintendent; appointment; term; referendum 3772

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BENN, LORENZO Lorenzo Benn Youth Development Center; designated 1206 BIBB COUNTY Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 BIDS State; purchasing; sealed; advertisement; liability of official violating law 1380 BILLS Local bills; proof of advertisement; affidavits 747 Local constitutional amendments; repeal; referendum 2031 BINGO Applicants for licenses and operators; fingerprints; photographs 1113 BIOHAZARDOUS WASTE Motor vehicles; transporting; marked with sign or placard 1058 BIRTH CERTIFICATES Vital records; certification and registration 669 BLUE RIDGE JUDICIAL CIRCUIT Additional superior court judge 280 BLUE RIDGE TELEPHONE COMPANY Easement across state property 1189 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA Optional retirement plan 614 BOARD OF TAX ASSESSORS Ad valorem taxes; additional duties; appeals 664 Appraisal staff; members; entrance on property to make appraisal 666 Assessments; appeals; notices 1110 BOARDS OF EDUCATION Employees; sick leave banks or pools 1038 Local; date of monthly meeting; advertisement 726

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BOAT TRAILERS Annual license fees 434 BOATS Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 BOLL WEEVIL Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 BOMBS Criminal possession of an explosive device; definition; penalty 324 BONDS Agricultural products; dealers; definition; dairy products; bond; exception 1053 Bovine diseases; practices and procedures; injunctions; bonds 361 Cash bonds; unclaimed; disposition by counties 749 Check cashers; licensed; surety bond 720 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Liens; suppliers; rental tools; appliances, machinery, and equipment; lien; interim waiver of lien and bond rights; form; exceptions 915 Local governments; investment in securities, investment trusts, or common trust funds 388 Public works contracts; forfeiture; form 777 Revenue bonds; maximum interest rates; principal and interest payments 1103 State Board of Education; local school district; notification; payment 1579 Water well contractors and trainees 963 BOOT CAMPS Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 BOVINE DISEASES Practices and procedures; injunctions; bonds 361 BRANTLEY COUNTY Board of commissioners; chairman; mileage; compensation; meeting date 4457 Board of education; conveyance of state property 1289 BRIBERY Offense defined; public officials and employees 1749

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BRUNSWICK, CITY OF Charter; restatement 4981 New charter 3911 BRYAN COUNTY Easement across state property 1207 Probate court; judge; compensation 4116 Sheriff; compensation 4110 BUFORD, CITY OF Corporate limits 4315 BUILDINGS AND HOUSING Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisals 666 Code revision 94 Covenants running with the land; continuation; increase prohibited 334 Elevators, dumbwaiters, escalators, and moving walks; Commissioner of Labor; inspection; fees 258 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished 1653 Georgia Residential Finance Authority; definitions; powers; bonding cap 391 Housing authorities of municipalities of 350,000 or more; commissioners 390 Land surveying; definition 1133 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Materialmen's covenants; breach; statute of limitations; set-back lines 665 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 BURIAL GROUNDS Local governing authorities; preservation and protection; permits; penalties 924 BURIALS Deceased indigent persons; interment; county funding 431 BURKE COUNTY Burke County Economic Development Authority; creation 4120 Community improvement districts; creation 4136

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BURKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY Creation 4120 BUSES Shelters; erected; public roads; advertisement 1861 BUSINESS DEVELOPMENT CORPORATIONS Loans; terms and conditions 1100 BUSINESS RECORDS Nonerasable optical image reproduction; evidence; admissibility 787 Required by law; destruction after three years; definitions 1638 BUTTS COUNTY Board of commissioners; publication of receipts and disbursements 3535 Superior court; clerk; compensation 3689 Tax commissioner; compensation 3691 C CALHOUN, CITY OF Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 CALHOUN COUNTY Easement across state property 1207 CALHOUN-GORDON COUNTY AIRPORT AUTHORITY Members; terms of office; quorum 3848 CAMDEN COUNTY Camden County Public Service Authority; powers 4189 CAMDEN COUNTY PUBLIC SERVICE AUTHORITY Powers 4189 CAMPAIGN CONTRIBUTIONS Conflicts of interest; officials 1365

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CAMPBELL, JIMMY LEE Jimmy Lee Campbell Memorial Highway; designated 1205 CANDLER COUNTY Magistrate court; chief magistrate; magistrate; appointment 4091 CANTON, CITY OF Mayor and council; elections; terms; appointed officers; vacancies; clerk; ordinances; tax executions 3825 CARDIAC TECHNICIANS Certification 597 CARLTON, CITY OF Mayor and council; elections; terms; vacancies 3569 CARNIVAL RIDE SAFETY ACT Commissioner of Labor; inspection; carnival rides; fees 258 CARROLL COUNTY State court; judge; compensation 4079 CARTER, JAMES EARL JR. James Earl Carter, Jr. Tribute Commission; creation 1694 CARTERSVILLE, CITY OF Mayor and council; compensation 4891 CARY J. DANIEL Compensation 1199 CASH BONDS Guaranteed arrest bond certificates; automobile club; maximum amount 794 Unclaimed; disposition by counties 749 CATOOSA COUNTY Board of elections and registration; members; qualifications; chairman; removal; vacancies 3779 Board of utilities commissioners; election; terms; meetings of consumer members 3783

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Probate court; part-time clerical assistance 3590 CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS Election; terms; meetings of consumer members 3783 CAVE SPRING, CITY OF Conveyance of state property 1184 CEMETERIES Local governing authorities; preservation and protection; permits; penalties 924 CENTERVILLE, CITY OF Corporate limits 4172 Municipal court; penalties; mayor and councilmembers; ineligibility for certain offices and employment 3928 CERTIFICATES OF NEED Health care facilities; acquisition or restructuring; notification; penalties; indigent patients 1419 Health care facility; revocation 328 State health planning; definitions; exemptions; fines 1871 CERTIFIED PUBLIC ACCOUNTANTS Educational requirements 371 CERTIFIED PUBLIC WEIGHERS Surety bond requirement repealed; reference removed 323 CHARITABLE INSTITUTIONS Insurable interest; donor 1123 CHARITABLE ORGANIZATIONS Filing of financial statements 789 CHARITIES Georgia Nonprofit Corporation Code; revision and reenactment 465 CHARLTON COUNTY Tax commissioner; compensation; longevity and cost-of-living increases 4617

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CHATHAM COUNTY Board of elections; chairman 3620 Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Conveyance of state property 1280 County police force; oath of office 4812 Eastern Judicial Circuit; superior court; additional judge 288 State court; clerk; term; removal; interim clerk 4489 CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITY Members; quorum; qualifications; technical advisory committee 3571 CHATTAHOOCHEE RIVER Phosphorus; limits for discharged waste water 1042 CHATTOOGA COUNTY Board of commissioners; creation; members; chairman; clerk; referendum 4274 State court; judge; solicitor; compensation 3846 CHECKS Bad; magistrate; warrant; fee 1753 Cashers; licensing; exemption 784 Dishonor fee; service charge on bad checks 1299 Licensed check cashers; surety bond 720 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Payment of state taxes; dishonor; penalty 715 CHEROKEE COUNTY Blue Ridge Judicial Circuit; superior court; additional judge 280 Board of education; members; vacancies; residency; referendum 3627 Board of elections and registration; creation 3830 Cherokee County Water and Sewerage Authority; members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 School district; homestead exemption; referendum 3855 CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY Members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 CHILD ABUSE REPORTS Access; reclassification of child abuse cases 1320

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CHILD CARE CENTERS Georgia Child Care Council; creation; composition; director; funding 1648 CHILD CUSTODY State policy on contact between child and parents and grandparents 1389 CHILD SUPPORT Child Support Recovery Act; assistant district attorneys; definition; appointment; child support recovery 744 Enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 CHILDREN AND YOUTH Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Child abuse reports; access; reclassification of child abuse cases 1320 Child welfare agencies; approval and inspection of family boarding homes, foster family homes, and family day-care homes 408 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Closed circuit television testimony by children who are victims of crime 1377 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Georgia Child Care Council; creation; composition; director; funding 1648 Georgia Trust Act; revision and reenactment 810 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Lorenzo Benn Youth Development Center; designated 1206 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Patients or clients in licensed facility; mentally retarded; free public instructional program 1825 State policy on contact between child and parents and grandparents 1389

Page LXIII

Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Year's support; amount; burden of proof; application 948 CHILDREN AND YOUTH COORDINATING COUNCIL Creation 435 CHILDREN'S TRUST FUND Superior courts; clerks; fees 1324 CHOP SHOP AND STOLEN AND ALTERED PROPERTY ACT Definitions; offenses; forfeiture proceedings; disposition of proceeds; civil actions; certificates of title 1805 CITIZENS BAND RADIO OPERATORS Special license plates; provisions repealed 373 CITY OF DEKALB STUDY COMMISSION Creation Vetoed HB 655 Creation; abolishment 4038 CITY OF GRAYSON WATER AUTHORITY Creation 4195 CIVIL PRACTICE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals; Supreme Court and Court of Appeals 411 Breach of restrictive covenants; statute of limitations; building set-back lines 665 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Computer related crimes; liability; penalties; remedies and damages 1045 Continuances; certain staff of General Assembly 376 Continuances for party or counsel on account of military service 404 Controlled substances; forfeitures; property used in illegal drug transactions 886 Equine activities; immunity from liability; definitions; exceptions; notice 680 Interest on unliquidated damages 1394 Law enforcement officers; witness fees 773 Nonerasable optical image reproduction; evidence; admissibility 787 Personal property; damage or theft; liquidated exemplary damages 1126

Page LXIV

Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Supreme Court; bill of costs 411 Supreme Court; motion for rehearing changed to motion for reconsideration 430 Tanning facilities; liability 1411 Unauthorized insurers; service of process; Commissioner of Insurance 1090 Volunteer transportation services; immunity 1585 Witness; application for continuance 376 See also Evidence and Torts CLARKE COUNTY Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 CLAYTON COUNTY Board of commissioners; chairman; compensation 4640 Deputy tax commissioner; compensation 4465 Sheriff; clerk of the superior court; compensation 4643 State court; deputy clerk; compensation; civil service benefits 4547 State court; judges; compensation 4637 State court; solicitor; compensation 4647 Superior court; deputy clerk; compensation; civil service benefits 4545 Tax commissioner; compensation 4645 CLEANERS Liens; laundries, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 CLERK OF THE HOUSE OF REPRESENTATIVES Succession to office 622 CLINICAL LABORATORIES Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Tissue banks; inclusion within definition 349 CLOTHING Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137

Page LXV

COBB COUNTY Board of commissioners; independent consultants and studies; public hearing; notice 4492 Board of commissioners; new landfill; local solid waste disposal plan 4512 Cobb County Commission for Operation Desert Storm Family Assistance; creation 3837 Cobb County Commission on Children and Youth; qualification as tax-exempt; date of abolishment 4517 Cobb County-Marietta Water Authority; easement across state property 1246 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Cobb Year 2000 Commission; creation 4228 Magistrate court; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 State court; additional judge 4679 COBB COUNTY COMMISSION FOR OPERATION DESERT STORM FAMILY ASSISTANCE Creation 3837 COBB COUNTY COMMISSION ON CHILDREN AND YOUTH Qualification as tax-exempt; date of abolishment 4517 COBB COUNTY-MARIETTA WATER AUTHORITY Easement across state property 1246 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY Members; appointment; terms; vacancies 3531 COBB YEAR 2000 COMMISSION Creation 4228 COFER, SAMUEL THOMAS Building designated 1236 COLLEGE PARK, CITY OF Millage rates 3506 Wards; election date; referendum 4422

Page LXVI

COLUMBIA COUNTY Board of education; superintendent; appointment; contracts; vacancies; referendum 3986 COLUMBUS, GEORGIA City-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 COMMERCE, CITY OF New charter 4042 COMMERCE AND TRADE Agricultural products; dealers; definition; dairy products; bond; exception 1053 Agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; defined 1849 Business records required by law; destruction after three years; definitions 1638 Certified public weighers; surety bond requirement repealed; reference removed 323 Check cashers; licensing; exemption 784 Code revision 94 Conservation use property; residential transitional property; timber; ad valorem taxes 1903 Contact lenses; sale by unlicensed persons prohibited 1003 Deed or instrument under seal creating an agency relationship shall be binding on principal 410 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Fair Business Practices Act of 1975; cease and desist order; telephone service carriers; billings; liability; 900 or 976 numbers 1346 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Fine art; duplication by printers; forms; penalties; civil liability 1161 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Geo. L. Smith II Georgia World Congress Center Authority; additional members; terms 1686 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Health care corporations; formation; board of directors; members 724 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915

Page LXVII

Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Motor Vehicle Warranty Rights Act; applicability of law 604 Motor vehicles; dealers; warranties; distributors; remedies 797 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Revolving accounts; delinquency charges; limits 913 Tanning facilities; definitions; warning signs; equipment and maintenance requirement; protective gear; records; civil actions; variances 1411 The Retail Installment and Home Solicitation Sales Act; check dishonor fee 1299 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Weights and measures; Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 COMMERCIAL CODE Code revision 94 Trusts 810 COMMERCIAL DRIVER'S LICENSES Law; applicability; issuance of license; disqualification from driving commercial vehicle; timber products vehicles; military vehicles 618 COMMERCIAL FISHING Licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 COMMERCIAL MOTOR VEHICLE School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 COMMERCIAL VEHICLES Bus shelters; erected; public roads; advertisement 1861 COMMISSION ON CHILDREN AND YOUTH Merger into the Children and Youth Coordinating Council 435

Page LXVIII

COMMISSIONER OF HUMAN RESOURCES Georgia Child Care Council; member 1648 COMMISSIONER OF INDUSTRY, TRADE, AND TOURISM Georgia Child Care Council; member 1648 COMMISSIONER OF INSURANCE Financial regulatory capabilities and authority 1424 Model basic health insurance plan; development; promotion of use 1606 Multiple employer self-insured health plans; regulation 1021 Small group insurance; rating; exemption 1358 Unauthorized insurers; service of process 1090 See also Insurance COMMISSIONER OF LABOR Boilers or pressure vessels; inspection; fees; carnival rides; inspection; fees 258 Georgia Child Care Council; member 1648 See also Labor and Industrial Relations COMMITTEES James Earl Carter, Jr. Tribute Commission; creation 1694 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Joint Workers' Compensation Task Force; creation 1747 Legislative Services Committee; membership 5 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee; creation 1173 COMPUTER RELATED CRIMES Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 COMPUTERS Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 CONDEMNATION Airport property; acquisition outside of municipal or county boundaries; prohibited 953 CONDITIONED AIR CONTRACTORS Licenses; continuing education; registration 1581

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CONESTOGA MANAGEMENT, INC., L. F. HEILMAN, PRESIDENT Compensation 1197 CONGRESS OF THE UNITED STATES Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 CONSERVATION AND NATURAL RESOURCES Code revision 94 Combined sewer overflows; plans to eliminate or treat overflow 1386 Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Conservation use property; residential transitional property; timber; ad valorem taxes 1903 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Environmental Policy Act; definitions; purposes 1728 Environmental Protection Division; director; Environmental Advisory Council; creation; members; terms; duties 1738 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Lake Lanier Islands Development Authority; additional members; terms 1692 Motor vehicles; transporting biohazardous substances; marked with sign or placard 1058 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Mr. Hoyt L. Nelson; compensation 1230 Mr. Marshall D. Coursey; compensation 1235 Oil or hazardous substance spills or releases; definitions; reporting 1371 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Phosphorus; limits for discharged waste water; Chattahoochee River 1042 Radiation sterilization services; bond 1411 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Samuel Thomas Cofer Building; designated 1236 Shellfish regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 Solid waste handling facilities; permits; modifications; classifications; conditions and requirements 462 State Water Well Standards Advisory Council; termination date 432

Page LXX

Stone Mountain Memorial Association; additional members; terms 1690 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Underground storage tanks; environmental assurance fees; limit of charges 1421 Water and wastewater treatment plant operators and laboratory analysts; definitions; certification; reciprocity 954 Water Resource Conservation Management Study Committee; creation 1238 Water well contractors and trainees; license; bonds; irrevocable letters of credit 963 Wetlands Conservation Study Committee 1173 CONSERVATION USE PROPERTY Ad valorem taxation; appraisal, valuation, and assessment 1903 CONSTABLES Magistrate courts; marshals; employment to perform duties of constables 1155 CONSTITUTION OF THE STATE OF GEORGIA Election of local boards of education and appointment of local school superintendents 2032 Local constitutional amendments; repeal by local Act with referendum 2031 Polling places; summaries; constitutional amendments 999 CONSTITUTION OF THE UNITED STATES Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 CONSUMERS' UTILITY COUNSEL Performance and management audits; assistants and experts; repeal date 1707 CONTACT LENSES Sale by unlicensed persons prohibited 1003 CONTRACTS Business records; destruction after three years 1638 Certain owner-operators of equipment deemed independent contractors 1850 Check cashers; licensing; exemption 784 Code revision 94 Conditioned air contractors; licenses; continuing education; registration 1581

Page LXXI

Credit life and credit accident and sickness insurance; applicability of law; loan or credit transactions 1092 Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Georgia Building Authority; real property; railroad operations 970 Georgia State Games Commission; members; terms; compensation; sites 1590 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Motor vehicles; dealers; warranties; distributors; remedies 797 Municipal corporations; population greater than 300,000; contracts; easements 796 Municipal corporations; population of not less than 350,000 989 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Public works; bonds or security; forfeiture; form; affiliated corporations; approval 777 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Revolving accounts; delinquency charges; limits 913 Service charge for bad checks; form of demand 1299 State; sealed bids; advertisement; liability of official violating law 1380 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 Tickets; athletic events; service charge Vetoed HB 480 CONTROLLED SUBSTANCES Anabolic steroids; Schedule III; dangerous drugs 312 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 CONYERS, CITY OF Conyers-Rockdale Amateur Athletic Authority; creation 4236 CONYERS-ROCKDALE AMATEUR ATHLETIC AUTHORITY Creation 4236 COOSA WATER AUTHORITY Boundaries 4155

Page LXXII

CORONERS Inquest; law enforcement officers; witness fees 773 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business development corporations; loans; terms and conditions 1100 Business records; destruction after three years 1638 Charitable organizations; filing of financial statements 789 Check cashers; licensing; exemption 784 Commissioner of Insurance; financial regulatory capabilities and authority 1424 Equine activities; immunity from liability; definitions; exceptions; notice 680 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Nonprofit Corporation Code; revision and reenactment 465 Georgia Trust Act; revision and reenactment 810 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Health care corporations; formation; board of directors; members 724 Income taxes; time of payment 368 Insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1363 Nonerasable optical image reproduction; evidence; admissibility 787 Private detectives and private security businesses; licenses; qualifications; suspensions; exceptions 1027 Public works contracts; forfeiture; form 777 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 Revised Uniform Limited Partnership Act; partners; indemnification 1011 CORRECTIONAL OFFICERS Witness fees 773 CORRECTIONS Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 COTTON Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 COUNCIL OF JUVENILE COURT JUDGES Membership 627 COUNTIES Abuse of governmental office; definition; bribery; public officials and employees 1749 Ad valorem taxes; conservation use property; residential transitional property; timber 1903

Page LXXIII

Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Boards of education; chairman; term set by local board policy 406 Cash bonds; unclaimed; disposition by counties 749 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Deceased indigent persons; interment; county funding 431 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Magistrate courts; marshals; employment to perform duties of constables 1155 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Ordinances; unincorporated areas of counties; fines 993 Personal property; custody; law enforcement agencies; return or disposition 944 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; forfeiture; form 777

Page LXXIV

Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Superior courts; clerks; fees; county law library 1324 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Treasurer; vital records; certification; birth and death certificates; disposition of dead body or fetus; listings of death 669 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Workers' compensation; group self-insurance funds; county; definition 947 COUNTRIES Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 COURSEY, MR. MARSHALL D. Compensation 1235 COURT OF APPEALS Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 COURTS Abuse of governmental office; definition; bribery; public officials and employees 1749 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Appeals; actions for damages in which judgment is $10,000.00 or less 412 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Civil actions; continuances; staff of General Assembly 376

Page LXXV

Civil actions; continuances for party or counsel on account of military service 404 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 Continuances; certain staff of General Assembly 376 Continuances; military service 404 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Court of Appeals; bill of costs 411 Covenants running with the land; continuation; increase prohibited 334 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 District attorneys and solicitors; military service; eligibility for reelection; fines 135 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Georgia Trust Act; revision and reenactment 810 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Homicide; one year and a day rule; eliminated 719 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; child abuse reports; access; reclassification of child abuse cases 1320 Juvenile courts; Council of Juvenile Court Judges; membership of associate judges; power of associate judges to perform marriage ceremony 627 Juvenile courts; probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Juvenile courts; termination of parental rights; transmittal of final orders to Department of Human Resources 602 Local governments; reimbursement; defense; criminal acts 1821 Magistrate courts; clerks; dispossessory proceedings; summons 968 Magistrate courts; marshals; employment to perform duties of constables 1155 Magistrate courts; probation services; contracts 1135 Magistrate courts; warrant; bad checks; fee 1753

Page LXXVI

Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Orders not to resuscitate; jurisdiction 1853 Personal property; custody; law enforcement agencies; return or disposition 944 Probate court; clerks; counties of 100,000 or more 394 Probate courts; clerks; dockets; court costs 1753 Probate courts; probation services; contracts 1135 Probation; community service programs; use for private gain 1302 Probation; shortening by sentencing court; notice and hearing 310 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Records not open to public inspection 1943 Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State courts; General Assembly; members; oath of office; judges 746 State courts; solicitors; military service; eligibility for reelection; fines 135 Superior court; judges; election cases; powers, duties, and procedures 608 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Superior courts; Atlanta Judicial Circuit; additional judge 278 Superior courts; Blue Ridge Judicial Circuit; additional judge 280 Superior courts; clerk; chief deputy clerk; interim service as clerk; limitation 364 Superior courts; clerks; fees; Children's Trust Fund 1324 Superior courts; clerks; materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Superior courts; district attorneys; military service; eligibility for reelection; fines 135 Superior courts; Eastern Judicial Circuit; additional judge 288 Superior courts; Gwinnett Judicial Circuit; additional judge 280 Superior courts; Rockdale Judicial Circuit; additional judge 276 Superior courts; state revenue commissioner; appeals; surety bond 716 Supreme Court; bill of costs 411 Supreme Court; Justices; Court of Appeals; Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Supreme Court; motion for a rehearing changed to motion for reconsideration 430 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Work release program; county inmates; definitions; assignments; revocation; eligibility; costs 1352 COVENANTS RUNNING WITH THE LAND Continuation; increase prohibited 334

Page LXXVII

COWETA COUNTY Board of commissioners; additional member; duties; term; compensation 4417 Newnan-Coweta County Airport Authority; members 4476 CRANE GAME MACHINES Gambling prohibitions not applicable 1398 CREDIT ACCIDENT AND SICKNESS INSURANCE Applicability of law 1092 CREDIT CARDS Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Revolving accounts; delinquency charges; limits 913 CREDIT LIFE INSURANCE Applicability of law 1092 CRIMES AND OFFENSES Abuse of governmental office; definition; bribery; public officials and employees 1749 Aggravated assault; public transit vehicles or stations; penalties 971 Aggravated battery; public transit vehicles or stations; penalties 971 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Arrest; family violence; report; inspection of record 1778 Assault; public transit vehicles or stations; penalties 971 Bailable offenses; judicial officer; family violence 1401 Battery; public transit vehicles or stations; penalties 971 Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Bribery; defined; public officials and employees 1749 Cash bonds; unclaimed; disposition by counties 749 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Criminal possession of an explosive device; definition; penalty 324 Detention facility; full-time jailers; municipalities of 6,000 or less 1009 Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886

Page LXXVIII

Driving under the influence; habitual violators; forfeiture of motor vehicle; procedures; sale of forfeited vehicle 1896 Driving under the influence; school bus drivers; penalties 1140 Driving under the influence; violators; period of detention 416 Escape; use of deadly force to prevent; peace officers; agencies 624 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Fine art; duplication by printers; forms; penalties; civil liability 1161 Gambling prohibitions; not applicable to certain games or devices; crane game machines 1398 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Homicide; one year and a day rule; eliminated 719 Insurance fraud; felony offense; fraudulent insurance act 1608 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 License plates; county designation required 1145 License plates resembling official license plates; prohibited on rear of vehicle; penalty 779 Local governments; reimbursement; defense; criminal acts 1821 Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 Motor Vehicle Chop Shop and Stolen and Altered Property Act; offenses; forfeiture proceedings; disposition of proceeds; certificates of title; civil actions 1805 Motor vehicle stereos; prohibit certain volume 417 Obstruction or hinderance of firefighters 755 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Personal property; custody; law enforcement agencies; return or disposition 944 Personal property; damage or theft; liquidated exemplary damages 1126 Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 Professional Practices Commission; school system educators; reportable offenses 620 Public indecency; certain acts; felony offense 966 Public transit vehicle or station; crimes against the person; penalties 971 Sexual assault; probationer or parolee 1108 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166

Page LXXIX

Simple assault; public transit vehicles or stations; penalties 971 Simple battery; public transit vehicles or stations; penalties 971 State; sealed bids; advertisement; liability of official violating law 1380 State lottery; pari-mutuel betting; casino gambling; proposed constitutional amendment 2035 Stolen vehicles and license plates; reporting; Georgia Crime Information Center 723 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 Work release program; county inmates; definitions; assignments; revocation; eligibility; costs 1352 CRIMINAL PROCEDURE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Arrest; guaranteed arrest bond certificate; automobile club; maximum amount 794 Arrest; restraints on freedom of accused juveniles prior to adjudication 346 Bailable offenses; judicial officer; family violence 1401 Cash bonds; unclaimed; disposition by counties 749 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Driver's license; receipt in lieu of bail; validation period 1776 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; period of detention 416 Escape; use of deadly force to prevent; peace officers; agencies 624 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Law enforcement officers; witness fees 773 Personal property; custody; law enforcement agencies; return or disposition 944 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 Probation; shortening by sentencing court; notice and hearing 310 Sexual assault; probationer or parolee 1108 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page LXXX

CROPS Defined 1849 CUMMING, CITY OF Cumming-Forsyth County Unification Commission; creation 3611 CUMMING-FORSYTH COUNTY UNIFICATION COMMISSION Creation 3611 D DADE COUNTY Board of commissioners; creation; county manager; clerk; referendum 3893 Dade County Water and Sewer Authority; members; appointment; vacancies 3843 DADE COUNTY WATER AND SEWER AUTHORITY Members; appointment; vacancies 3843 DAHLONEGA, CITY OF Community improvement districts; creation 4649 DAIRY PRODUCTS Agricultural products; dealers; definition; bond; exception 1053 DAMAGES Computer related crimes; liability 1045 Interest on unliquidated damages 1394 Personal property; damage or theft; liquidated exemplary damages 1126 DANGEROUS DRUGS Anabolic steroids 312 DANIEL, MR. CARY J. Compensation 1199 DAVIS, RAYMOND G. Raymond G. Davis Medal of Honor Highway; designated 1286

Page LXXXI

DAWSON COUNTY Sheriff; compensation 3817 DAY-CARE CENTERS Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Georgia Child Care Council; creation; composition; director; funding 1648 DEAD BODIES Deceased indigent persons; interment; county funding 431 DEATH CERTIFICATES Vital records; certification; disposition of dead body or fetus; listings of death 669 DEBTOR AND CREDITOR Cash bonds; unclaimed; disposition by counties 749 Code revision 94 Credit life and credit accident and sickness insurance; applicability of law; loan or credit transactions 1092 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 Garnishment; civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Garnishment; delinquent state taxes 713 Interest on unliquidated damages 1394 Leased livestock; purchasers; notice; ownership interest 752 Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Life insurance; proceeds or payments; computation of interest; rates 1055 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Revolving accounts; delinquency charges; limits 913 State Board of Education; local school district; bonded indebtedness; notification; payment 1579 DECATUR COUNTY State court; judge; compensation 3730 Tax commissioner; compensation 3579 DEEDS To secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413

Page LXXXII

Transfer tax; exemption 965 Under seal pursuant to an agency created by an act no under seal; binding on principal 410 DEGREES Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 DEKALB, CITY OF City of DeKalb Study Commission; creation Vetoed HB 655 DEKALB COUNTY Chief executive officer; compensation; expense allowance 4334 City of DeKalb Study Commission; creation; abolishment 4038 DeKalb County Community Relations Commission; members; term limitation 4192 DeKalb County Pension Board; benefit increase 4831 Millage rates; county and school district taxes; tax commissioner; certification date 4318 Recorder's court; penalties 3732 Special services tax districts; exemptions for municipalities; fiscal note 4320 State court; fees 4323 DEKALB COUNTY COMMUNITY RELATIONS COMMISSION Members; term limitation 4192 DENNARD, ELMER A. Elmer A. Dennard Highway; designated 1237 DENTAL PROCEDURES Dentures; marking; notification of dentists 600 Veterinary medicine; definition 375 DENTISTS AND DENTAL HYGIENISTS Continuing education programs 350 Dental hygienists; temporary licenses 352 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentures; marking; notification of dentists 600 Practice of dentistry; definition 450 DENTURES Marking; notification of dentists 600

Page LXXXIII

DEPARTMENT OF ADMINISTRATIVE SERVICES Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State purchasing; procedures; revise reference to Employment Security Law 139 State purchasing; recycled paper products; funds 606 State purchasing; sealed bids; advertisement; liability of official violating law 1380 DEPARTMENT OF AUDITS AND ACCOUNTS Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 DEPARTMENT OF COMMUNITY AFFAIRS Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 DEPARTMENT OF CORRECTIONS Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Mr. James Thomason; compensation 1176 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 See also Penal Institutions DEPARTMENT OF HUMAN RESOURCES Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Assistant district attorneys; definition; appointment; child support recovery 744 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Commissioner; Georgia Child Care Council; member 1648 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Drug abuse education programs; standards; admission; pregnant females; priority 977 Health care facility; revocation of certificate of need 328 Joint Study Committee on Children and Youth; creation 2025 Juvenile court probation and intake services transferred to the department 1823 Nursing homes; lists of deficient nursing homes; notices 1603 Personal Assistance Program for Persons with Disabilities Act; Division of Rehabilitation Services; personal attendant care 399

Page LXXXIV

Records; access 1059 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Violations by agencies under the department; investigations and examinations 341 See also Health; Mental Health; and Social Services DEPARTMENT OF INDUSTRY, TRADE, AND TOURISM Commissioner; Georgia Child Care Council; member 1648 Mrs. Margaret Drew; compensation 1171 Welcome centers; state funding Vetoed SB 357 DEPARTMENT OF LABOR Appropriations; supplemental for S.F.Y. 1991-1991 263 Boilers or pressure vessels; Commissioner; inspection; fees; carnival rides; inspection; fees 258 Commissioner; Georgia Child Care Council; member 1648 Hazardous chemicals; concentration levels; authority 1304 DEPARTMENT OF MEDICAL ASSISTANCE Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Indigent Care Trust Fund; contributions 388 DEPARTMENT OF NATURAL RESOURCES Combined sewer overflows; owners and operators; plans to eliminate overflow 1386 Employees' Retirement System of Georgia; employer contribution rates 358 Environmental Policy Act; definitions; purposes 1728 Environmental Protection Division; director; Environmental Advisory Council; creation; members; terms; duties 1738 Excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Hazardous Waste Management Act; definitions 456 Georgia State Games Commission; members; terms; compensation; sites 1590 Mountains and river corridors; protection; duties 1719 Mr. Hoyt L. Nelson; compensation 1230 Mr. Marshall D. Coursey; compensation 1235 Oil or hazardous substance spills or releases; definitions; reporting 1371 Radiation sterlization services; bond 1411 Samuel Thomas Cofer Building; designated 1236 Solid waste handling facilities; permits; modifications; classifications; conditions and requirements 462 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Underground storage tanks; environmental assurance fees; limit of charges 1421

Page LXXXV

Volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 DEPARTMENT OF PUBLIC SAFETY Accident reports; fee 309 Drivers' licenses; suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 Employees' Retirement System of Georgia; employer contribution rates 358 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Records; access for commercial purposes 1870 Uniform Division; educational requirements; State Patrol Disciplinary Board; composition 1375 DEPARTMENT OF REVENUE Commissioner; appeals; surety bond 716 Employees' Retirement System of Georgia; employer contribution rates 358 DEPARTMENT OF TECHNICAL AND ADULT EDUCATION Employee contributions to fund for technical and adult education; payroll deducations 1800 State board; policy; reduction in force 691 DEPARTMENT OF TRANSPORTATION Conestoga Management, Inc., L. F. Heilman, President; compensation 1197 Mr. Cary J. Daniel; compensation 1199 Mr. Edmund J. Heartstedt; compensation 1177 Mr. Keith Stephen Marks; compensation 1200 Ms. Wilma G. Hargus; compensation 1198 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 DESCENT AND DISTRIBUTION Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Year's support; amount; burden of proof; application 948 DEVELOPMENT AUTHORITIES Surplus funds; promotion of industry, agriculture, and trade 1044

Page LXXXVI

DIPLOMAS Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 DISPOSSESSORY PROCEEDINGS Magistrate court; clerks; issuance of summons 968 DISTRICT ATTORNEYS Assistants; definition; appointment; child support recovery 744 Military service; eligibility for reelection; fines 135 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 DIVINITY SCHOOLS Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 DIVORCE Assistant district attorneys; definition; appointment; child support recovery 744 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 State policy on contact between child and parents and grandparents 1389 DOCUMENTS Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Filing under Georgia Administrative Procedure Act 1301 Nonerasable optical image reproduction; evidence; admissibility 787 DOGS Physically disabled persons; use of service dogs; identification 616 DOMESTIC RELATIONS Adoption; affidavits and petitions; surrender; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Arrest; family violence; report; inspection of record 1778 Assistant district attorneys; definition; appointment; child support recovery 744 Bailable offenses; judicial officer; family violence 1401 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950

Page LXXXVII

Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Code revision 94 Georgia Trust Act; revision and reenactment 810 Joint Study Committee on Children and Youth; creation 2025 Marriage; authority of associate juvenile court judges to perform marriage ceremonies 627 State policy on contact between child and parents and grandparents 1389 Superior courts; clerks; fees; certificates of change of names 1324 Superior courts; clerks; fees; Children's Trust Fund 1324 Superior courts; clerks; fees; decrees of adoption 1324 Superior courts; clerks; fees; Uniform Enforcement of Foreign Judgments Law 1324 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Year's support; amount; burden of proof; application 948 DOOLY COUNTY Easement across state property 1207 DOUGHERTY COUNTY Exchange of county property for state property 1201 Probate court; judge; compensation 3812 DOUGLAS COUNTY Board of commissioners; vacancies; applicability 3501 Community improvement districts 3709 Douglasville-Douglas County Charter Commission; creation 4297 Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; liens; collection 4292 Hospital Authority of Douglas County; members; vacancies 3933 DOUGLASVILLE, CITY OF Douglasville-Douglas County Charter Commission; creation 4297 Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; liens; collection 4292 DOUGLASVILLE-DOUGLAS COUNTY CHARTER COMMISSION Creation 4297 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY On-site sewage disposal systems; inspections; repairs; liens; collection 4292 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY Property powers; eminent domain 4615

Page LXXXVIII

DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY Members; appointment; election; terms; tax collection 3792 DREW, MRS. MARGARET Compensation 1171 DRIVER'S LICENSES Operators and instructors of DUI alcohol or drug use risk reduction programs; criminal records checks 1140 Receipt in lieu of bail; validation period 1776 Resident; definition 327 Restricted learners' permits for 14 year-olds with visually impaired parents 321 Suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 DRIVING UNDER THE INFLUENCE Alcohol or drug use risk reduction programs; criminal records checks; Department of Corrections 1140 Assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Habitual violators; forfeiture of motor vehicle; procedure; sale of forfeited vehicle 1896 Period of detention 416 School bus drivers; penalties 1140 DRUGS Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Drug abuse education programs; standards; admission; pregnant females; priority 977 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Marijuana; suspension of drivers' licenses 1767 DRY CLEANERS Liens; laundries, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 DULUTH, CITY OF Mayor and councilmembers; election date; terms 4313 DUMBWAITERS Commissioner of Labor; inspection; fees 258

Page LXXXIX

DUTY-FREE LUNCH PERIODS Teachers; compensation 1630 DYERS Liens; laundries, cleaners, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 E EASEMENTS Municipal corporations; population greater than 300,000; contracts 796 EAST DUBLIN, CITY OF Administrative and service departments; appointments 4903 EAST POINT, CITY OF Millage rates 3506 EASTERN JUDICIAL CIRCUIT Additional superior court judge 288 EASTMAN, CITY OF Corporate limits 3841 Easement across state property 1178 EATONTON, CITY OF Corporate limits; zoning recommendations 4552 EAVESDROPPING Persons; exemptions 1040 EDISON, CITY OF Easement across state property 1178 EDMUND J. HEARTSTEDT Compensation 1177 EDUCATION Board of Regents of the University System of Georgia; optional retirement plan 614

Page XC

Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Code revision 94 County and regional libraries; boards of trustees; members 982 County boards of education; chairman; term set by local board policy 406 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Driving under the influence; school bus drivers; penalties 1140 Drug abuse education programs; standards; admission; pregnant females; priority 977 Election of local boards of education and appointment of local school superintendents 2032 Equalized adjusted school property tax digest 1903 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Georgia Department of Education; certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Georgia Education Authority (University); definition; membership 1577 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Home arrest programs; educational programs 1348 Income taxes; credits; employers providing basic skills education to employees 1709 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Local boards of education; date of monthly meeting; advertisement 726 Local boards of education; employees; sick leave banks or pools 1038 Local fair share funds 1903 Motor vehicle insurance; premium discounts; honor students 1830 Nonpublic medical schools; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 Professional Practices Commission; school system educators; reportable offenses 620 Quality Basic Education Act; instruments, procedures, and policies to assess effectiveness of programs; types of assessments 1543 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 State Arboretum of Georgia; designation 1287 State Board of Education; delegation of certain powers to State School Superintendent; duty-free lunch periods; pilot projects; evaluations 1630 State Board of Education; local school district; bonded indebtedness; notification; payment 1579

Page XCI

State Board of Technical and Adult Education; policy; reduction in force 691 State lottery; proposed constitutional amendment 2035 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 Teachers; duty-free lunch periods; compensation 1630 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Testing 1543 Work release programs; educational programs 1352 Workers' compensation; group self-insurance fund; municipal independent school systems 369 EFFINGHAM COUNTY State court; judge; solicitor; compensation 3648 EGGS Standards and labeling; regulation of sales 1115 ELECTIONS Agricultural Commodity Commission for Peanuts; qualification; membership 997 Campaign contributions; conflicts of interest; officials 1365 Code revision 133 Contests; jurisdiction, venue, and procedures of superior courts 608 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Handicapped electors; modification of voting booths; sufficient accommodations for privacy 599 Municipal; filing; notice of candidacy; time period 632 Polling places; summaries; constitutional amendments 999 Recall; petitions; review 608 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Special elections and municipal special elections; uniform dates; exceptions 316 State Election Board; compelling compliance with election laws, rules, and regulations; judge; election cases; powers, duties, and procedures; recall petitions 608 Tax officials; vacancy in office; special election; procedures 365 Write-in candidates; designation of office sought 631 ELECTRIC UTILITIES Integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 ELECTRONIC FORMAT DATA GeorgiaNet Authority; transmit and receive 425

Page XCII

ELEVATORS Commissioner of Labor; inspection; fees 258 ELMER A. DENNARD HIGHWAY Designated 1237 EMERGENCY MANAGEMENT, CIVIL DEFENSE, OR RESCUE ORGANIZATIONS Emergency Management Rescue Specialists; killed or disabled; indemnification; definition 1312 Local organization for emergency management; local governments; establishment; local directors; funding; local disaster relief 654 Workers' compensation; volunteers; certain persons covered 677 EMERGENCY MEDICAL SERVICES Workers' compensation; volunteers; certain persons covered 677 EMERGENCY TELEPHONE NUMBER 911 SERVICE Public safety answering point; definition; billing in advance of service 93 EMERGENCY VEHICLES Flashing or revolving green lights 1145 EMINENT DOMAIN Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Airport property; acquisition outside of boundaries; prohibited 953 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Board of trustees; membership 274 Employer contribution rates; Department of Public Safety; Department of Natural Resources; Department of Revenue 358 Employer contributions on behalf of members in the armed forces; pension accumulation fund 1297 Supreme Court Justices; Court of Appeals Judges; mandatory retirement; exceptions Vetoed SB 153 EMPLOYMENT SECURITY LAW Revision and redesignation of provisions; benefits; unemployment compensation; employer layoffs; claims; cross-references 139

Page XCIII

ENTOMOLOGY State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 ENVIRONMENTAL ADVISORY COUNCIL Creation; members; terms; duties 1738 ENVIRONMENTAL POLICY ACT Definitions; purposes 1728 ENVIRONMENTAL PROTECTION DIVISION Director; Environmental Advisory Council; creation; members; terms; duties 1738 Environmental Policy Act; definitions; purposes 1728 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Hazardous Waste Management Act; definitions 456 Oil or hazardous substance spills or releases; definitions; reporting 1371 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Underground storage tanks; environmental assurance fees; limit of charges 1421 EPPS, KAY Conveyance of state property 1282 EQUINE ACTIVITIES Immunity from liability; definitions; exceptions; notice 680 EQUITY Restrictive covenants; breach; statute of limitations; building set-back lines 665 ESCALATORS Commissioner of Labor; inspection; fees 258 ESCAPE Use of deadly force to prevent; peace officers; agencies 624 ETIOLOGIC AGENT Motor vehicles; transporting; marked with sign or placard 1058

Page XCIV

EVIDENCE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Business records; destruction after three years 1638 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Eminent domain; special master proceedings; evidence and testimony admitted 332 Law enforcement officers; witness fees 773 Nonerasable optical image reproduction; admissibility 787 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Personal property; custody; law enforcement agencies; return or disposition 944 Year's support; amount; burden of proof; application 948 EXCISE TAXES Rooms, lodgings, and accommodations; requirements; limitations 292 EXECUTORS Lack of; letters of administration 394 EXPLOSIVES Criminal possession of an explosive device; definition; penalty 324 EYE BANKS Department of Human Resources; violations by agencies under the department; investigations and examinations 341 F FAIR BUSINESS PRACTICES ACT OF 1975 Cease and desist order; telephone service carriers; billings; liability; 900 or 976 numbers 1346 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 FAIRBURN, CITY OF Homestead exemption; referendum 3581 Millage rates 3506 Property taxes 4969

Page XCV

FAIRMOUNT, CITY OF Mayor; veto power; municipal court 3734 FALL LINE HYDRO COMPANY, INC. Lease of state property at High Falls and Watson Bridge state parks Vetoed SR 198 FAMILY VIOLENCE Arrest; reports; inspection of records 1778 Bailable offenses; judicial officer 1401 FARM PRODUCTS Defined 1849 FARM TRACTOR WARRANTY ACT Definitions; manufacturer's duties; alternative dispute settlement proceedings 419 FARM VEHICLES Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 FARM WINERIES Sunday sales of wine by farm wineries 1164 FAYETTE COUNTY Transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170 FEES Magistrate courts; warrant; bad checks 1753 Sheriffs; civil and criminal cases; effect on local or special laws 1166 FERRETS Pets; permits; licenses 1157 FETICIDE Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109

Page XCVI

FINE ART Duplication by printers; forms; penalties; civil liability 1161 FINGERPRINTING Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 FIRE PROTECTION AND SAFETY Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Fire department; member; witness fees 773 Fire sprinklers; installation; certain persons; licenses 1317 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Georgia Firemen's Pension Fund; membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 Obstruction or hinderance of firefighters 755 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Workers' compensation; volunteers; certain persons covered 677 FIRE PROTECTION SPRINKLER CONTRACTOR Fire sprinkler; installation 1317 FIRE SPRINKLERS Installation; certain persons; licenses 1317 FIREMEN Indemnification; applications; time for filing 771 Witness fees 773 FISHING See Game and Fish FLAGS Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041

Page XCVII

FLOYD COUNTY Easement across state property 1207 Rome-Floyd County Commission on Children and Youth; members 3737 FOOD, DRUGS, AND COSMETICS Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Drug abuse education programs; standards; admission; pregnant females; priority 977 Eggs; standards and labeling; regulation of sales 1115 Food; sales and use tax exemption repealed; income tax credits 87 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Marijuana; suspension of drivers' licenses 1767 FORESTERS Exemption; real estate appraisers' requirements 266 FORESTRY Commercial driver's licenses; timber products vehicles 618 Foresters; exemption; real estate appraisers' requirements 266 FORFEITURES Driving under the influence; habitual violators; forfeiture of motor vehicles; procedures; sale of forfeited vehicle 1896 Illegal hunting of deer at night; superior court; retaining property for use 1782 Property used in illegal drug transactions 886 FORGERY Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 FORSYTH COUNTY Blue Ridge Judicial Circuit; superior court; additional judge 280 Board of commissioners; chairman; members; compensation 3931 Board of education; members; compensation; per diem 4191 Cumming-Forsyth County Unification Commission; creation 3611 FORT VALLEY, CITY OF Mayor or alderman; qualifications; posts and wards; majority vote; terms of office; mayor pro tempore; utilities commissioner; qualifications 3701

Page XCVIII

FRANKLIN COUNTY Board of commissioners; creation 4681 FULTON COUNTY Atlanta Judicial Circuit; chief judge; Act repealed 1009 Development near lake in residential area; engineer's approval; civil liability 4487 Municipalities; school systems; special tax districts; millage rates 3506 Rodent inspection and control services; rat poison 4767 School district; homestead exemption; eligibility; procedures; forms; applicability; exceptions; referendum 3747 Sheriff; chief deputy not required; judge of probate court; superior court clerk; tax commissioner; treasurer; vacancies 3651 Superior court; additional judge 278 Vehicles; designated registration periods 3724 FUNERALS Deceased indigent persons; interment; county funding 431 G GAINESVILLE, CITY OF Retirement system; benefits 4975 GAMBLING Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 Prohibitions not applicable to certain games or devices; crane game machines 1398 State lottery; proposed constitutional amendment; pari-mutuel betting casino gambling 2035 GAME AND FISH Bears; hunting; trafficking in bears or bear parts 1157 Code revision 94 Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Environmental Policy Act; definitions; purposes 1728 Ferrets; pets; permits; licenses 1157 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Nonresident salt-water fishing licenses; repealed 1157

Page XCIX

Shellfish regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 GARDEN CITY, CITY OF Mayor and council; election; terms; organizational meeting 3677 GARNISHMENT Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Delinquent state taxes; state revenue commissioner; procedures 713 GARVIS YOUNGBLOOD Conveyance of state property 1282 GAS PIPELINES Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 GAS UTILITIES Rates; accounting methods 1705 GASOLINE Underground storage tanks; environmental assurance fees; limit of charges 1421 GAY, TOWN OF Mayor pro tempore; appointment; council; quorum 3728 GENEALOGISTS Cemeteries and burial grounds; preservation and protection; permits; penalties 924 GENERAL ASSEMBLY Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Appropriations; S.F.Y. 1991-1992 1944 Appropriations; supplemental for S.F.Y. 1990-1991 1936 Aviation Hall of Fame; overview committee 1773 Civil practice; continuances; certain staff 376 Clerk of the House of Representatives; succession to office 622 Committees; conversion of fiscal retirement bills to nonfiscal retirement bills 353 Fiscal Affairs Subcommittees; licensing agreements for 1996 Olympic Games commemorative motor vehicle license plates 1683

Page C

Georgia State Games Commission; members; terms; compensation; sites 1590 Indigent Care Trust Fund; contributions 388 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Legislative Services Committee; membership 5 Local bills; proof of advertisement; affidavits 747 Local constitutional amendments; repeal by local Act with referendum 2031 Members; oath of office; state court judges 746 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687 Recall; petitions; review 608 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Reimbursable expense allowance of members; documentation 1363 Secretary of the Senate; succession to office 622 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee 1173 GENERAL PROVISIONS Agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; defined 1849 Girls and Women in Sports Day; designation 788 Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Additional members; terms 1686 Conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 GEOLOGISTS Qualifications; certification in a specialty; seals 1130 GEORGIA ADMINISTRATIVE PROCEDURE ACT Department of Human Resources; violations by agencies under the department; investigation and examinations 341 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Licensees; hearing; review of information possessed by an agency 1400 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 GEORGIA AIR QUALITY ACT OF 1978 Permits; fees; penalties 1735

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GEORGIA AUCTIONEERS COMMISSION Auctioneers education, research, and recovery fund; creation; purposes 801 Continuing education; reciprocity; fees 799 GEORGIA AVIATION HALL OF FAME Board; overview committees; powers and duties; funds 1773 GEORGIA BASIC HEALTH INSURANCE PLAN Commissioner of Insurance; development; promote use 1606 GEORGIA BOARD OF ATHLETIC TRAINERS Members; residency requirement; athletic injury 750 GEORGIA BOARD OF DENTISTRY Continuing education programs; dentists and dental hygienists 350 Dental hygienists; temporary licenses 352 Dentures; marking; notification of dentists 600 Practice of dentistry; definition 450 GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985 Financial hardship cases; special lien; notice; judicial sales; court orders 452 GEORGIA BUILDING AUTHORITY Real property; railroad operations 970 Steve Polk Plaza; designation 1229 GEORGIA BUREAU OF INVESTIGATION Georgia Crime Information Center; stolen vehicles and license plates; reporting 723 Witness fees 773 GEORGIA CHILD CARE COUNCIL Creation; composition; director; funding 1648 GEORGIA COMPUTER SYSTEMS PROTECTION ACT Definitions; criminal offenses; liability; penalties; remedies and damages 1045 GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION Executive officer; compensation Vetoed HB 763

Page CII

GEORGIA COURTS AUTOMATION COMMISSION Creation; membership; powers, duties, and compensation 634 GEORGIA CRIME INFORMATION CENTER Stolen vehicles and license plates; reporting 723 GEORGIA DEPARTMENT OF EDUCATION See Education GEORGIA EDUCATION AUTHORITY (UNIVERSITY) Definition; membership 1577 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Members' qualifications 1685 GEORGIA FIREMEN'S PENSION FUND Membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Definitions 456 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY Definitions; composition; executive director; powers and duties of authority 1740 GEORGIA HOUSING AND FINANCE AUTHORITY Creation; general purposes 1653 GEORGIA MUNICIPAL TRAINING ACT Training institute; board of directors; composition; training for clerks of municipalities Vetoed HB 287 GEORGIA NONPROFIT CORPORATION CODE Revision and reenactment 465 GEORGIA POWER COMPANY Exchange of property for state property in Fulton County 1266

Page CIII

GEORGIA PROMPT PAYMENT ACT State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 GEORGIA RESIDENTIAL FINANCE AUTHORITY Abolished 1653 Definitions; powers; bonding cap 391 GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACT Partners; indemnification 1011 GEORGIA STATE GAMES Georgia State Games Commission; members; terms; compensation; sites 1590 GEORGIA STATE PATROL See also Law Enforcement Officers and Agencies GEORGIA STATE WAR VETERANS' HOME Director; appointment; approval; Veterans Service Board 330 GEORGIA TEACHER OF THE YEAR Salary increases 1630 GEORGIA TRUST ACT Revision and reenactment 810 GEORGIA WAR VETERANS NURSING HOME Administrator; appointment; approval; Veterans Service Board 330 GEORGIANET AUTHORITY Composition; executive director; salary; merit system; retirement; funds; data 425 GIRLS AND WOMEN IN SPORTS DAY Designation 788 GLASCOCK COUNTY Board of commissioners; payment of county obligations 4118

Page CIV

GLENN, WOODY Woody Glenn Highway; designated 1240 GLENNVILLE, CITY OF Mayor and council; election date; terms; elections 3989 GOODWIN ENTERPRISES, INC. Lease of Warm Springs area historical hydrotherapy pool complex Vetoed HR 352 GORDON COUNTY Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 GOVERNOR Environmental Advisory Council; appointment of members 1738 Georgia Child Care Council; members; appointment 1648 Georgia Hazardous Waste Management Authority; executive director; appointment 1740 Georgia State Games Commission; members; terms; compensation; sites 1590 Organized militia; members consent to active duty without pay; privileges and immunities 1393 GRAHAM, CITY OF Charter; incorporation 4770 GRAND JURIES Law enforcement officers; witness fees 773 GRAYSON, CITY OF City of Grayson Water Authority; creation 4195 GRIFFIN, CITY OF Board of commissioners; taxation; finance; homestead exemption; referendum 4604 Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Griffin-Spalding County Personal Care Health Board; creation 4609 GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION Members; compensation; expenses 3693

Page CV

GRIFFIN-SPALDING COUNTY PERSONAL CARE HEALTH BOARD Creation 4609 GROWING CROPS Defined 1849 GUARANTEED REVENUE DEBT COMMON RESERVE FUND Public road work; financing; general obligation debt 1355 GUARDIAN AND WARD Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians ad litem; lost wills; letters of administration; probate courts; clerks; counties of 100,000 or more 394 United States Department of Veterans Affairs; guardians of beneficiaries; compensation 1019 GWINNETT COUNTY Gwinnett County Arts Facility Authority; creation 3542 Gwinnett Judicial Circuit; additional superior court judge 280 Recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 GWINNETT COUNTY ARTS FACILITY AUTHORITY Creation 3542 GWINNETT JUDICIAL CIRCUIT Additional superior court judge 280 H HALL COUNTY Board of education; members' expenses; insurance 3504 Civil service system; county personnel director 4818 HAMILTON, CITY OF Municipal court; penalties; referendum 3973 HANCOCK COUNTY Magistrate court; chief magistrate; compensation 4494 Sparta-Hancock Public Facilities Authority; creation 4394

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HANDICAPPED PERSONS Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Handicapped electors; modifications of voting booths; sufficient accommodations for privacy 599 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Personal Assistance Program for Persons With Disabilities Act; Division of Rehabilitation Services; personal attendant care 399 Physically disabled persons; use of service dog; identification 616 HAPEVILLE, CITY OF Millage rates 3506 HARALSON COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 HARGUS, MS. WILMA G. Compensation 1198 HARLEM, CITY OF Mayor and council; election date; terms 4542 HAWKINSVILLE, CITY OF New charter 4711 HAZARDOUS CHEMICALS Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 HAZARDOUS MATERIALS Insurance coverage; private sector removers of hazardous materials 1154

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HAZARDOUS SUBSTANCES Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Railroad crossings; stopping; vehicles carrying 1004 Spills or releases; definitions; reporting 1371 HAZARDOUS WASTE Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Oil or hazardous substance spills or releases; definitions; reporting 1371 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 HEALTH Administration of laws; Department of Human Resources; records; chief medical officers; discharge of patients; psychologists; examination; treatment; privileged communications; liability 1059 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Ambulance; prohibited use of word without license 597 Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Clinical laboratories; inclusion of tissue banks within definition 349 Code revision 94 Contact lenses; sale by unlicensed persons prohibited 1003 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentures; marking; notification of dentists 600 Department of Human Resources; lists; deficient nursing homes; notices 1603 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Drug abuse education programs; standards; admission; pregnant females; priority 977 Georgia Trust Act; revision and reenactment 810 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians of beneficiaries; compensation 1019 Health care corporations; formation; board of directors; members 724 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419

Page CVIII

Health care facility; revocation of certificate of need 328 Health care providers; certain advertisements; prohibited Vetoed HB 774 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Indigent Care Trust Fund; contributions 388 Joint Study Committee on Children and Youth; creation 2025 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Long-term care facilities; residents; irrevocable letters of credit 1129 Medical or surgical consent; persons who may consent to medical or surgical consent 335 Model basic health insurance plan; Commissioner of Insurance; development; promotion of use 1606 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Motor vehicles; transporting biohazardous substances; marked with sign or placard 1058 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Nursing homes; Department of Human Resources; lists of deficient nursing homes; notices 1603 Occupational therapists; definitions; licensing; permits; physical agent modalities; fine; renewals 379 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Paramedics and cardiac technicians; certification 597 Peer review organization; definition; inspection of records 1016 Penal institutions; notification of law enforcement agency of patient or inmate having communicable disease; definition; confidentiality; penalty 1319 Personal Assistance Program for Persons With Disabilities Act; Division of Rehabilitation Services; personal attendant care 399 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Practice of dentistry; definition 450 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685 Radiation sterilization services; bond 1411 State health planning; definitions; exemptions; certificate of need; fines 1871 Tanning facilities; definitions; warning signs; equipment requirement; protective gear; records; civil actions; variances 1411 Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784

Page CIX

Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 Vital records; certification; birth and death certificates; disposition of dead body or fetus; listings of death 669 Vital records not open to inspection; confidential 1943 HEALTH CARE Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 HEALTH CARE CORPORATIONS Formation; board of directors; members 724 HEALTH CARE FACILITIES Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 HEALTH CARE PROVIDERS Certain advertisements; prohibited Vetoed HB 774 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 HEALTH POLICY COUNCIL Abolished 1880 HEALTH STRATEGIES COUNCIL Creation; purposes and functions 1880 HEARD COUNTY Board of commissioners; creation 3976 HEARING AIDS State Board of Hearing Aid Dealers; membership; licenses; examinations; reciprocity 401 HEARTSTEDT, MR. EDMUND J. Compensation 1177 HEILMAN, L. F. Conestoga Management, Inc., L. F. Heilman, President; compensation 1197

Page CX

HENRY COUNTY Board of education; chairman; members; compensation 4392 Community improvement districts; creation 4339 Coroner; compensation; expense account 4415 Magistrate court; chief magistrate; compensation 4413 HIGHWAYS, BRIDGES, AND FERRIES Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Andersonville POW Memorial Trail; designated 1005 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bus shelters; erected; public roads; advertisement 1861 Code revision 94 Conestoga Management, Inc., L. F. Heilman, President; compensation 1197 Elmer A. Dennard Highway; designated 1237 J. Truman Holmes Bridge; designated 1294 J. P. Marshall By-Pass; designated 1241 Jimmy Lee Campbell Memorial Highway; designated 1205 John T. McKenzie Bridge; designated 1233 Lyle Jones Parkway; designated 1296 Mr. Cary J. Daniel; compensation 1199 Mr. Edmund J. Heartstedt; compensation 1177 Mr. Keith Stephen Marks; compensation 1200 Ms. Wilma G. Hargus; compensation 1198 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Raymond G. Davis Medal of Honor Highway; designated 1286 Roger E. James Bridge; designated 1294 The Zell Miller Mountain Parkway; designated 2026 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Woody Glenn Highway; designated 1240 HISTORIC PROPERTY Parking; permits; fees; intent 1007 HIV TESTING AIDS transmitting crimes; procedures; disclosure; reports 974 HOGANSVILLE, CITY OF School taxes; maximum millage rate; referendum 4427

Page CXI

HOLIDAYS AND OBSERVANCES Girls and Women in Sports Day; designation 788 HOLLY SPRINGS, CITY OF Mayor and council; elections; terms 3625 HOLMES, J. TRUMAN J. Truman Holmes Bridge; designated 1294 HOME ARREST PROGRAMS County offenders; definitions; assignment; revocation; eligibility; costs 1348 HOMERVILLE, CITY OF Council; meetings; municipal court 4470 HOMICIDE One year and a day rule; eliminated 719 HORSES Equine activities; immunity from liability; definitions; exceptions; notice 680 HOSPITAL AUTHORITIES Ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 HOSPITAL AUTHORITY OF DOUGLAS COUNTY Members; vacancies 3933 HOSPITAL AUTHORITY OF PUTNAM COUNTY Members; appointment; terms 3998 HOSPITALS Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864

Page CXII

Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 HOTEL-MOTEL TAXES Requirements; limitations; lodges operated by the Department of Natural Resources 292 HOUSE COMMITTEE ON INDUSTRY Aviation Hall of Fame; overview committee 1773 HOUSE OF REPRESENTATIVES Clerk; succession to office 622 Reimbursable expense allowance of members; documentation 1363 HOUSE TRAILERS Annual license fees 434 HOUSING AUTHORITIES Housing authorities of municipalities of 350,000 or more; commissioners 390 HOUSTON COUNTY Board of commissioners; chairman; expense account; vacancy 3742 Easement across state property 1207 HOYT L. NELSON Compensation 1230 HUNTING See also Game and Fish I INCOME TAXES Corporations; time of payment 368 Credits; employers providing basic skills education to employees 1709 Employer; monthly and quarterly returns; adjustments; penalties 739 Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 Payment; check or money order; dishonor; penalty 715 Returns; municipal population; 350,000 or more 303 State revenue commissioner; appeals; surety bond 716 Tax credits; sales and use tax on food repealed 87

Page CXIII

INDECENCY Penalty 966 INDEMNIFICATION Emergency management rescue specialists; killed or disabled; definition 1312 Public Service Commission; law enforcement personnel; applications; time for filing 771 Revised Uniform Limited Partnership Act; partners; indemnification 1011 INDEPENDENT CONTRACTORS Certain owner-operators of equipment deemed independent contractors 1850 INDIGENT CARE TRUST FUND Contributions 388 INDIGENT PERSONS Deceased; interment; county funding 431 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 INDUSTRY AND TRADE Commissioner of industry, trade, and tourism; Georgia Child Care Council; member 1648 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 INSURANCE Accident reports; solicitations 1864 Attorneys; referrals to or payments by attorneys prohibited; motor vehicle accidents; reports 1864 Certain owner-operators of equipment deemed independent contractors 1850 Code revision 94 Commissioner; financial regulatory capabilities 1424 Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123 Credit life and credit accident and sickness insurance; applicability of chapter; loan or credit transaction 1092 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Emergency management rescue specialists; killed or disabled; indemnification; definition 1312

Page CXIV

Fraud; felony offense; fraudulent insurance act; deductibles; uninsured motorist coverage; standard insurance rates; approval; premium discounts; personal injury protection coverage; settlement of claims 1608 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Health care corporations; formation; board of directors; members 724 Health care providers; certain advertisements; prohibited Vetoed HB 774 Health care providers; referrals to or payments by health care providers prohibited; motor vehicle accidents; reports 1864 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Life insurance; proceeds or payments; computation of interest; rates 1055 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Model basic health insurance plan; commissioner; development; promotion of use 1606 Motor vehicle accidents; referrals to or payments by attorneys and health care providers prohibited; reports. 1864 Motor vehicles; municipalities of more than 350,000 as self-insurers; population changed 302 Motor vehicles; premium discounts; defensive drivers; honor students 1830 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Public adjusters; authority; motor vehicle accidents 1864 Unauthorized insurers; service of process; Commissioner 1090 Workers' compensation; asbestos; filing of claim; time period 1586 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 INTANGIBLE TAXES Real estate transfer tax; deeds and instruments; power of appointment; exemption 965 INTEREST Life insurance policies; proceeds or payments; computation; rates 1055 INTERMENT Indigent persons; county funding 431

Page CXV

INTERNAL REVENUE CODE Charitable institutions; insurable interest; donor 1123 Charitable organizations; filing of financial statements 789 Georgia Trust Act; revision and reenactment 810 Internal Revenue Code of 1986; meaning; incorporation into state law 367 IRWIN COUNTY Board of commissioners; contracts; correctional facility as private, commercial enterprise 4077 ISLANDS Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 J J. CARRELL LARMORE PROBATION DETENTION CENTER Designated 1203 J. TRUMAN HOLMES BRIDGE Designated 1294 J. P. MARSHALL J. P. Marshall By-Pass; designated 1241 JACKSON COUNTY Board of commissioners; vacancies 3632 JAILS Escape; use of deadly force to prevent; peace officers; agencies 624 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Sexual assault; probationer or parolee 1108 JAMES, ROGER E. Roger E. James Bridge; designated 1294 JAMES EARL CARTER, JR. TRIBUTE COMMISSION Creation 1694

Page CXVI

JAMES THOMASON Compensation 1176 JASPER COUNTY Jasper County Economic Development Authority; creation 4524 JASPER COUNTY ECONOMIC DEVELOPMENT AUTHORITY Creation 4524 JESUP, CITY OF District two; polling place 4899 JIMMY LEE CAMPBELL MEMORIAL HIGHWAY Designated 1205 JOHN T. MCKENZIE John T. McKenzie Bridge; designated 1233 JOINT AIRPORT DEVELOPMENT AUTHORITY STUDY COMMITTEE Creation 1231 JOINT STUDY COMMITTEE ON CHILDREN AND YOUTH Creation 2025 JOINT WORKERS' COMPENSATION TASK FORCE Creation 1747 JOHN T. MCKENZIE BRIDGE Designated 1233 JOHNSON COUNTY Magistrate court; law library fees 3751 JONES, LYLE Lyle Jones Parkway; designated 1296 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Board of commissioners; additional member; appointment; term of office 1105

Page CXVII

JUDICIAL SALES Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 JUVENILE COURTS Associate judges; authority to perform marriage ceremonies 627 Certain children sentenced to Department of Corrections; effective date amended 959 Child abuse reports; access; reclassification of child abuse cases 1320 Council of Juvenile Court Judges; membership 627 Judges; mandatory retirement Vetoed HB 478 Law enforcement officers; witness fees 773 Probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Restraints on freedom of accused juveniles prior to adjudication 346 Serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 JUVENILE JUSTICE COORDINATING COUNCIL Merger into the Children and Youth Coordinating Council 435 JUVENILES Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Closed circuit television testimony by children who are victims of crime 1377 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Joint Study Committee on Children and Youth; creation 2025 K KAY EPPS Conveyance of state property 1282 KEITH STEPHEN MARKS Compensation 1200

Page CXVIII

KENNESAW, CITY OF Corporate limits 4081 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 KEYSVILLE, CITY OF New charter 4570 KINGSLAND, CITY OF Corporate limits 4108 Kingsland Area Convention and Visitors Bureau Authority; creation 4101 Manager; duties; powers 4185 KINGSLAND AREA CONVENTION AND VISITORS BUREAU AUTHORITY Creation 4101 L LABOR AND INDUSTRIAL RELATIONS Boilers or pressure vessels; Commissioner of Labor; inspection; fees; carnival rides; inspection; fees 258 Code revision 94 Commissioner of Labor; Georgia Child Care Council; member 1648 Department of Labor; supplemental appropriations for S.F.Y. 1990-1991 263 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Employment Security Law; revision and redesignation of provisions; benefits; unemployment compensation; employer layoffs; claims; cross-references 139 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating exemption 1358 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 Health care corporations; formation; board of directors; members 724 Income taxes; credits; employers providing basic skills education to employees 1709 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Motor vehicles; dealers; warranties; distributors; remedies 797 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; asbestos exposure; filing of claim; time period 1586

Page CXIX

Workers' compensation; certain owner-operators of equipment deemed independent contractors 1850 Workers' compensation; claims; filed upon receipt or upon mailing by certified or registered mail 359 Workers' compensation; Department of Natural Resources; volunteer services; expenses; insurance; bonds Vetoed SB 272 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 Workers' compensation; Joint Workers' Compensation Task Force; creation 1747 Workers' compensation; State Board of Workers' Compensation; senior administrative law judge; created 405 Workers' compensation; volunteers; certain persons covered 677 LAGRANGE, CITY OF Downtown LaGrange Development Authority; property powers; eminent domain 4615 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Additional members; terms 1692 LAMAR COUNTY Magistrate court; chief magistrate; nonpartisan election 3819 Manager; repeal 3821 LAND SURVEYORS Land surveying; definition 1133 LANDLORDS AND TENANTS Security deposits; liability for rent of military personnel 360 LARMORE, J. CARRELL J. Carrell Larmore Probation Detention Center; designated 1203 LAUNDRIES Liens; cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 LAW ENFORCEMENT OFFICERS AND AGENCIES Abuse of governmental office; definition; bribery; public officials and employees 1749 Arrest; family violence; report; inspection of record 1778

Page CXX

Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Department of Public Safety; accident reports; fees 309 Department of Public Safety; Uniform Division; educational requirements; State Patrol Disciplinary Board; composition 1375 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Escape; use of deadly force to prevent; peace officers; agencies 624 Flashing or revolving green lights 1145 Geo. L. Smith II Georgia World Congress Center Authority; police and security force 1093 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Georgia Crime Information Center; stolen vehicles and license plates; reporting 723 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Indemnification; Public Service Commission; law enforcement personnel; applications; time for filing 771 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Local governments; reimbursement; defense; criminal acts 1821 Magistrate courts; marshals; employment to perform duties of constables 1155 Motor vehicle accident records of the Department of Public Safety 1870 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Notification of patient or inmate having communicable disease; definition; confidentiality; penalty 1319 Peace Officers' Annuity and Benefit Fund; correction of records and payments 786 Personal property; custody; return or disposition 944 Probation; community service programs; use for private gain 1302 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781

Page CXXI

Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sexual assault; probationer or parolee 1108 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Witness fees 773 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; volunteers; certain persons covered 677 LEASING AND RENTAL COMPANIES Used Car Dealers' Registration Act; exemption 983 LEGAL ADVERTISEMENTS Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting 726 LEGAL ORGANS Advertisement; local bills; proof; affidavits 747 Local boards of education; date of monthly meeting; advertisement 726 LEGISLATIVE SERVICES COMMITTEE Membership 5 LEMON LAW Motor Vehicle Warranty Rights Act; applicability of law 604 LEWIS M. CARTER MANUFACTURING CO., INC. Conveyance of state property in Seminole County 1260 LIBRARIES County and regional libraries; boards of trustees; members 982 LICENSE, OCCUPATION, AND PROFESSIONAL TAXES Licensing; permits; physical agent modalities; fine; renewals 379 Occupational therapists; licensing; permits; physical agent modalities; fine; renewals 379 Payment; check or money order; dishonor; penalty 715

Page CXXII

LICENSE FEES House, auto, and boat trailers 434 LICENSE PLATES Citizens band radio operators; provisions repealed 373 Commemorative; 1996 Olympic Games; licensing 1683 County designation; required; Purple Heart 1145 Prestige; retired veterans; armed forces 1036 Resembling official plates; prohibited on rear of vehicle; penalty 779 Stolen; reporting; Georgia Crime Information Center 723 LICENSED CHECK CASHERS Surety bond 720 LIENS Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Materialmen and mechanics; copy of claim sent to owner or contractor; time for filing notice 639 Superior courts; clerks; fees; registration of liens for federal taxes 1324 Suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 LILBURN, CITY OF Franchises; duration 3740 LIMITED PARTNERSHIPS Revised Uniform Limited Partnership Act; partners; indemnification 1011 LIVESTOCK Certified public weighers; surety bond requirement repealed; reference removed 323 Leased livestock; purchasers; notice; ownership interest 752 LOANS Business development corporations; terms and conditions 1100 LOBBYISTS Persons representing; registration; Secretary of State; fee exemption 1687

Page CXXIII

LOCAL BILLS Proof of advertisement; affidavits 747 LOCAL FAIR SHARE FUNDS High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 LOCAL GOVERNMENT Abuse of governmental office; definition; bribery; public officials and employees 1749 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953 Alcoholic beverages; open containers prohibited while operating a motor vehicle 1587 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bonds, investment in securities, investment trusts, or common trust funds 338 Burials; deceased indigent persons; county funding 431 Cash bonds; unclaimed; disposition by counties 749 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 City business improvement districts; municipalities of more than 400,000; Act repealed 306 Closing of municipal streets; population of 350,000 or more 989 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; deceased indigent persons; interment; county funding 431 Counties; ordinances; unincorporated areas of counties; fines 993 Counties; required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044

Page CXXIV

Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Georgia Municipal Training Institute; board of directors; composition; training for clerks of municipalities Vetoed HB 287 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local organization for emergency management; establishment; local directors; funding; disaster relief 654 Magistrate courts; marshals; employment to perform duties of constables 1155 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Municipal corporations; contracts; population of not less than 350,000 989 Municipal corporations; population greater than 300,000; contracts; easements 796 Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Municipalities; special elections; uniform dates 316 Municipalties of 350,000 or more; housing authorities; commissioners 390 Municipalities of more than 350,000; motor vehicle insurance self-insurers 302 Municipality; meetings; population of 350,000 or more 989 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Personal property; custody; law enforcement agencies; return or disposition 944 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382

Page CXXV

Reimbursement; defense; criminal acts 1821 Revenue Bond Law; maximum interest rates; principal and interest payment 1103 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition; population of 350,000 or more 989 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; group self-insurance fund; county; definition 947 See also Counties and Municipal Corporations LOCAL WELCOME CENTER PROGRAM Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 LOGANVILLE, CITY OF Governing authority; organizational meeting; manager; removal 4097 LONG-TERM CARE FACILITIES Residents; abuse or exploitation; reporting; liability 1601 LORENZO BENN YOUTH DEVELOPMENT CENTER Designated 1206 LOST WILLS Probate copy 394 LOTTERIES Manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 LOTTERY Proposed state lottery; constitutional amendment 2035

Page CXXVI

LOUISVILLE, CITY OF New charter 3859 LOWNDES COUNTY State court; judge; full-time service; compensation 3551 LYLE JONES PARKWAY Designated 1296 M MACON, CITY OF Corporate limits 4336 Finance officer 4959 Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 MACON COUNTY Motor vehicles; designated registration periods 4182 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Employees' pension plan; employer contributions 4520 MAGISTRATE COURTS Bailable offenses; judicial officer; family violence 1401 Clerks; dispossessory proceedings; summons; issuance 968 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Marshals; employment to perform duties of constables 1155 Personal property; custody; law enforcement agencies; return or disposition 944 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Warrants; bad check; fee 1753 MAIL-ORDER PHARMACEUTICAL DISTRIBUTORS Group or blanket accident and sickness insurance; prohibitions 1901 MANSLAUGHTER One year and a day rule; eliminated 719 MARGARET DREW Compensation 1171

Page CXXVII

MARIETTA, CITY OF Board of education; vacancies; terms 3992 Cobb County-Marietta Water Authority; easement across state property 1246 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Corporate limits 3814 Corporate limits 3547 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 MARIJUANA Suspension of drivers' licenses 1767 MARKS, MR. KEITH STEPHEN Compensation 1200 MARRIAGE Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Associate juvenile court judges; authority to perform marriage ceremonies 627 MARSHALL, J. P. J. P. Marshall By-Pass; designated 1241 MARSHALL D. COURSEY Compensation 1235 MARSHALS Magistrate courts; marshals; employment to perform duties of constables 1155 MCDUFFIE COUNTY Deputy coroner; appointment; compensation; powers; duties 3634 MCINTOSH TRAIL REGIONAL DEVELOPMENT CENTER Transfer of Fayette County ratified 1170 MCKENZIE, JOHN T. John T. McKenzie Bridge; designated 1233

Page CXXVIII

MECHANICS' AND MATERIALMEN'S LIENS Copy of claim sent to owner or contractor; time for filing notice 639 Suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 MEDICAL CONSENT LAW Medical or surgical consent; persons who may consent to medical or surgical consent 335 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 MEDICAL FIRST RESPONDER Workers' compensation; volunteers; certain persons covered 677 MEDICAL SCHOOLS Nonpublic; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 MENTAL HEALTH Administration of laws; Department of Human Resources; records; chief medical officers; discharge of patients; psychologists; examination; treatment; privileged communications; liability 1059 Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Code revision 94 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Department of Human Resources; lists; deficient nursing homes; notices 1603 Drug abuse education programs; standards; admission; pregnant females; priority 977 Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians of beneficiaries; compensation 1019 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Medical or surgical consent; persons who may consent to medical or surgical consent 335 Peer review organization; definition; inspection of records 1016 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 State health planning; definitions; exemptions; certificate of need; fines 1871

Page CXXIX

Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 MERCHANTS Credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 MESOTHELIOMA Workers' compensation; filing of claim; time period 1586 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Annual report; filing; public notice; publication 4761 Deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Interest income; operating costs 4755 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS' AFFAIRS Andersonville POW Memorial Trail; designated 1005 Civil actions; continuances for party or counsel on account of military service 404 Commercial driver's licenses; military vehicles 618 Emergency management, civil defense, rescue, and emergency workers; workers' compensation 677 Emergency management rescue specialists; killed or disabled; indemnification; definition 1312 Guardians of beneficiaries; compensation 1019 License plates; prestige plates; retired veterans; armed forces 1036 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Motor vehicle license plates; Purple Heart; flashing or revolving green lights; emergency command posts 1145 Organized militia; members consent to active duty without pay; privileges and immunities 1393 Raymond G. Davis Medal of Honor Highway; designated 1286 Security deposits; liability for rent of military personnel 360 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 MILLEDGEVILLE, CITY OF Mayor and aldermen; compensation 4496

Page CXXX

MILLER, ZELL The Zell Miller Mountain Parkway; designated 2026 MILLER COUNTY Vehicles; designated registration periods 4540 MINISTERIAL TRAINING Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 MINORS Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Child abuse reports; access; reclassification of child abuse cases 1320 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Closed circuit television testimony by children who are victims of crime 1377 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Driving under the influence; concentration level 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Georgia Child Care Council; creation; composition; director; funding 1648 Georgia Trust Act; revision and reenactment 810 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Year's support; amount; burden of proof; application 948 MISDEMEANORS High and aggravated nature; false report; theft or conversion; motor vehicle 969 MITCHELL COUNTY County administrator; creation of office 3616 Easement across state property 1207 Mitchell County Hospital Authority; number of members; vacancies 3630

Page CXXXI

MITCHELL COUNTY HOSPITAL AUTHORITY Number of members; vacancies 3630 MOLOTOV COCKTAIL Criminal possession of an explosive device; definition; penalty 324 MOTOR FUEL TAXES Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 MOTOR VEHICLES AND TRAFFIC Accident reports; Department of Public Safety; fee 309 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Biohazardous waste; transporting; marked with sign or placard 1058 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bus shelters; erected; public roads; advertisement 1861 Certificates of title; chop shops; stolen vehicles and parts 1805 Commercial driver's licenses; law; applicability; issuance of license; disqualification from driving commercial vehicle; timber products vehicles; military vehicles 618 Commissioner of Insurance; financial regulatory capabilities and authority 1424 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Dealers; warranties; distributors; remedies 797 Driver's license; receipt in lieu of bail; validation period 1776 Drivers' licenses; operators and instructors of DUI alcohol or drug use risk reduction programs; criminal records checks; operation of programs by Department of Corrections 1140 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Drivers' licenses; suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 Driving under the influence; alcohol or drug use risk reduction programs; criminal records checks; operation of programs by Department of Corrections 1140 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; habitual violators; forfeiture of motor vehicle; procedures; sale of forfeited vehicle 1896 Driving under the influence; period of detention 416 Driving under the influence; school bus drivers; penalties 1140 Feticide by vehicle in the first degree; feticide by vehicle in the second degree definition 1109 Flashing or revolving green lights 1145

Page CXXXII

Guaranteed arrest bond certificate; automobile club; maximum amount 794 House, auto, and boat trailers; annual license fees 434 Insurance fraud; felony offense; fraudulent insurance act; deductibles; uninsured motorist coverage; standard insurance rates; approval; premium discounts; personal injury protection coverage; settlement of claims 1608 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 License plates; 1996 Olympic Games; licensing 1683 License plates; citizens band radio operators; provisions repealed 373 License plates; county designation; Purple Heart; flashing or revolving green lights 1145 License plates, prestige plates; retired veterans; armed forces 1036 License plates resembling official license plates; prohibited on rear of vehicle; penalty 779 Licensing; resident; definition 327 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Motor Vehicle Chop Shop and Stolen and Altered Property Act; offenses; forfeiture proceedings; disposition of proceeds; certificates of title; civil actions 1805 Motor vehicle insurance; premium discounts; defensive drivers; honor students 1830 Motor vehicle stereos; prohibit certain volume 417 Motor Vehicle Warranty Rights Act; applicability of law 604 Municipalities of more than 350,000; self-insurers insurance 302 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 Records; access for commercial purposes 1870 Registration and licensing; resident; definition 327 School bus drivers; minimum salary Vetoed HB 557 School bus drivers convicted of driving under the influence; penalties 1140 Stolen vehicles and license plates; reporting; Georgia Crime Information Center 723 Superior courts; clerks; fees; accidents and security for damages 1324 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Transporting biohazardous substances; marked with sign or placard 1058 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000

Page CXXXIII

Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Volunteer transportation services; immunity 1585 MOULTRIE, CITY OF Ordinance violations; penalties 4100 MOUNT ZION, CITY OF Corporate limits 3786 MOUNTAIN PARK, CITY OF Millage rates 3506 MOUNTAINS Protection; Department of Natural Resources; duties 1719 MOVING WALKS Commissioner of Labor; inspection; fees 258 MUNICIPAL CORPORATIONS Abuse of governmental office; definition; bribery; public officials and employees 1749 Airport property; acquisition outside of boundaries; prohibited 953 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 City business improvement districts; municipalities of more than 400,000; Act repealed 306 Closing of municipal streets; population of 350,000 or more 989 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Contracts; population of not less than 350,000 989 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Detention facility; full-time jailers; municipalities of 6,000 or less 1009 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Elections; filing notice of candidacy; time period 632

Page CXXXIV

Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Georgia Municipal Training Institute; training for city clerks Vetoed HB 287 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local governments; reimbursement; defense; criminal acts 1821 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Meetings; population of 350,000 or more 989 Motor vehicles; municipalities of more than 350,000 as self-insurers; population changed 302 Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Municipalities of 350,000 or more; housing authorities; commissioners 390 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Personal property; custody; law enforcement agencies; return or disposition 944 Population greater than 300,000; contracts; easements 796 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Special elections; uniform dates; exceptions 316 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000

Page CXXXV

Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition; population of 350,000 or more 989 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 MUNICIPAL COURTS Certified municipal judge; definition; cross-reference deleted 326 MURDER One year and a day rule; eliminated 719 MUSCOGEE COUNTY Board of elections and registration; creation 4160 City-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Homestead exemption; county and school district taxes; disabled veterans; referendum 4259 Homestead exemption; county and school district taxes; referendum 4265 Local constitutional amendments for homestead exemptions; continuation repealed 4252 State court; full-time chief assistant solicitor; duties; compensation 4165 N NELSON, MR. HOYT L. Compensation 1230 NEWNAN, CITY OF Newnan-Coweta County Airport Authority; members 4476 Retirement system; definition of employee 4895 NEWSPAPERS Dentistry; listing of all practicing dentists not required 1056 Health care providers Vetoed HB 774 Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting; advertisement 726 NEWTON COUNTY Board of education; members; chairman; compensation 3586 Homestead exemption; county and school district taxes; eligibility; restrictions; applicability; referendum 4328 Newton County Industrial Development Authority; revenue bonds 3529

Page CXXXVI

NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Revenue bonds 3529 NEWNAN-COWETA COUNTY AIRPORT AUTHORITY Members 4476 NONPROFIT CORPORATIONS Georgia Nonprofit Corporation Code; revision and reenactment 465 NONPUBLIC MEDICAL SCHOOLS Exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Exemptions; theology, divinity, religious education, and ministerial training 1165 Nonpublic medical schools; exemption 980 NORCROSS, CITY OF Manager; mayor pro tempore; departments and agencies; capital improvements budget; sale of city property 3680 NOTICE OF INTENTION TO INTRODUCE LOCAL BILL Affidavits 747 NOTLA WATER AUTHORITY Boundaries 4158 NUISANCES Code revision 94 NURSING HOMES Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Department of Human Resources; lists; deficient nursing homes; notices 1603

Page CXXXVII

Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 Long-term care facilities; irrevocable letters of credit 1129 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 O OATHS General Assembly; members; state court judges 746 OCCUPATIONAL THERAPISTS Licensing; permits; physical agent modalities; fine; renewals 379 OCONEE COUNTY School superintendent; appointment; term; contract 3822 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision; Title 21 on elections 133 Code revision; Title 47 on retirement and pensions 130 Corrections and reenactment 94 OGLETHORPE POWER CORPORATION Easement across state property 1289 Easement across state property in Dawson County 1253 OIL Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Spills or releases; definitions; reporting 1371 Underground storage tanks; environmental assurance fee; limits of charges 1421 OLYMPIC GAMES Commemorative license plates; licensing 1683 OLYMPICS 1996; commemorative license plates; licensing 1683 Georgia State Games Commission; members; terms; compensation; sites 1590 ONE YEAR AND A DAY RULE Homicides; eliminated 719

Page CXXXVIII

OPEN RECORDS Access; Department of Human Resources 1059 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Child abuse reports; access; reclassification of child abuse cases 1320 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Motor vehicle accident records of the Department of Public Safety 1870 Peer review organization; definition; inspection of records 1016 Vital records; certification and registration 669 Vital records not open to public inspection 1943 ORDINANCES Unincorporated areas of counties; fines 993 P PALMETTO, CITY OF Millage rates 3506 PARAMEDICS Certification 597 PARKS Parking; permits; fees; intent 1007 PAROLE Sexual assault; probationer or parolee 1108 PATERNITY Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 PAULDING COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372

Page CXXXIX

PAUPER'S BURIAL Interment; county funding 431 PAWNBROKERS Used Car Dealers' Registration Act; exemption 983 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Correction of records and payments 786 PEACH COUNTY Peach County Hospital Authority; certain members; vacancies 4482 PEACH COUNTY HOSPITAL AUTHORITY Certain members; vacancies 4482 PEANUTS Agricultural Commodity Commission for Peanuts; qualification; membership 997 PEER REVIEW ORGANIZATION Definition; inspection of records 1016 PENAL INSTITUTIONS Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Escape; use of deadly force to prevent; peace officers; agencies 624 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 J. Carrell Larmore Probation Detention Center; designated 1203 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Mr. James Thomason; compensation 1176 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Notification of law enforcement agency of patient or inmate having communicable disease; definition; confidentiality; penalty 1319

Page CXL

Officer; witness fees 773 Prison guards; indemnification; applications; time for filing 771 Probation; community service programs; use for private gain 1302 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 Sexual assault; probationer or parolee 1108 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES ACT Division of Rehabilitation Services; personal assistance 399 PERSONAL CARE HOMES Directors; licensure; employees; approval; hearing officers; hearings 721 PERSONAL PROPERTY Custody; law enforcement agencies; return or disposition 944 Damage or theft; liquidated exemplary damages 1126 PETROLEUM Oil or hazardous substance spills or releases; definitions; reporting 1371 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Underground storage tanks; environmental assurance fees; limit of charges 1421 PHARMACISTS Mail-order pharmaceutical distributors 1901 PHOSPHORUS Limits for discharged waste water; Chattahoochee River 1042 PHYSICAL AGENT MODALITIES Occupational therapists; licensing; permits 379 PHYSICIANS Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853

Page CXLI

PICKENS COUNTY Board of commissioners; creation; referendum 4212 School district; homestead exemption; referendum 3851 PIERCE COUNTY Board of commissioners; compensation 4620 PIKE COUNTY Pike Clean and Beautiful Authority; creation 4093 School district; homestead exemption; referendum 3695 PIKE CLEAN AND BEAUTIFUL AUTHORITY Creation 4093 PINE LAKE, CITY OF New charter 3935 PINE MOUNTAIN, TOWN OF Contracts; taxation of property to be annexed; service districts 4964 PLUMBERS Fire sprinkler; installation 1317 POLK COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 POLK, STEVE Steve Polk Plaza; designated 1229 POSTSECONDARY EDUCATION Nonpublic medical schools; Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 980 Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165

Page CXLII

POWDER SPRINGS, CITY OF Corporate limits; organizational meetings; manager; removal; mayor's veto; department administration; municipal court judges; qualifications; offenses; penalties; clerk; appointment 4558 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 PRINCIPAL AND AGENT Deed or instrument under seal creating an agency relationship shall be binding on principal 410 Unauthorized insurers; service of process 1090 PRINTERS Fine art; duplication by printers; forms; penalties; civil liability 1161 PRINTING Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 PRISON GUARDS Indemnification; applications; time for filing 771 PRIVATE DETECTIVES Businesses; licenses; qualifications; suspensions; exceptions 1027 PRIVATE RESIDENTIAL AREAS Uniform Rules of the Road; application; circumstances 1000 PRIVATE SECURITY Businesses; licenses; qualifications; suspensions; exceptions 1027 PRIVILEGED COMMUNICATIONS Psychologists; scope 1059 PROBATE COURTS Clerks; counties of 100,000 or more 394 Clerks; dockets; costs 1753 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Guardians ad litem; lost wills; letters of administration 394

Page CXLIII

Judge of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Year's support; amount; burden of proof; application 948 PROBATION Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Community service programs; use for private gain 1302 Confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Juvenile court probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Sexual assault; probationer or parolee 1108 Shortening by sentencing court; notice and hearing 310 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 PROFESSIONAL PRACTICES COMMISSION Reportable offenses 620 PROFESSIONAL STANDARDS COMMISSION Certification of school personnel; Georgia Department of Education; transfer of functions to the Professional Standards Commission 1546 PROFESSIONS AND BUSINESSES Accountants; certified public accountants; educational requirements 371 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Athletic trainers; athletic injury; definition; Georgia Board of Athletic Trainers; residency requirement 750 Auctioneers; continuing education; reciprocity; fees 799 Auctioneers education, research, and recovery fund; creation; purposes 801 Certified public accountants; educational requirements 371 Charitable organizations; filing of financial statements 789 Check cashers; licensing; exemption 784 Code revision 94 Conditioned air contractors; licenses; continuing education; registration 1581 Contact lenses; sale by unlicensed persons prohibited 1003 Dental hygienists; temporary licenses 352 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentists; practice of dentistry; definition 450 Dentists and dental hygienists; Georgia Board of Dentistry; continuing education programs 350

Page CXLIV

Fire sprinklers; installation; contractors; licenses 1317 Geologists; qualifications; certification in a specialty; seals 1130 Georgia Real Estate Appraisers Board; members; terms; roster of appraisers 266 Health care providers; certain advertisements; prohibited Vetoed HB 774 Hearing aid dealers; State Board of Hearing Aid Dealers; membership; licenses; examinations; reciprocity 401 Land surveyors; land surveying; definition 1133 Occupational therapists; definitions; licensing; permits; physical agent modalities; fine; renewals 379 Pharmacists; mail-order pharmaceutical distributors 1901 Private detectives and private security businesses; licenses; qualifications; suspensions; exceptions 1027 Professional engineers and land surveyors; land surveying; definition 1133 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Psychologists; scope of practice 1059 Real estate appraisers; definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 State Water Well Standards Advisory Council; termination date 432 Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784 Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Veterinary medicine; practice includes certain dental procedures 375 Water and Wastewater Treatment Plant Operators and Laboratory Analysts; definitions; certification; reciprocity 954 Water well contractors and trainees; license; bonds; irrevocable letters of credit 963 PROMPT PAYMENT ACT State government; prompt payment of bills; interest Vetoed HB 450 PROPERTY Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Ad valorem taxes; county board of tax assessors; additional duties; appeals 664 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953

Page CXLV

Auctioneers education, research, and recovery fund; creation; purposes 801 Breach of restrictive covenants; statute of limitations; building set-back lines 665 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Conservation use property; residential 1903 Controlled substances; forfeitures; property used in illegal drug transactions 886 Covenants running with the land; continuation; increase prohibited 334 Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 Dispossessory proceedings; summons; magistrate court; clerk 968 Environmental Policy Act; definitions; purposes 1728 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 993 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Building Authority; real property; railroad operations 970 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Trust Act; revision and reenactment 810 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Land surveying; definition 1133 Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Magistrate courts; clerks; dispossessory proceedings; summons 968 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Municipal corporations; population greater than 300,000; contracts; easements 796 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Personal; custody; law enforcement agencies; return or disposition 944 Personal property; damage or theft; liquidated exemplary damages 1126 Real estate appraisers; definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 Real Estate Appraisers Board; members; terms; roster of appraisers 266 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642

Page CXLVI

Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm or drainage system, buildings, or facilities prohibited 1002 Security deposits; liability for rent of military personnel 360 Superior courts; clerks; fees; Land Registration Law 1324 Superior courts; clerks; fees; registration of liens for federal taxes 1324 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Year's support; amount; burden of proof; application 948 PROSECUTING ATTORNEYS' COUNCIL Administrative or clerical personnel; compensation 1781 PSYCHOLOGISTS Licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Mental health; patients; records; examination; treatment; privileged communications; liability 1059 PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 PUBLIC INDECENCY Penalty 966 PUBLIC OFFICERS AND EMPLOYEES Abuse of governmental office; definition; bribery; public officials and employees 1749 Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Attorney General; assistance; overview committees; Aviation Hall of Fame 1773 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Deceased indigent persons; interment; county funding 431 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Elections; write-in candidates; designation of office sought 631

Page CXLVII

Emergency management rescue specialists; killed or disabled; indemnification; definition 1312 Environmental Policy Act; definitions; purposes 1728 General Assembly; reimbursable expense allowance of members; documentation 1363 General Assembly; members; oath of office; state court judges 746 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Georgia Municipal Training Institute; training for city clerks Vetoed HB 287 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 Indemnification; law enforcement personnel; applications; time for filing 771 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Local governments; reimbursement; defense; criminal acts 1821 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Polling places; summaries; constitutional amendments 999 Probation; community service programs; use for private gain 1302 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Sexual assault; probationer or parolee 1108 State; purchasing; sealed; advertisement; liability of official violating Act 1380 State government; purchasing; funds 606 PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Bills to offset the taxation of benefits 356 Certification of all retirement bills by state auditor; conversion by committee of fiscal bills to nonfiscal bills 353 Health care benefits costs; prefunding; exception 685 PUBLIC SERVICE COMMISSION Electric utilities; integrated resource planning; supervision 1696 Gas utilities; rates; accounting method 1705 Indemnification; law enforcement personnel; applications; time for filing 771 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page CXLVIII

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Bus shelters; erected; public roads; advertisement 1861 Code revision 94 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Electric utilities; integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Fair Business Practices Act of 1975; cease and desist order; telephone service carrier; billings; liability; 900 or 976 numbers 1346 Gas; rates; accounting methods 1705 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Public Service Commission; law enforcement personnel; indemnification 771 Public transit vehicle or station; crimes against the person; penalties 971 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 Superior courts; clerks; fees; Rural Telephone Cooperative Act 1324 Volunteer transportation services; immunity 1585 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 PUBLIC WORKS PROJECTS Municipalities of 350,000 or more; population requirement 307 Municipalities of 400,000 or more; Act repealed 307 PULASKI COUNTY Board of education; consolidation and restatement of law; members; nonpartisan election; qualifications; vacancies; election dates; referendum 4175 PURCHASING State; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State; procedures; revise reference to Employment Security Law 139 State; recycled paper products; funds 606 State; sealed bids; advertisement; liability of official violating Act 1380 PUTNAM COUNTY Hospital Authority of Putnam County; members; appointment; terms 3998 Magistrate court; additional magistrate; appointment; term; compensation 4668 Q QUALITY BASIC EDUCATION ACT Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825

Page CXLIX

High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Instruments, procedures, and policies to assess effectiveness of programs; types of assessments 1543 School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 Testing 1543 R RABUN COUNTY School district; superintendent; appointment; referendum 4555 Superior court; clerk; compensation Vetoed HB 759 RADIATION CONTROL Department of Human Resources; violations by agencies under the department; investigations and examinations 341 RADIATION STERILIZATION SERVICES Bond 1411 RADIOS Citizens band radio operators; special license plates; provisions repealed 373 Motor vehicles; audible at 100 feet or more; penalty 417 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 RAILROAD CROSSINGS Stopping; vehicles carrying hazardous substances 1004 RAILROADS Crossings; stopping; vehicles carrying hazardous substances 1004 Georgia Building Authority; real property; railroad operations 970 RAYMOND G. DAVIS MEDAL OF HONOR HIGHWAY Raymond G. Davis Medal of Honor Highway; designated 1286 REAL ESTATE Ad valorem taxation; conservation use property; residential transitional property 1903 Covenants running with the land; continuation; increase prohibited 334 Dispossessory procedures; magistrate court; clerks; issuance of summons 968 Restrictive covenants; breach; statute of limitations; building set-back lines 665

Page CL

REAL ESTATE APPRAISERS Definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 REAL ESTATE APPRAISERS BOARD Members; terms; roster of appraisers 266 REAL ESTATE BROKERS Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 REAL ESTATE SALESPERSONS Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 RECORDS Access; Department of Human Resources 1059 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Business records; destruction after three years 1638 Child abuse reports; access; reclassification of child abuse cases 1320 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Motor vehicle accident records of the Department of Public Safety 1870 Nonerasable optical image reproduction; evidence; admissibility 787 Peer review organization; definition; inspection of records 1016 Vital records; certification and registration 669 Vital records not open to public inspection 1943 RECREATION Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784 RECREATIONAL AREAS Parking; permits; fees; intent 1007 RECYCLED PAPER State government; purchasing; funds 606

Page CLI

RELIGION Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 REPORTS Annual reports of public officials and agencies to the General Assembly; method of providing 1125 RESIDENT Motor vehicles; registration and licensing; defined 327 RESIDENTIAL TRANSITIONAL PROPERTY Ad valorem taxation; appraisal, valuation, and assessment 1903 RESTITUTION Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 RESTRICTIVE COVENANTS Breach; statute of limitations; building set-back lines 665 Covenants running with the land; continuation; increase prohibited 334 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Check dishonor fees; bad checks 1299 RETIREMENT AND PENSIONS Boards of trustees of public retirement systems; authority to increase benefits to present and future retirees 605 Code revision 130 Employees' Retirement System of Georgia; board of trustees; membership 274 Employees' Retirement System of Georgia; employer contribution rates; Department of Public Safety; Department of Natural Resources; Department of Revenue 358 Employees' Retirement System of Georgia; employer contributions on behalf of members in the armed forces; pension accumulation fund 1297 Employees' Retirement System of Georgia; Supreme Court Justices; Court of Appeals Judges; mandatory retirement; exceptions Vetoed SB 153 Georgia Firemen's Pension Fund; membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 GeorgiaNet Authority; members 425 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Peace Officers' Annuity and Benefit Fund; correction of records and payments 786

Page CLII

Pooling of funds for investment by retirement systems created by general law 994 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public Retirement Systems Standards Law; bills to offset the taxation of benefits 356 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685 Public Retirement Systems Standards Law; retirement bills; certification by state auditor; conversion of fiscal bills to nonfiscal bills by committee 353 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State Employees' Assurance Department; membership 274 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 Superior Court Judges Retirement System; postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Teachers Retirement System of Georgia; board of trustees; membership 274 Teachers Retirement System of Georgia; certified professional personnel redefined 1546 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Teachers Retirement System of Georgia; members; optional plan; board of regents; contributions 614 Trial Judges and Solicitors Retirement Fund; judges; mandatory retirement Vetoed HB 478 RETIREMENT HOMES Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 REVENUE AND TAXATION Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Ad valorem taxes; assessments; appeals; notices 1110 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Ad valorem taxes; county board of tax assessors; additional duties; appeals 664 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; delinquent payments; municipal population; 350,000 or more 303 Ad valorem taxes; equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801

Page CLIII

Ad valorem taxes; real estate transfer tax form; filing as a return of property for ad valorem taxes 1110 Ad valorem taxes; tax returns; opening and closing books 6 Ad valorem taxes; unpaid taxes; final settlements 668 Boards of trustees of public retirement systems; authority to increase benefits to present and future retirees 605 Business records; destruction after three years 1638 Code revision 94 Confidential information; municipal population; 350,000 or more 303 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County tax officials; vacancy in office; special election; procedures 365 Definitions; revise reference to Employment Security Law; 139 Delinquent payments; ad valorem taxes; municipal populations; 350,000 or more 303 Delinquent state taxes; state revenue commissioner; garnishment procedures 713 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Georgia Trust Act; revision and reenactment 810 House, auto, and boat trailers; annual license fees 434 Income tax returns; municipal population; 350,000 or more 303 Income taxes; corporations; time of payment 368 Income taxes; credits; employers providing basic skills education to employees 1709 Income taxes; employer; monthly and quarterly returns; adjustments; penalties 739 Income taxes; Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 Income taxes; tax credits; sales and use tax exemption on food repealed 87 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 License plates; citizens band radio operators; provisions repealed 373 License plates; prestige plates; retired veterans; armed forces 1036 Motor fuel taxes; public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Motor vehicles; registration; resident; definition 327 Payment of state taxes or license fees; check or money order; dishonor; penalty 715 Public Retirement Systems Standards Law; bills to offset the taxation of retirement benefits 356 Review; ad valorem taxes; municipal population; 350,000 or more 303 Sales and use taxes; food; exemption repealed; income tax credits 87 State revenue commissioner; appeals; surety bond 716 Stolen license plates; reporting; Georgia Crime Information Center 723 REVENUE BOND LAW Maximum interest rates; principal and interest payments 1103

Page CLIV

REVOLVING ACCOUNTS Delinquency charges; limits 913 RICHMOND COUNTY Board of health; conveyance of state property 1184 County officers; compensation 4419 Easement across state property 1207 RINZLER, STANLEY Exchange of property for state property in Fulton County 1271 RIVERDALE, CITY OF Corporate limits 4638 Ward boundaries 4956 RIVERS Comprehensive assessment; assistance of United States Department of Interior urged 1745 Corridors; Department of Natural Resources; duties 1719 ROCKDALE COUNTY Board of commissioners; personnel rules and regulations 4822 Board of commissioners; records; minutes 4809 Conyers-Rockdale Amateur Athletic Authority; creation 4236 Rockdale Judicial Circuit; superior court; additional judge 276 ROCKDALE JUDICIAL CIRCUIT Additional superior court judge 276 ROGER E. JAMES BRIDGE Designated 1294 ROME, CITY OF Rome-Floyd County Commission on Children and Youth; members 3737 ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH Members 3737 ROSWELL, CITY OF Corporate limits 3526 Millage rates 3506

Page CLV

RURAL FACILITIES ECONOMIC DEVELOPMENT ACT Definitions; committees; plans; funds; oversight; economic and civic development 1712 S SAFETY FIRE COMMISSIONER Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 SALES Leased livestock; purchasers; notice; ownership interest 752 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 SALES AND USE TAXES Food; exemption repealed 87 SAMUEL THOMAS COFER BUILDING Designated 1236 SAVANNAH, CITY OF Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Employees' Retirement Plan 4839 Lease of state property 1189 Mayor and aldermen; residency requirements 3726 SCHOOL BUS DRIVERS Driving under the influence; penalties 1140 Salary Vetoed HB 557 SCREVEN COUNTY Board of commissioners; compensation 3699 SECRETARY OF STATE Charitable organizations; filing of financial statements 789 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687

Page CLVI

SECRETARY OF THE SENATE Succession to office 622 SECURITIES Bonds; investment of proceeds 338 SENATE Reimbursable expense allowance of members; documentation 1363 Secretary; succession to office 622 SENATE COMMITTEE ON ECONOMIC DEVELOPMENT Aviation Hall of Fame; overview committee 1773 SERVICE CHARGES Athletic events; tickets Vetoed HB 480 SERVICE DOGS Physically disabled persons; use of dog; identification 616 SERVICE OF PROCESS Citizens 18 years of age; court appointed permanent process servers 626 Unauthorized insurers; Commissioner of Insurance 1090 SEXUAL ASSAULT Probationer or parolee 1108 SHELLFISH Regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 SHERIFFS Fees; civil and criminal cases; effect on local or special laws 1166 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352

Page CLVII

SHERIFFS' RETIREMENT FUND OF GEORGIA Fees in civil actions 753 SMYRNA, CITY OF Corporate limits 4621 Homestead exemption; referendum 4693 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 SOCIAL SERVICES Child abuse reports; access; reclassification of child abuse cases 1320 Child welfare agencies; approval and inspection of family boarding homes, foster family homes, and family day-care homes 408 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Georgia Child Care Council; creation; composition; director; funding 1648 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Volunteer transportation services; immunity 1585 SOLICITORS Military service; eligibility for reelection; fines 135 SOLID WASTE Handling facilities; permits; modifications; classifications; conditions and requirements 462 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Early County 1257 Easement across state property in Monroe County 1262 Easement across state property in Troup County 1243 SPALDING COUNTY Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Griffin-Spalding County Personal Care Health Board; creation 4609 Homestead exemption; annual proof of eligibility 4514

Page CLVIII

SPARTA, CITY OF New charter 4000 Sparta-Hancock Public Facilities Authority; creation 4394 SPARTA-HANCOCK PUBLIC FACILITIES AUTHORITY Creation 4394 SPECIAL ENTERTAINMENT DISTRICTS Sunday sales of wine by farm wineries 1164 SPORTS Events; tickets; service charge Vetoed HB 480 Georgia State Games Commission; members; terms; compensation; sites 1590 Girls and Women in Sports Day; designation 788 STANLEY RINZLER Exchange of property for state property in Fulton County 1271 STATE ARBORETUM OF GEORGIA Designated 1287 STATE AUDITOR Assistance; overview committees; Aviation Hall of Fame 1773 Certification of all retirement bills 353 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 STATE BOARD OF EDUCATION Certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Delegation of certain powers to State School Superintendent 1630 Local school district; bonded indebtedness; notification; payment 1579 STATE BOARD OF HEARING AID DEALERS Membership; licenses; examinations; reciprocity 401 STATE BOARD OF OCCUPATIONAL THERAPISTS Licensing; permits; physical agent modalities; fine; renewals 379

Page CLIX

STATE BOARD OF RECREATION EXAMINERS Therapeutic recreation personnel; regulation 1784 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Policy; reduction in force 691 STATE COURTS Bailable offenses; judicial officer; family violence 1401 General Assembly; members; oath of office; judges 746 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Judges; mandatory retirement Vetoed HB 478 Personal property; custody; law enforcement agencies; return or disposition 944 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Solicitors; military service; eligibility for reelection; fines 135 STATE ELECTION BOARD Compelling compliance with election laws, rules, and regulations 608 STATE EMPLOYEES' ASSURANCE DEPARTMENT Board of directors; membership 274 STATE FLAGS Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 STATE GAMES Georgia State Games Commission; members; terms; compensation; sites 1590 STATE GOVERNMENT Abuse of governmental office; definition; bribery; public officials and employees 1749 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Appropriations; Department of Labor; supplemental for S.F.Y. 1991-1991 263 Appropriations; S.F.Y. 1991-1992 1944 Appropriations; supplemental for S.F.Y. 1990-1991 1 Appropriations; supplemental for S.F.Y. 1990-1991 1936 Appropriations; supplemental for S.F.Y. 1990-1991 7 Blue retroreflective raised pavement markers; unofficial installation prohibited 943

Page CLX

Business records required by state law; destruction after three years; definitions 1638 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Code revision 94 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and regional libraries; boards of trustees; members 982 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Environmental Policy Act; definitions; purposes 1728 Escape; use of deadly force to prevent; peace officers; agencies 624 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Geo. L. Smith II Georgia World Congress Center Authority; additional members; terms 1686 Georgia Aviation Hall of Fame Board; overview committees; powers and duties; funds 1773 Georgia Building Authority; real property; railroad operations 970 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished 1653 Georgia State Games Commission; members; terms; compensation; sites 1590 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Health planning; definitions; exemptions; certificate of need; fines 1871 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Indigent Care Trust Fund; contributions 388 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 James Earl Carter, Jr. Tribute Commission; creation 1694 Lake Lanier Islands Development Authority; additional members; terms 1692 Local governments; reimbursement; defense; criminal acts 1821 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Personal property; custody; law enforcement agencies; return or disposition 944 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687 Prompt payment of bills; interest Vetoed HB 450 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685

Page CLXI

Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Recall Act of 1989; legal sufficiency; hearing; superior court Vetoed SB 382 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State purchasing; recycled paper products; funds 606 State purchasing; sealed bids; advertisement; liability of official violating Act 1380 State purchasing procedures; revise reference to Employment Security Law 139 Steve Polk Plaza; designated 1229 Stone Mountain Memorial Association; additional members; terms 1690 Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 Vital records not open to inspection; confidential 1943 STATE HEALTH PLANNING AGENCY Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 STATE LOTTERY Proposed constitutional amendment 2035 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 STATE PATROL Educational requirements; State Patrol Disciplinary Board; composition 1375 STATE REVENUE COMMISSIONER Appeals; surety bond 716 Garnishment procedures; delinquent state taxes 713 Payment of state taxes or license fees; check or money order; dishonor; penalty 715 STATE SCHOOL SUPERINTENDENT Certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Georgia Child Care Council; member 1648 Succession to certain powers under State Board of Education 1630

Page CLXII

STATE STRUCTURAL PEST CONTROL COMMISSION Licenses; research fees; Division of Entomology of the University of Georgia 1423 STATE TOLLWAY AUTHORITY Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 STATE WATER WELL STANDARDS ADVISORY COUNCIL Termination date 432 STATES Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 STATUTE OF LIMITATIONS Restrictive covenants; breach; building set-back lines 665 Workers' compensation; asbestos; filing of claim; time period 1586 STEPHENS COUNTY Magistrate court; chief magistrate; nonpartisan elections 3556 STEREOS Motor vehicles; audible at 100 feet or more; penalty 417 STEVE POLK PLAZA Designated 1229 STOCKBRIDGE, CITY OF New charter 4359 STONE MOUNTAIN MEMORIAL ASSOCIATION Additional members; terms 1690 STRUCTURAL PEST CONTROL COMMISSION Licenses; research fees; Division of Entomology of the University of Georgia 1423

Page CLXIII

SUGAR HILL, CITY OF Corporate limits 4696 Homestead exemption; exception; terms and conditions; procedures; applicability; referendum 4675 SUMTER COUNTY Community improvement districts 3592 Treasurer; elected office abolished 3588 SUNDAY Sunday sales of wine by farm wineries 1164 SUPERIOR COURT JUDGES Election cases; powers, duties, and procedures 608 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 SUPERIOR COURTS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; additional judge 278 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Blue Ridge Judicial Circuit; additional judge 280 Clerk; chief deputy clerk; interim service as clerk; limitation 364 Clerks; fees 1324 District attorneys; military service; eligibility for reelection; fines 135 Eastern Judicial Circuit; additional judge 288 Forfeiture; illegal hunting of deer at night; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Gwinnett Judicial Circuit; additional judge 280 Homicide; one year and a day rule; eliminated 719 Judges; election cases; powers, duties, and procedures 608 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Personal property; custody; law enforcement agencies; return or disposition 944 Probation shortening; notice and hearing 310

Page CLXIV

Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Recall Act of 1989; legal sufficiency; hearing Vetoed SB 382 Rockdale Judicial Circuit; additional judge 276 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State revenue commissioner; appeals; surety bond 716 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 Superior Court Judges Retirement System; postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 SUPREME COURT OF GEORGIA Bill of costs; appeals 411 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Justices; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Motion for a rehearing changed to motion for reconsideration 430 SURETY BONDS Agricultural products; dealers; dairy products; exception 1053 Cash bonds; unclaimed; disposition by counties 749 Check cashers; licensed 720 Public works contracts; forfeiture; form 777 Water well contractors and trainees 963 SURVEILLANCE Persons; exemptions 1040 SURVEYING Land surveying; definition 1133 SWINE MYCOBACTERIOSIS Practices and procedures; injunctions; bonds 361 T TAILORS Liens; laundries, cleaners, dyers, and similar establishments; alternative satisfaction; disposal of property 1137

Page CLXV

TALLAPOOSA, CITY OF City manager; tenure; removal 3646 TALLAPOOSA JUDICIAL CIRCUIT Additional assistant district attorney 4750 Judges; district attorney; supplemental expense allowance 4167 Terms of court; beginning of terms 372 TANNING FACILITIES Definitions; warning signs; equipment and maintenance requirement; protective gear; records; civil actions; variances 1411 TATTNALL COUNTY Easement across state property 1207 TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS Vacancy in office; special election; procedures 365 TAYLOR COUNTY Board of commissioners; members; chairman; compensation 4485 TEACHERS Duty-free lunch periods 1630 TEACHERS RETIREMENT SYSTEM OF GEORGIA Board of trustees; membership 274 Certified professional personnel redefined 1546 Employer contributions; ordered military service 996 Members; optional plan; board of regents; contributions 614 TELEPHONE SERVICE Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 TELEPHONE SERVICE CARRIERS Fair Business Practices Act of 1975; cease and desist order; telephone service carrier; billings; liability; 900 or 976 numbers 1346 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page CLXVI

TELEPHONES Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 TELEVISION Closed circuit television testimony by children who are victims of crime 1377 THE ZELL MILLER MOUNTAIN PARKWAY Designated 2026 THEFT Personal property; damage or theft; liquidated exemplary damages 1126 THEOLOGY Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 THERAPEUTIC RECREATION PERSONNEL Licenses and certification 1784 THOMASON, MR. JAMES Compensation 1176 THOMSON, CITY OF Conveyance of state property 1273 THOMPSON MILLS FOREST OF THE UNIVERSITY OF GEORGIA State Arboretum of Georgia; designated 1287 TICKETS Athletic events; service charge Vetoed HB 480 TIFT COUNTY Board of commissioners; chairman; compensation; purchasing agent 3636 TIMBER Ad valorem taxation; appraisal, valuation, and assessment 1903

Page CLXVII

TISSUE BANKS Inclusion within definition of clinical laboratories 349 TOBACCO Certified public weighers; surety bond requirement repealed; reference removed 323 TOCCOA, CITY OF Corporate limits 4270 TOILETS Shower heads and faucets; requirements; effective date; sale of certain toilets prohibited 987 TORTS Equine activities; immunity from liability; definitions; exceptions; notice 680 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Interest on unliquidated damages 1394 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Personal property; damage or theft; liquidated exemplary damages 1126 Psychologists; treatment; liability 1059 Stolen motor vehicles and parts 1805 Volunteer transportation services; immunity 1585 TOURISM Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 TRACTORS Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 TRADE SECRETS Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045

Page CLXVIII

TRAILERS Annual license fees 434 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Judges; mandatory retirement Vetoed HB 478 TROUP COUNTY Board of elections and registration abolished 3623 TRUSTS Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123 Georgia Trust Act; revision and reorganization of laws relating to trusts 810 TYBEE ISLAND, CITY OF Mayor and council; elections; terms 3554 U UNDERGROUND STORAGE TANKS Environmental assurance fees; amount 1421 UNEMPLOYMENT COMPENSATION FUND Benefits; employer layoffs; claims; computation 139 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Assistant district attorneys; definitions; appointment; child support recovery 744 UNIFORM RULES OF THE ROAD Application; privately owned residential areas; circumstances 1000 UNION CITY, CITY OF Millage rates 3506 UNION COUNTY Coosa Water Authority; boundaries 4155 Notla Water Authority; boundaries 4158

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UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Guardians of beneficiaries; compensation 1019 UNITED STATES FLAG Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 UNIVERSITY OF GEORGIA State Arboretum of Georgia; designated 1287 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 UNLIQUIDATED DAMAGES Interest on unliquidated damages 1394 URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES Municipality; definition; population of 350,000 or more 989 USED CAR DEALERS Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 USED CAR DEALERS' REGISTRATION ACT Leasing and rental companies; exemption; pawnbrokers; exemption; antique automobile dealers; exemption 983 UTILITIES Electric; integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 Gas; rates; accounting methods 1705 UTILITY CONTRACTORS Fire sprinkler; installation 1317 V VETERINARY MEDICINE Practice; includes certain dental procedures 375

Page CLXX

VETERANS Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 VETERANS SERVICE BOARD Approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 VITAL RECORDS Birth and death certificates; adoptions; disposition of dead body or fetus; county treasurers 669 Not open to inspection; confidential 1943 VOCATIONAL EDUCATION Income taxes; credits; employers providing basic skills education to employees 1709 State Board of Technical and Adult Education; policy; reduction in force 691 W WALKER COUNTY Probate court; judge; personnel; compensation 4430 Superior court; clerk; personnel; compensation 4434 Tax commissioner; personnel; compensation 4432 Walker County Water and Sewer Utility Authority; creation 3796 WALKER COUNTY WATER AND SEWER UTILITY AUTHORITY Creation 3796 WALTON COUNTY Magistrate court; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 WARNER ROBINS, CITY OF Corporate limits 4467 Warner Robins Building Authority; creation 3511 WARNER ROBINS BUILDING AUTHORITY Creation 3511

Page CLXXI

WARWICK, CITY OF Mayor and council; terms; elections 4113 WASHINGTON COUNTY Board of education; reconstitution; members terms; elections; districts; chairman; qualifications; vacancies; compensation; superintendent; term; appointment; contract; removal; referendum 3759 Easement across state property 1207 WASTE MANAGEMENT Combined sewer overflows; owners and operators; plans to eliminate or treat overflow 1386 Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Water and waste-water treatment plant operators and laboratory analysts; definitions; certification; reciprocity 954 WATER AND WASTE-WATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS Definitions; certification; reciprocity 954 WATER POLLUTION AND WASTE Combined sewer overflows; owners and operators; plans to eliminate or treat overflow 1386 WATER RESOURCE CONSERVATION MANAGEMENT STUDY COMMITTEE Creation 1238 WATER WELL CONTRACTORS AND TRAINEES License; bonds; irrevocable letters of credit 963 WATER WELLS Contractors and trainees; license; bonds; irrevocable letters of credit 963 State Water Well Standards Advisory Council; termination date 432 WATERS OF THE STATE, PORTS, AND WATERCRAFT Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Environmental Policy Act; definitions; purposes 1728 Phosphorus; limits for discharged waste water; Chattahoochee River 1042 River corridors; protection; Department of Natural Resources; duties 1719

Page CLXXII

Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 WAYCROSS, CITY OF Downtown Waycross Development Authority; members; appointment; election; terms; tax collection 3792 WAYNE COUNTY Board of education; easement on state property in Wayne County 1277 WEBSTER COUNTY Board of commissioners; creation 3559 WEIGHTS AND MEASURES Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 WELCOME CENTERS Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 WETLANDS CONSERVATION STUDY COMMITTEE Creation 1173 WHITE COUNTY Magistrate court; chief magistrate; nonpartisan nomination and election 3925 WHITFIELD COUNTY Board of education; terms; referendum 3638 Easement on state property for Abutment Road 1250 Magistrate court; magistrate; full-time; election 4550 WILCOX COUNTY Easement across state property 1207 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123

Page CLXXIII

Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians ad litem; lost wills; letters of administration; probate courts; clerks; counties of 100,000 or more 394 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Nonerasable optical image reproduction; evidence; admissibility 787 Year's support; amount; burden of proof; application 948 WILMA G. HARGUS Compensation 1198 WINE Sunday sales of wine by farm wineries 1164 WIRETAPPING Persons; exemptions 1040 WITNESSES Civil practice; application for continuance 376 Law enforcement officers; fees 773 WOODY GLENN HIGHWAY Designated 1240 WORK RELEASE PROGRAMS County inmates; definitions; assignment; revocation; eligibility; costs 1352 WORKERS' COMPENSATION Asbestos; filing of claim; time period 1586 Certain owner-operators of equipment deemed independent contractors 1850 Claims; filed upon receipt or upon mailing by certified or registered mail 359 Department of Natural Resources; volunteer services; expenses; insurance; bonds Vetoed SB 272 Group self-insurance fund; county; definition 947 Group self-insurance fund; municipal independent school systems 369 Joint Workers' Compensation Task Force; creation 1747 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 State Board of Workers' Compensation; senior administrative law judge; created 405 Volunteers; certain persons covered 677

Page CLXXIV

WORKS OF FINE ART Fine art; duplication by printers; forms; penalties; civil liability 1161 X Y YEAR AND A DAY RULE Homicides; elimination 719 YEAR'S SUPPORT Amount; additional years; burden of proof; application 948 YOUNG HARRIS, CITY OF Corporate limits 4747 YOUNGBLOOD, GARVIS Conveyance of state property 1282 Z ZELL MILLER MOUNTAIN PARKWAY Designated 2026 ZONING Conflicts of interest; officials 1365

Page CLXXV

POPULATION POPULATION OF GEORGIA COUNTIES County 1990 1980 1970 1960 1950 1940 1930 Appling 15,744 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,213 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,566 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,615 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 39,530 34,686 34,240 34,064 29,706 24,190 22,878 Banks 10,308 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 29,721 21,354 16,859 14,485 13,115 13,064 12,401 Bartow 55,911 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,245 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 14,153 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 149,967 150,256 143,366 141,249 114,079 83,783 77,042 Bleckley 10,430 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 11,077 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,398 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 15,438 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 43,125 35,785 31,585 24,263 24,740 26,010 26,509 Burke 20,579 19,349 18,255 20,596 23,458 26,520 29,224 Butts 15,326 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,013 5,717 6,606 7,341 8,578 10,438 10,576 Camden 30,167 13,371 11,334 9,975 7,322 5,910 6,338 Campbell ..... ..... ..... ..... ..... ..... 9,903 Candler 7,744 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 71,422 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 42,464 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 8,496 7,343 5,680 5,313 4,821 5,246 4,381 Chatham 216,935 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 16,934 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 22,242 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 90,204 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 87,594 74,498 65,177 45,363 36,550 28,398 25,613 Clay 3,364 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 182,052 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,160 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 447,745 297,718 196,793 114,174 61,830 38,272 35,408 Coffee 29,592 26,894 22,828 21,953 23,962 21,541 19,739 Colquitt 36,645 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 66,031 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,456 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 53,853 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 8,991 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 20,011 19,489 18,087 17,768 17,663 17,540 17,343 Dade 13,147 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 9,429 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,511 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 545,837 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 17,607 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 9,901 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 96,311 100,710 89,639 75,680 43,617 28,565 22,306 Douglas 71,120 54,573 28,659 16,741 12,173 10,053 9,461 Early 11,854 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,334 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 25,687 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,949 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,546 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,724 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 15,992 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 62,415 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 81,251 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 44,083 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 16,650 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 648,951 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 13,368 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,357 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 62,496 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 35,072 30,070 23,570 19,228 18,922 18,445 16,846 Grady 20,279 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,793 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 352,910 166,808 72,349 43,541 32,320 29,087 27,853 Habersham 27,621 25,020 20,691 18,116 16,553 14,771 12,748 Hall 95,428 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 8,908 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 21,966 18,422 15,927 14,543 14,663 14,377 13,263 Harris 17,788 15,464 11,520 11,167 11,265 11,428 11,140 Hart 19,712 18,585 15,814 15,229 14,495 15,512 15,174 Heard 8,628 6,520 5,354 5,333 6,975 8,610 9,102 Henry 58,741 36,309 23,724 17,619 15,857 15,119 15,924 Houston 89,208 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,649 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 30,005 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 8,453 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 12,032 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 17,408 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,247 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,329 8,660 7,727 8,048 9,893 12,953 12,681 Jones 20,739 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 13,038 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,531 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 39,988 36,990 32,738 32,313 33,123 33,606 32,693 Lee 16,250 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 52,745 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 7,442 6,716 5,895 5,906 6,462 7,042 7,847 Long 6,202 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 75,981 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 14,573 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 20,119 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,634 8,046 7,371 6,364 6,008 5,292 5,763 Macon 13,114 14,003 12,933 13,170 14,213 15,947 16,643 Madison 21,050 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,590 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 22,411 21,229 19,461 19,756 21,055 22,055 22,437 Miller 6,280 7,038 6,424 6,908 9,023 9,998 9,076 Milton ..... ..... ..... ..... ..... ..... 6,730 Mitchell 20,275 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 17,113 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,163 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 12,883 11,572 9,904 10,280 11,899 12,713 12,488 Murray 26,147 19,685 12,986 10,447 10,676 11,137 9,215 Muscogee 179,278 170,108 167,377 158,623 118,028 75,494 57,558 Newton 41,808 34,666 26,282 20,999 20,185 18,576 17,290 Oconee 17,618 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 9,763 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 41,611 26,110 17,520 13,101 11,752 12,832 12,327 Peach 21,189 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 14,432 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 13,328 11,897 9,281 9,678 11,112 11,800 12,522 Pike 10,224 8,937 7,316 7,138 8,459 10,375 10,853 Polk 33,815 32,382 29,656 28,015 30,976 28,467 25,141 Pulaski 8,108 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 14,137 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,209 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 11,648 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 8,023 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 189,719 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 54,091 36,570 18,152 10,572 8,464 7,724 7,247 Schley 3,588 3,433 3,097 3,256 4,036 5,033 5,347 Screven 13,842 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,010 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 54,457 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 23,257 21,761 20,331 18,391 16,647 12,972 11,740 Stewart 5,654 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 30,228 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,524 6,536 6,625 7,127 7,687 8,141 8,458 Taliaferro 1,915 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 17,722 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,642 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,000 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 10,653 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,986 38,098 34,562 34,319 33,932 31,289 32,612 Tift 34,998 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 24,072 22,592 19,151 16,837 17,382 16,952 17,165 Towns 6,754 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 5,994 6,087 5,647 5,874 6,522 7,632 7,488 Troup 55,536 50,003 44,466 47,189 49,841 43,879 36,752 Turner 8,703 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,806 9,354 8,222 7,935 8,308 9,117 8,372 Union 11,993 9,390 6,811 6,510 7,318 7,680 6,340 Upson 26,300 25,998 23,505 23,800 25,078 25,064 19,509 Walker 58,340 56,470 50,691 45,264 38,198 31,024 26,206 Walton 38,586 31,211 23,404 20,481 20,230 20,777 21,118 Ware 35,471 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,078 6,583 6,669 7,360 8,779 10,236 11,181 Washington 19,112 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 22,356 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,263 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 4,903 5,155 4,596 5,342 6,712 8,536 9,149 White 13,006 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 72,462 65,775 55,108 42,109 34,432 26,105 20,808 Wilcox 7,008 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,597 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,228 10,368 9,393 9,250 9,781 11,025 10,844 Worth 19,745 18,064 14,770 16,682 19,357 21,374 21,094 Total 6,478,216 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 Note : The 1990 population counts set forth herein are subject to possible correction for undercount or overcount. The U.S. Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.

Page CLXXXI

POPULATION NUMERICALLY LISTED ACCORDING TO 1990 CENSUS County Population Fulton 648,951 DeKalb 545,837 Cobb 447,745 Gwinnett 352,910 Chatham 216,935 Richmond 189,719 Clayton 182,052 Muscogee 179,278 Bibb 149,967 Dougherty 96,311 Hall 95,428 Cherokee 90,204 Houston 89,208 Clarke 87,594 Floyd 81,251 Lowndes 75,981 Whitfield 72,462 Carroll 71,422 Douglas 71,120 Columbia 66,031 Glynn 62,496 Fayette 62,415 Henry 58,741 Walker 58,340 Bartow 55,911 Troup 55,536 Spalding 54,457 Rockdale 54,091 Coweta 53,853 Liberty 52,745 Forsyth 44,083 Bulloch 43,125 Catoosa 42,464 Newton 41,808 Paulding 41,611 Laurens 39,988 Baldwin 39,530 Thomas 38,986 Walton 38,586 Colquitt 36,645 Ware 35,471 Gordon 35,072 Tift 34,998 Polk 33,815 Sumter 30,228 Camden 30,167 Jackson 30,005 Barrow 29,721 Coffee 29,592 Habersham 27,621 Upson 26,300 Murray 26,147 Effingham 25,687 Decatur 25,511 Toombs 24,072 Stephens 23,257 Meriwether 22,411 Wayne 22,356 Chattooga 22,242 Haralson 21,966 Peach 21,189 Madison 21,050 Jones 20,739 Burke 20,579 Emanuel 20,546 Grady 20,279 Mitchell 20,275 McDuffie 20,119 Crisp 20,011 Worth 19,745 Hart 19,712 Washington 19,112 Elbert 18,949 Harris 17,788 Tattnall 17,722 Oconee 17,618 Dodge 17,607 Jefferson 17,408 Monroe 17,113 Chattahoochee 16,934 Franklin 16,650 Lee 16,250 Ben Hill 16,245 Fannin 15,992 Appling 15,744 Bryan 15,438 Brooks 15,398 Butts 15,326 Lumpkin 14,573 Pickens 14,432 Berrien 14,153 Putnam 14,137 Screven 13,842 Cook 13,456 Gilmer 13,368 Pierce 13,328 Dade 13,147 Macon 13,114 Lamar 13,038 White 13,006 Morgan 12,883 Jeff Davis 12,032 Union 11,993 Early 11,854 Greene 11,793 Rabun 11,648 Brantley 11,077 Telfair 11,000 Terrell 10,653 Wilkes 10,597 Bleckley 10,430 Banks 10,308 Wilkinson 10,228 Pike 10,224 Dooly 9,901 Twiggs 9,806 Oglethorpe 9,763 Bacon 9,566 Dawson 9,429 Seminole 9,010 Crawford 8,991 Hancock 8,908 Evans 8,724 Turner 8,703 Irwin 8,649 McIntosh 8,634 Heard 8,628 Charlton 8,496 Jasper 8,453 Johnson 8,329 Jenkins 8,247 Pulaski 8,108 Randolph 8,023 Candler 7,744 Taylor 7,642 Lincoln 7,442 Montgomery 7,163 Wilcox 7,008 Towns 6,754 Talbot 6,524 Miller 6,280 Atkinson 6,213 Long 6,202 Clinch 6,160 Warren 6,078 Treutlen 5,994 Stewart 5,654 Marion 5,590 Lanier 5,531 Calhoun 5,013 Wheeler 4,903 Baker 3,615 Schley 3,588 Clay 3,364 Glascock 2,357 Echols 2,334 Webster 2,263 Quitman 2,209 Taliaferro 1,915 Total 6,478,216 Note : The population counts set forth herein are subject to possible correction for undercount or overcount. The U.S. Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.

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MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31 52 Ben Hill 13 Berrien 7 Bibb 18, 26 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29 30 Catoosa 53 54 Charlton 6 Chatham 1, 2 3 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

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 District Senator Address 23 Frank A. Albert Post Office Box 1461, Augusta 30903 2 Roy Allen 1406 Law Drive, Savannah 31401 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 15 Sanford Bishop Post Office Box 709, Columbus 31902 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 46 Paul C. Broun 165 Pulaski Street, Athens 30610 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 37 Charles C. Clay 49 Atlanta Street, 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 1805 Overlook Drive, Suite A, Conyers 30208 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 31 Nathan Dean Post Office Box 606, Rockmart 30153 6 Earl Echols, Jr. Post Office Box 352, Patterson 31557 28 Arthur B. Edge IV 15 Jefferson Street, Newnan 30263 40 Michael J. Egan Room 304B Legislative Office Building Atlanta 30334 21 W. F. English 214 Golf Drive, Swainsboro 30401 50 John C. Foster Post Office Box 100, Cornelia 30531 30 Wayne Garner Post Office Box 2278, 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 51 William G. Hasty, Jr. Route Nine, Hilton Way, Canton 30114 55 Steve Henson 5722 Wells Circle, Stone Mountain 30087 4 Jack Hill Post Office Box 496, Reidsville 30453 14 George Hooks Post Office Box 928, Americus 31709 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 47 C. Donald Johnson, Jr. Post Office Box 27, Royston 30662 25 Culver Kidd Post Office Box 370, Milledgeville 31061 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W., Atlanta 30331 52 Richard O. Marable 76 River Lane, Rome 30161 34 Judy Moye Post Office Box 206, Fayetteville 30214 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 18 Sonny Perdue Post Office Box 98, Bonaire 31005 7 Ed Perry Post Office Box 925, Nashville 31639 9 R. T. Phillips 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 54 Tom Ramsey Post Office Box 1130, Chatsworth 30705 19 Walter S. Ray Post Office Box 295, Douglas 31533 16 Pete Robinson Post Office Box 12, Columbus 31902 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 42 Cathy Steinberg 1841 C. Briarcliff Circle, N.E., Atlanta 30329 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 12 Mark Taylor Post Office Box 1156, Albany 31702 33 Steve Thompson 5264 Seamus Way, Powder Springs 30073 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 22 Charles W. Walker 1402 12th Street, Augusta 30901 43 Eugene P. Walker 2231 Chevy Chase Lane, Decatur 30032 48 Donald L. White 150 Bayswater Drive, Suwanee 30174

Page CLXXXVIII

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1991-1992 District Senator Address 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 2 Roy Allen 1406 Law Drive, Savannah 31401 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 4 Jack Hill Post Office Box 496, Reidsville 30453 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 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 George Hooks Post Office Box 928, Americus 31709 15 Sanford Bishop Post Office Box 709, Columbus 31902 16 Pete Robinson Post Office Box 12, Columbus 31902 17 Mac Collins Post Office Box 3617, Jackson 30233 18 Sonny Perdue Post Office Box 98, Bonaire 31005 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 Charles W. Walker 1402 12th Street, Augusta 30901 23 Frank A. Albert Post Office Box 1461, Augusta 30903 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 25 Culver Kidd Post Office Box 370, Milledgeville 31061 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 28 Arthur B. Edge IV 15 Jefferson Street, Newnan 30263 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 30 Wayne Garner Post Office Box 2278, Carrollton 30117 31 Nathan Dean Post Office Box 606, Rockmart 30153 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30082 33 Steve Thompson 5264 Seamus Way, Powder Springs 30073 34 Judy Moye Post Office Box 206, Fayetteville 30214 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 49 Atlanta Street, 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 Building Atlanta 30334 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 42 Cathy Steinberg 1841 C. Briarcliff Circle, N.E., Atlanta 30329 43 Eugene P. Walker 2231 Chevy Chase Lane, Decatur 30032 44 Terrell Starr Post Office Box 545, Forest Park 30051 45 Harrill L. Dawkins 1805 Overlake Drive, Suite A, Conyers 30208 46 Paul C. Broun 165 Pulaski Street, Athens 30610 47 C. Donald Johnson, Jr. Post Office Box 27, Royston 30662 48 Donald L. White 150 Bayswater Drive, Suwanee 30174 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 50 John C. Foster Post Office Box 100, Cornelia 30531 51 William G. Hasty, Jr. Route Nine, Hilton Way, Canton 30114 52 Richard O. Marable 76 River Lane, Rome 30161 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 54 Tom Ramsey Post Office Box 1130, Chatsworth 30705 55 Steve Henson 5722 Wells Circle, Stone Mountain 30087 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328

Page CXCI

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 153 Atkinson 139 150 Bacon 152 Baker 140 Baldwin 105 107 Banks 11 12 Barrow 64 Bartow 15 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152 153 Brooks 147 Bryan 126 129 Bulloch 110 111 Burke 108 110 Butts 78 Calhoun 131 Camden 151 152 Candler 109 Carroll 69, 70 71 Catoosa 2 3 Charlton 150 151 Chatham 122/128 Chattahoochee 112 130 Chattooga 5 Cherokee 8 10 Clarke 13, 67 68 Clay 131 Clayton 72 Clinch 150 Cobb 20 21 Coffee 139 Colquitt 144 145 Columbia 83 84 Cook 146 Coweta 71, 75, 77 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 CXCIII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 District Representative Address 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 1555 Reagan Circle Conyers 30207 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 140 Ralph J. Balkcom Route One Blakely 31723 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. Post Office Box 915 Bainbridge 31717 12 Michael A. Beatty Route 1, Box 1894 Jefferson 30549 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 104 Kenneth W. Birdsong Route One Gordon 31031 150 Peg Blitch Post Office Box 335 Homerville 31634 122 Tom Bordeaux 126 East Liberty Street Savannah 31401 138 Henry Bostick Post Office Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route Four, Box 5315 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 83 B. Joseph Brush, Jr. 4160 Wheeler Road Martinez 30907 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 72-Post 5 Gail M. Buckner Post Office Box 2374 Forest Park 30051 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 23 Thomas R. Campbell, Jr. 1088 Canton Street Roswell 30075 38 Henrietta M. Canty 487 Lynn Valley Road, S.W. Atlanta 30311 65 Tyrone Carrell Post Office Box 561 Monroe 30655 146 Hanson Carter Post Office Box 711 Nashville 31639 72-Post 4 John M. Chafin Post Office Box 158 Forest Park 30051 133 Tommy Chambless Post Office Box 2008 Albany 31703-2001 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E.M. Childers 28 Surrey Trail Rome 30161 20-Post 4 Eugene T. Clark 1833 Kimberly Drive Marietta 30060 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 13-Post 1 Louie M. Clark Route Two Danielsville 30633 21-Post 2 Lynda Coker Post Office Box 578 Marietta 30061 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 97 Ron Culbreth Post Office Box 4781 Columbus 31904 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 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 Post Office Box 18266 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 2159 Butler 31006 103 Wayne A. Elliott 201 Second Street, Liberty Tower Macon 31298 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 155 Ronald Fennel Post Office Box 2478 Brunswick 31521 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 135 Johnny W. Floyd Post Office Box 5260 Cordele 31015 75 Crisp B. Flynt P.O. Drawer A Griffin 30224 110 John Godbee 401 Lane Street Brooklet 30415 148 Tim Golden 821 West Cranford Avenue Valdosta 31602 63 Bill Goodwin 6260 Indian River Drive Norcross 30092 106 George F. Green 1431 Howard Lewis Road White Plains 30678 130 Gerald E. Greene Route Three, Box 316 Cuthbert 31740 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 20-Post 5 John W. Hammond Post Office Box 548 Marietta 30061 131 Robert Hanner Post Office Box 310 Dawson 31742 96 Jed Harris Post Office Box 8664 Columbus 31908 84 Robert Harris 969 Ginger Hill Road, N.E. Thomson 30824 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 57-Post 2 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 76 Suzi Herbert 110 Partridge Path Griffin 30223 36 Anthony Hightower Post Office Box 87290 College Park 30337 136 Ray Holland Post Office Box 1988 Ashburn 31714 28 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 85 Henry Howard 2047 Martin Luther King Boulevard Augusta 30901 117 Newt Hudson Route One, Box 29A Rochelle 31079 57-Post 1 David B. Irwin Post Office Box 410 Conyers 30207 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 80 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 71 Sidney Jones 15 Atkinson Street Newnan 30263 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 72-Post 3 Glynda B. King 42 Avalon Way Riverdale 30274 125 Jack H. Kingston 29 Island Drive Savannah 31406 21-Post 4 Kip Klein 3966 Jefferson Township Parkway Marietta 30066 44 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 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 30703 49 Thomas E. Lawrence 2283 Stratmore 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 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 6-Post 2 Harold Mann Post Office Box 1927 Dalton 30722 26 Jim Martin 44 Broad Street, Suite 500 Atlanta 30303 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 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 123 John Merritt 3206 College Street Thunderbolt 31404 81 Wade Milam Post Office Box 1361 LaGrange 30241 20-Post 2 Debra Mills Post Office Box 243 Powder Springs 30073 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 62 Emory Morsberger 5351 Lassiter Drive Stone Mountain 30087 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 126 Anne Meuller 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 480D Towncenter 150 East Ponce de Leon Avenue Decatur 30030 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30503 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 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 127 Dorothy P. Pelote Post Office Box 1802 Savannah 31401 5 Tim Perry 379 Park Avenue Trion 30753 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 8-Post 2 Garland F. Pinholster Route Four, Box 170 Ballground 30107 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 988 Ringgold 30736 13-Post 2 Alan T. Powell Post Office Box 248 Hartwell 30643 145 C. J. Powell Post Office Box 2534 Moultrie 31776-2534 129 Ann R. Purcell Route 2, Box 193 Baker Hill Road Rincon 31326 101 William C. Randall Post Office Box 121 Macon 31202 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 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 32 Helen Selman 12525 Jones Ferry Road Palmetto 30268 47 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 70 John Simpson 302-A Newnan Street Carrollton 30117 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 116 Jimmy Skipper Post Office Box 488 Americus 31709 78 Larry Smith Post Office Box 4155 Jackson 30233 16 Paul E. Smith Post Office Box 486 Rome 30162 152 Tommy Smith Route One Alma 31510 156 Willou Smith 10 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 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 94 Maretta M. Taylor Post Office Box 12387 Columbus 31907 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 55 Nadine Thomas 1375 Town Country Drive Atlanta 30316 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 56 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 52 Rita Valenti 600 Northern Avenue, F-301 Clarkston 30021 20-Post 1 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 113 Jay Walker Post Office Box 508 Centerville 31028 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 1385 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 T. Williams Eight East Lake Drive, N.E. Atlanta 30317 90 Robin L. Williams Post Office Box 15993 Augusta 30919 14 Charles Yeargin Post Office Box 584 Elberton 30635 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701

Page CCI

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1991-1992 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 988 Ringgold 30736 3 Charles Poag Post Office Box 441, Harris Street Eton 30724 4-Post 1 Carlton H. Colwell Post Office Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 5 Tim Perry 379 Park Avenue Trion 30753 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 6-Post 2 Harold Mann Post Office Box 1927 Dalton 30722 7 James Beverly Langford Post Office Box 277 Calhoun 30703 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 8-Post 2 Garland F. Pinholster Route Four, Box 170 Ballground 30107 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30503 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 Michael A. Beatty Route 1, Box 1894 Jefferson 30549 13-Post 1 Louie M. Clark Route Two Danielsville 30633 13-Post 2 Alan T. Powell Post Office Box 1278 Hartwell 30643 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 30162 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 Debra Mills Post Office Box 243 Powder Springs 30073 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 20-Post 4 Eugene T. Clark 1833 Kimberly Drive Marietta 30060 20-Post 5 John W. Hammond Post Office Box 548 Marietta 30061 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 21-Post 2 Lynda Coker Post Office Box 578 Marietta 30061 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 21-Post 4 Kip Klein 3966 Jefferson Township Parkway Marietta 30066 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 Street 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 500 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 Anthony Hightower Post Office Box 87290 College Park 30337 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Henrietta M. Canty 487 Lynn Valley Road, 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 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 45 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 47 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 49 Thomas E. Lawrence 2283 Stratmore Drive Stone Mountain 30087 50 Frank Redding Post Office Box 117 Decatur 30030 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 52 Rita Valenti 600 Northern Avenue, F-301 Clarkston 30021 53 Mary Margaret Oliver 480D Towncenter 150 East Ponce de Leon Avenue Decatur 30030 54 Juanita T. Williams Eight East Lake Drive, N.E. Atlanta 30317 55 Nadine Thomas 1375 Town Country Drive Atlanta 30316 56 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 57-Post 1 David B. Irwin Post Office Box 410 Conyers 30207 57-Post 2 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 57-Post 3 Dean Alford 1555 Reagan Circle Conyers 30207 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 Emory Morsberger 5351 Lassiter Drive Stone Mountain 30087 63 Bill Goodwin 6260 Indian River 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 Glynda B. King 42 Avalon Way Riverdale 30274 72-Post 4 John M. Chafin Post Office Box 158 Forest Park 30051 72-Post 5 Gail M. Buckner Post Office Box 2374 Forest Park 30051 73 Wesley Dunn Post Office Box 353 McDonough 30253 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 75 Crisp B. Flynt P.O. Drawer A Griffin 30224 76 Suzi Herbert 110 Partridge Path Griffin 30223 77 J. Crawford Ware Post Office Box 1385 Hogansville 30230 78 Larry Smith Post Office Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 81 Wade Milam Post Office Box 1361 LaGrange 30241 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 83 B. Joseph Brush, Jr. 4160 Wheeler Road Martinez 30907 84 Robert Harris 969 Ginger Hill Road Thomson 30824 85 Henry Howard 2047 Martin Luther King Boulevard 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 Robin L. Williams Post Office Box 15993 Augusta 30919 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 Maretta M. Taylor Post Office Box 12387 Columbus 31907 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 96 Jed Harris Post Office Box 8664 Columbus 31908 97 Ron Culbreth Post Office Box 4781 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 Wayne A. Elliott 201 Second Street, Liberty Tower Macon 31298 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 2159 Butler 31006 113 Jay Walker Post Office Box 508 Centerville 31028 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 115 Larry Walker Post Office Box 1234 Perry 31069 116 Jimmy Skipper Post Office Box 488 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 Tom Bordeaux 126 East Liberty Street Savannah 31401 123 John Merritt 3206 College Street Thunderbolt 31404 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 125 Jack Kingston 29 Island Drive Savannah 31406 126 Anne Meuller 13013 Hermitage Road Savannah 31419 127 Dorothy P. Pelote Post Office Box 1802 Savannah 31401 128 Sonny Dixon Post Office Box 18266 Garden City 31408 129 Ann R. Purcell Route 2, Box 193 Baker Hill Road Rincon 31326 130 Gerald E. Greene Route Three, Box 316 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 W. Floyd Post Office Box 5260 Cordele 31015 136 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 137 Paul S. Branch, Jr. Route Four, Box 5315 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. Post Office Box 915 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 Tim Golden 821 West Cranford Avenue Valdosta 31602 149 Robert L. Patten Route One, Box 180 Lakeland 31635 150 Peg Blitch Post Office Box 335 Homerville 31634 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 Post Office Box 2478 Brunswick 31521 156 Willou Smith 10 Saint Andrews Court Riverfront Plaza Brunswick 31520

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1990 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 5 15 1989 Ex. Sess. 1 1 1990 68 6 62 TOTALS 1275 43 89 1143

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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 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23: Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For65; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

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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 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote: Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn157 [UNK] Area vote: Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 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 For292 Agn37 Glascock 3507 Sheriffcompensation 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area : For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 Georgia Laws, 1957 : County Page No . SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of Athens 2-27-57 For617 Agn2112 Clarke 2036 City of Athens 2-27-57 For714 Agn2047 Cobb 3020 City Acworth 5-4-57 For73 Agn181 Coffee 2833 City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 ForAgn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2-City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3-City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote : For669; Agn43 Outside City : For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No . SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2 : For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel # 2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel # 3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel # 1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel # 4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960 : County Page No . SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : 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 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla 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 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

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Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn-44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 669 No: 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 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

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Georgia Laws, 1962 : County Page No . SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area : For13; Agn44 In City Tennille : For139; Agn-58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page CCXXXVI

Georgia Laws, 1963 : County Page No . SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City : For243; Agn44 Outside City : For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page CCXXXIX

Georgia Laws 1964, January-February session : County Page No . SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 Agn93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City : For43 Agn3 Outside City : For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863

Page CCXLII

Georgia Laws 1964, Extra Session : County Page No . SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elzabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32

Page CCXLIII

Georgia Laws, 1965 : County Page No . SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361

Page CCXLV

Georgia Laws, 1966 : County Page No . SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For2504 Agn5173 Adamsville For198 Agn151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page CCXLVII

Georgia Laws, 1967 : County Page No . SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page CCL

Georgia Laws, 1968 : County Page No . SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page CCLIV

Georgia Laws, 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd . For3 Agn2 Sec. 2Bohannon Rd . For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits : For289 Agn127 Outside city limits : For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote : For2134 Agn694 County vote : For38 Agn205 Houston 3927 City of Warner Robins Election Results Not known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus : For12,379 Agn2,778 Muscogee County : For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville : For271 Agn82 Pulaski County : For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area : For645 Agn578 Proposed Area : For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page CCLVIII

Georgia Laws, 1970 : County Page No . SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election : 289 For Appointment : 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page CCLXI

Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County Vote: For: 1,707 Agn: 2,369 City Vote: For: 3,263 Agn: 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1 : For1,324 Agn931 Sec. 2 : For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730

Page CCLXIV

Georgia Laws, 1971, Extra session : County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

Page CCLXV

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. For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * 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 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results Not Known Camden 3138 Certain county officers salary 8-8-72 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 * Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 * Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 * Demo. For683 Agn1,050 Rep. For1 Agn0 Camden 3770 Small Claims Court of Camden County 8-8-72 * Demo. For926 Agn801 Rep. For1 Agn0 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 For20,074 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 * For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County Commissioners 8-8-72 * For1,410 Agn616 Heard 2113 Board of County Commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 * For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For829 Agn511 Laurens 4099 County Board of Education 8-8-72 * For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total For93 Agn135 McIntosh 2852 City of Darien 11-7-72 * Not Held Macon 2322 Board of County Commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 * For1,060 Agn1,785 Madison 2972 Appt. of County School Superintendent 11-7-72 * For921 Agn2,145 Peach 3212 Appt. of County School Superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 * For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 * For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 * For654 Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page CCLXXI

Georgia Laws, 1973 : County Page No . SUBJECT Date of Election Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not Known Chatham 2268 Savannah-Chatham County Government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019. Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes21 No29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For648 Agn682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes412 No52 Cook 2300 Cook County Commissioners 5-22-73 For758 Agn735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes37 No191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171. 11-5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes225 No256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes808 No191 Stewart 3152 City of Lumpkin 6-12-73 Yes97 No173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes322 No228

Page CCLXXIII

Georgia Laws, 1974 : County Page No . SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff of Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

Page CCLXXV

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page CCLXXVIII

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 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 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9-9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

Page CCLXXX

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 1 1 This Act was declared unconstitutional by decision of Federal Court. 5-4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 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 CCLXXXII

Georgia Laws, 1977 : 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 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page CCLXXXIII

Georgia Laws, 1978 : 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 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum.

Page CCLXXXV

Georgia Laws, 1979 : 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 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page CCLXXXVI

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 Catoosa 4250 Board of Education 8-5-80 Yes: 3,156 No: 4,464 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: 10 No: 0

Page CCLXXXVII

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 CCLXXXVIII

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 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 * 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11-2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6-1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4-6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230 Jackson 4012 Jackson County school districtmerged with Jefferson City school district and Commerce City school district 11-2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11-2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6-8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6-8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12-7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11-2-82 Proposal No. 1 Question No. 1 - 526 Question No. 2 - 1,124 Proposal No. 2 Question No. 1 - 613 Question No. 2 - 947 Pulaski 4638 School district superintendent 11-2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533 Ware (City of Waycross) 4611 Land conveyance authorized 11-2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11-2-82 Yes 1,320 No 684 Wheeler 4126 Board of education Was not held Worth 3715 Board of commissioners 11-2-82 Yes 1,643 No 733

Page CCXCII

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 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 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 CCXCV

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 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 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 Upson 3729 Upson County Board of CommissionersCommissioner 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 EducationEducation Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of EducationElection 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 CCXCIX

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 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 Heard 5078 Board of Education; Election; 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 pre-cleared 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 CCCII

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 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 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 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 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 CCCVII

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 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 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 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; Elections; 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

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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

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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

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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 (1) 984 (2) 628 Hart 3604 Board of Commissioners; Creation 4-12-88 4-26-88 Runoff (3) 943 (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 8-9-98 Yes: 2,681 No: 6,432 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 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 CCCXVI

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 CountyBoard of Commissioners; Creation 11-7-89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of AthensRedevelopment Powers 11-7-89 Yes: 919 No: 725 Clayton 4905 Clayton CountyBoard 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 CountyRedevelopment Powers 7-17-90 Yes: 27,511 No: 27,847 Cobb City of Smyrna 3878 City of SmyrnaHomestead Exemption 4-4-89 Yes: 1,714 No: 107 Cobb City of Smyrna 4896 City of SmyrnaHomestead Exemption 4-4-89 Yes: 1,641 No: 156 Dougherty City of Albany 4802 City of AlbanyMayor and Commissioners; Elections; Terms 8-8-89 Yes: 11,373 No: 2,489 Dougherty City of Albany 4062 City of AlbanyHomestead Exemption 8-8-89 Yes: 12,173 No: 1,553 Effingham Town of Rincon 4024 Town of RinconHomestead Exemption 11-7-89 Yes: 427 No: 27 Fannin City of Blue Ridge 3823 City of Blue RidgeNew 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 districtHomestead Exemption 11-6-90 Yes: 44,047 No: 7,769 Harris City of Shiloh 4084 City of ShilohHomestead Exemption Referendum Not Held Henry 4829 Henry CountyBoard of Commissioners; Chairman; Election Superseded by Ga. L. 1990, p. 5232 Liberty City of Hinesville 4782 City of HinesvilleMayor and Council; Elections; Terms; Districts Superseded by Ga. L. 1990, p. 4047 Lowndes 3578 LowndesBoard of Education; Number of Members; Districts; Elections; Vacancies Repealed by Ga. L. 1990, p. 3529 Spalding 3802 Griffin-Spalding County Charter CommissionCreation 4-9-91 Yes: 2,957 No: 5,549 Whitfield 4901 Whitfield CountyBoard of Education; Terms; Elections Referendum Not Held

Page CCCXVIII

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 CCCXIX

Georgia Laws, 1990 : County Page No . SUBJECT Date of Election Result Appling 4142 Board of Commissioners; Terms 11-6-90 Yes: 1,759 No: 908 Appling 4720 Board of Education; Members; Terms 11-6-90 Yes: 1,767 No: 900 Ben Hill 4435 Board of Education; Elections; Terms; Districts; Vacancies 8-28-90 Yes: 238 No: 22 Ben Hill City of Fitzgerald 4146 Homestead Exemption 11-20-90 Yes: 722 No: 100 Berrien 4703 Board of Commissioners; Salary; Composition Referendum Not Held Catoosa 4481 Comprehensive Land Use Plan; Advisory Referendum 7-17-90 Yes: 2,276 No: 1,651 Catoosa 4984 School District; Homestead Exemption 11-6-90 Yes: 6,069 No: 1,495 Charlton City of Folkston 4217 Corporate Limits Referendum Not Held Chatham 3992 Board of Commissioners; Chairman; Term 11-6-90 Yes: 23,981 No: 7,149 Chatham City of Pooler 4202 Homestead Exemption 11-6-90 Yes: 645 No: 64 Chatham 5146 Homestead Exemption 11-6-90 Yes: 25,777 No: 5,162 Chatham City of Savannah 3995 Mayor; Terms 11-6-90 Yes: 12,513 No: 4,729 Clarke 4711 Board of Education; Membership; Elections 11-6-90 Yes: 13,458 No: 3,288 Clarke and City of Athens 3560 Unified Government: Officers; Employees; Powers; Duties 8-7-90 Yes: 11,572 No: 8,110 Clayton 4632 School Superintendent; Election 11-6-90 Yes: 21,629 No: 11,275 Clayton 4378 Governing Authority; Millage Rates 11-6-90 Yes: 19,433 No: 12,594 Clayton 4635 Board of Education; Election; Terms; Districts 11-6-90 Yes: 16,902 No: 15,137 Clayton City of Riverdale 5267 Homestead Exemption 10-13-90 Yes: 797 No: 100 Cobb City of Marietta 4390 Ad Valorem Tax; Public Schools Referendum Not Held Crawford 4331 Board of Commissioners; Salary 11-6-90 Yes: 294 No: 1,184 DeKalb 3978 Homestead Exemption 11-6-90 Yes: 47,225 No: 56,619 DeKalb 5272 DeKalb County School District; Millage Rates 11-6-90 Yes: 63,540 No: 34,207 DeKalb 3900 Code of Ethics; Board of Ethics of DeKalb County; Members; Powers; Duties 11-6-90 Yes: 104,297 No: 12,387 Douglas 3643 Homestead Exemption; School District Taxes 7-17-90 Yes: 7,185 No: 1,936 Douglas 3650 Board of Commissioners; Membership; Elections 7-17-90 Yes: 6,428 No: 3,293 Douglas 3662 Homestead Exemption 7-17-90 Yes: 6,836 No: 2,309 Douglas 3658 Homestead Exemption 7-17-90 Yes: 7,422 No: 1,813 Effingham 4035 Homestead Exemption; School District Taxes 11-6-90 Yes: 3,444 No: 423 Fayette 4317 School Superintendent; Appointment; Term 11-6-90 Yes: 5,949 No: 11,075 Forsyth 4680 Homestead Exemption; School District Taxes 11-6-90 Yes: 7,969 No: 1,992 Fulton City of Hapeville 3665 Redevelopment Powers 11-6-90 Yes: 825 No: 396 Fulton City of College Park 4238 Homestead Exemption 5-7-90 Yes: 540 No: 27 Fulton City of College Park 4242 Redevelopment Powers 5-7-90 Yes: 481 No: 82 Gordon 3745 Board of Commissioners; Creation; Election 11-6-90 Yes: 1,758 No: 3,426 Gwinnett City of Buford 4291 Homestead Exemption 11-3-90 Yes: 755 No: 117 Gwinnett 3774 Homestead Exemption; School District Taxes 11-6-90 Yes: 67,424 No: 21,536 Gwinnett City of Norcross 3941 Homestead Exemption 6-5-90 Yes: 135 No: 7 Gwinnett City of Lilburn 4469 Homestead Exemption 5-22-90 Yes: 401 No: 26 Haralson 3868 Board of Commissioners; Creation; Elections; Terms; Powers; Duties 7-17-90 Yes: 1,907 No: 2,008 Harris City of Shiloh 3840 Homestead Exemption 11-6-90 Yes: 73 No: 21 Henry 5232 Board of Commissioners; Chairman; Election 11-6-90 Yes: 8,376 No: 4,952 Henry 4474 School Superintendent; Appointment 11-6-90 Yes: 4,085 No: 9,950 Henry 4476 Board of Education; Members; Elections 11-6-90 Yes: 9,217 No: 4,270 Jefferson 4224 Board of Education; Election; School Superintendent; Appointment 7-17-90 Yes: 1,927 No: 909 Jones 3790 Homestead Exemption 7-17-90 Yes: 1,854 No: 390 Lamar 4022 Magistrate Court; Chief Magistrate; Selection 11-6-90 Yes: 1,424 No: 544 Liberty 4045 Enhanced 911 Emergency Telephone Service 11-6-90 Yes: 1,754 No: 579 Liberty City of Hinesville 4047 Mayor; Councilmembers; Election; Terms 11-6-90 Yes: 815 No: 367 McIntosh 4781 School Superintendent; Appointment 11-6-90 Yes: 832 No: 1,046 Monroe City of Forsyth 4764 Homestead Exemption 11-6-90 Yes: 806 No: 149 Monroe 4547 Board of Commissioners; Salary 11-6-90 Yes: 901 No: 2,856 Murray 3845 Board of Commissioners; Creation; Members; Elections; Districts 11-6-90 Yes: 2,065 No: 1,509 Murray 3668 Board of Education; Powers; Duties; Elections; Terms 11-6-90 Yes: 2,240 No: 974 Peach 4589 Board of Commissioners; Redevelopment Powers 7-17-90 Yes: 837 No: 615 Peach 4155 Board of Education; Election; Terms 11-6-90 Yes: 2,686 No: 971 Pulaski 4415 Board of Education; Members; Non-partisan Elections Referendum Not Held Rockdale 4654 Board of Education; Election 11-6-90 Yes: 9,713 No: 4,088 Spalding City of Griffin 4596 Board of Commissioners; Chairman; Powers; Duties Referendum Not Held Spalding City of Griffin 3734 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption Referendum Not Held Tattnall City of Reidsville 4918 Mayor; Terms of Office 11-6-90 Yes: 219 No: 334 Toombs 4603 School Superintendent; Appointment 11-6-90 Yes: 545 No: 1,121 Twiggs 3935 Homestead Exemptions 7-17-90 Yes: 1,171 No: 319 Upson City of Thomaston 3794 Upson County School Systems; Merger; Board of Education; Members 7-17-90 Upson County: Yes: 2,269 No: 1,227 City of Thomaston: Yes: 1,673 No: 1,055 Walton City of Social Circle 4159 Homestead Exemption; Disabled Residents 7-17-90 Yes: 246 No: 60 Walton City of Social Circle 4171 School District; Homestead Exemption 7-17-90 Yes: 248 No: 39 Walton 4351 Homestead Exemption 7-17-90 Yes: 2,639 No: 369 Wilkes 4592 Board of Education; Election; Terms 11-6-90 Yes: 1,801 No: 442 Wilkinson City of Ivey 3787 Homestead Exemption 12-6-90 Yes: 175 No: 14

Page CCCXXIV

BY THE GOVERNOR OF THE STATE OF GEORGIA A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, eight Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 6, 1990; and WHEREAS: The number of votes cast for and against the ratification of the 8 Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 6, 1990, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitution Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 2, 3, 4, 5, 6, 7, 8, and 9, which appeared upon the 1990 General Election ballot, all of which are Amendments to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, are a part of the Constitution of the State of Georgia of 1983. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1991. FURTHER: I do proclaim that the referendum results concerning proposed Constitutional Amendment number 1 which appeared upon the 1990 General Election ballot, which was a proposed Amendment to the Constitution of the State of Georgia of

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1983 have been enjoined from certification or announcement by order dated November 5, 1990, of the United States District Court for the Northern District of Georgia. This 11th day of January, 1991. /s/ Joe Frank Harris GOVERNOR ATTEST /s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 6, 1990, the number of votes cast for and against General Constitutional Amendments numbers 2 through 9 voted on in said election are tabulated on the two typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have here-unto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE.

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 6, 1990 2. H. R. 763 Res. Act85 (Ga. L. 1990, P. 2433) Shall the Constitution be amended so as to authorize the General Assembly by general law to provide for an education trust fund to assist students and parents of students in financing post-secondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues? YES: 605,013 52.09% NO: 556,376 47.91% 3. H. R. 836 Res. Act95 (Ga. L. 1990, P. 2437) Shall the Constitution be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment? YES: 726,907 61.94% NO: 446,716 38.06% 4. H. R. 588 Res. Act75 (Ga. L. 1990, P. 2432) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management resuce specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991? YES: 776,084 69.07% NO: 347,463 30.93% 5. H. R. 279 Res. Act67 (Ga. L. 1990, P. 2429) Shall the Constitution be amended so as 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? YES: 301,202 28.06% NO: 772,271 71.94% 6. S. R. 116 Res. Act107 (Ga. L. 1990, P. 2443) Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state? YES: 693,599 61.12% NO: 441,170 38.88% 7. H. R. 861 Res. Act99 (Ga. L. 1990, P. 2440) Shall the Constitution be amended so as to authorize the General Assembly to confer by law jurisdiction upon municipal courts to try state offenses? YES: 619,381 58.04% NO: 447,706 41.96% 8. H. R. 585 Res. Act72 (Ga. L. 1990, P. 2430) Shall the Constitution be amended so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce may be tried in in the county in which the plaintiff resides? YES: 744,997 66.47% NO: 375,751 33.53% 9. H. R. 796 Res. Act106 (Ga. L. 1990, P. 2441) Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops? YES: 647,596 58.56% NO: 458,326 41.44%

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BY THE GOVERNOR OF THE STATE OF GEORGIA A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, nine Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 6, 1990; and WHEREAS: The number of votes cast for and against the ratification of eight of the nine Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 6, 1990, were counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to then Governor Joe Frank Harris; and WHEREAS: Then Governor Joe Frank Harris proclaimed on January 11, 1991, that proposed Constitutional Amendment numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9, which appeared upon the 1990 General Election ballot as having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday November 6, 1990, and as being a part of the Constitution of the State of Georgia of 1983; and WHEREAS: Said Proclamation of then Governor Harris erroneously proclaimed proposed Constitutional Amendment number 5 as having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, and as being made a part of the Constitution of the State of Georgia; and WHEREAS: Said Proclamation further failed to proclaim the referendum results concerning proposed Constitutional Amendment number 1 which appeared upon the 1990 General Election ballot for the reason that the United States District Court for the Northern District of Georgia had enjoined the certification or announcement of such referendum results; and WHEREAS: The number of votes cast for and against the ratification of Constitutional Amendment number 1 to the Constitution of the State of Georgia of 1983 voted on in the General Election

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held on November 6, 1990, were counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia and the results thereof certified to me as Governor of the State of Georgia on March 4, 1991; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitution Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendment number 5 which appeared upon the 1990 General Election ballot as an Amendment to the Constitution of the State of Georgia of 1983 was not ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, and the Proclamation by Governor Joe Frank Harris of January 11, 1991, shall be and hereby is deemed amended accordingly; and FURTHER: That Constitutional Amendment number 1, which appeared upon the 1990 General Election ballot, which is an Amendment to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, is a part of the Constitution of the State of Georgia of 1983. Unless the amendment itself shall provide otherwise, such amendment to the Constitution shall become effective on January 1, 1991. This 20th day of March, 1991. /s/ Zell Miller GOVERNOR ATTEST /s/ Keith W. Mason EXECUTIVE SECRETARY

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I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State on November 6, 1990, the number of votes cast for and against General Constitutional Amendment Number One voted on in said election is tabulated on the one typewritten page hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of March, in the year of our Lord One Thousand Nine Hundred and Ninetyone and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE. I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 6, 1990, the number of votes cast for and against General Constitutional Amendments numbers 2 through 9 voted on in said election are tabulated on the two typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE.

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 6, 1990 1. H.R.777 Res. Act87 (Ga. L. 1990, P. 2435) Shall the Constitution be amended to provide that the General Assembly may authorize lawsuits against the state and its departments, agencies, officers, and employees and to provide how public officers and employees may and may not be held liable in court? YES: 615,333 53.11% NO: 543,215 46.89% 2. H. R. 763 Res. Act85 (Ga. L. 1990, P. 2433) Shall the Constitution be amended so as to authorize the General Assembly by general law to provide for an education trust fund to assist students and parents of students in financing post-secondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues? YES: 605,013 52.09% NO: 556,376 47.91% 3. H. R. 836 Res. Act95 (Ga. L. 1990, P. 2437) Shall the Constitution be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment? YES: 726,907 61.94% NO: 446,716 38.06% 4. H. R. 588 Res. Act75 (Ga. L. 1990, P. 2432) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management resuce specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991? YES: 776,084 69.07% NO: 347,463 30.93% 5. H. R. 279 Res. Act67 (Ga. L. 1990, P. 2429) Shall the Constitution be amended so as 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? YES: 301,202 28.06% NO: 772,271 71.94% 6. S. R. 116 Res. Act107 (Ga. L. 1990, P. 2443) Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state? YES: 693,599 61.12% NO: 441,170 38.88% 7. H. R. 861 Res. Act99 (Ga. L. 1990, P. 2440) Shall the Constitution be amended so as to authorize the General Assembly to confer by law jurisdiction upon municipal courts to try state offenses? YES: 619,381 58.04% NO: 447,706 41.96% 8. H. R. 585 Res. Act72 (Ga. L. 1990, P. 2430) Shall the Constitution be amended so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce may be tried in in the county in which the plaintiff resides? YES: 744,997 66.47% NO: 375,751 33.53% 9. H. R. 796 Res. Act106 (Ga. L. 1990, P. 2441) Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops? YES: 647,596 58.56% NO: 458,326 41.44%

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 24, 1991 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 287, 450, 478, 480, 557, 655, 759, 763, 774 and, House Resolution 352 which were passed by the General Assembly of Georgia at the 1991 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/ Zell Miller Zell Miller ZM: cwb Attachments cc: Honorable Pierre Howard, 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

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 24, 1991 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bills 153, 272, 357 and 382 which were passed by the General Assembly of Georgia at the 1991 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/ Zell Miller Zell Miller ZM: cwb Attachments 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

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VETO NUMBER ONEHOUSE BILL 763. COLWELL OF THE 4TH. This bill would have provided a salary supplement to the Commissioner of Corrections through earnings received by the Georgia Correctional Industries Administration. I believe that all salaries of department heads shall be established through the budget process and this bill would circumvent that process. Accordingly, I hereby veto House Bill 763. VETO NUMBER TWOSENATE BILL 382. KIDD OF THE 25TH. This bill amends the Recall Act of 1989 by increasing the procedural and evidentiary burdens of those seeking to recall public officials. Senate Bill 382 would restrict the ability of the public to recall a public official to cases in which the public official violated state law. By so doing, the public could not proceed with the recall of a public official on grounds of violation of federal law. Senate Bill 382 would also preclude the recall of a public official who had taken action in good faith and in the absence of fraud and corruption. I cannot countenance such a restriction on this important tool of democratic expression, and for this reason, I hereby veto Senate Bill 382. VETO NUMBER THREEHOUSE BILL 480. BOSTICK OF THE 138TH. This bill would have removed the cap on service charges permitted to be charged by ticket agents. Current law provides for a cap of $3.00 on such service charges. This bill would have opened the door to unlimited charges with the potential of consumer gouging. This is an anti-consumer bill. Therefore, for the protection of the consumer, I hereby veto House Bill 480. VETO NUMBER FOURHOUSE BILL 655. ALFORD OF THE 57TH; BAKER OF THE 51ST; TEPER OF THE 46TH. This bill created the City of DeKalb Study Commission. Following passage of the bill by the legislature, the authors of the bill found several technical errors in the bill. Subsequently, the authors passed House Bill 882 dealing with the same subject matter correcting

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such technical errors and requested a veto of House Bill 655. Therefore, I hereby veto House Bill 655. VETO NUMBER FIVEHOUSE BILL 759. TWIGGS OF THE 4TH AND COLWELL OF THE 4TH. House Bill 759 changed the manner of compensation of the Clerk of the Superior Court of Rabun County. Due to local controversy surrounding this bill, the authors requested that I veto it. Therefore, I hereby veto House Bill 759. VETO NUMBER SIXSENATE BILL 153. DEAL OF THE 49TH AND GARNER OF THE 30TH. Current law requires appellate judges who serve beyond the age of 75 to forfeit their retirement benefits. Senate Bill 153 would amend this law by permitting an appellate judge to continue to serve beyond the age of 75 if certified as capable by the Judicial Qualifications Commission. The administration of justice in this State is at a critical junction. The laws concerning the election of the Georgia judiciary are currently being scrutinized in several judicial arenas. All legislation affecting the judiciary must be carefully considered for the potential immediate ramifications it might have on the outstanding litigation as well as long-term ramifications on the composition of the judiciary. One of my first acts as Governor was to reconstitute the Judicial Nominating Commission in an effort to promote diversity on the bench. Senate Bill 153 and its counterpart, House Bill 478, are counter to my efforts by encouraging the status quo. Although I commend those who have ably and honorably served this State for many years in an appellate capacity, I favor the incentives for retirement now present in the law. It is my opinion that the current law achieves that delicate balance between experience and the infusion of new ideas and new judges so necessary to ensure diversity and the administration of justice in this State. For these reasons, I hereby veto Senate Bill 153. VETO NUMBER SEVENHOUSE BILL 478. GROOVER OF THE 99TH AND MURPHY OF THE 18TH. Current law requires members of the Superior Court Judges Retirement System who serve beyond the age of 75 to forfeit their

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retirement benefits and members of the Trial Judges and Solicitors Fund who serve beyond the age of 70 to forfeit their retirement benefits. House Bill 478, like its counterpart for appellate judges, Senate Bill 153, would permit such judges to serve provided they are certified as capable by the Judicial Qualifications Commission. In my veto message on Senate Bill 153, I outlined my objections to the concept embraced in House Bill 478. That same reasoning applies to the Superior Court Judiciary which is currently the focus of litigation. I cannot approve legislation which preserves the status quo and still achieve the diversity of the bench that I am so firmly committed to in principle. For this reason, I hereby veto House Bill 478. VETO NUMBER EIGHTSENATE BILL 272. GILLIS OF THE 20TH; ROBINSON OF THE 16TH; AND HOOKS OF THE 14TH. This bill would provide for reimbursement of expenses of volunteers working with the Department of Natural Resources as well as payment of premiums for liability insurance and workers' compensation. In part, this bill addresses the growing concerns of volunteers regarding their potential for liability when performing volunteer activities. Although the State is fortunate to have persons who volunteer for public service activities, there are other, less costly, alternatives to the State to provide some degree of protection from liability claims for the volunteers. One such alternative is to provide for a limited immunity to volunteers engaged in public service activities. Likewise, the payment of workers' compensation benefits to volunteers injured on the job may involve a significant liability on the part of the State. It is estimated that a program of up to 1000 volunteers working with the Department of Natural Resources could result in a payment of up to an additional $500,000 annually for workers' compensation benefits. Given the current financial situation of the State, I am reluctant for the State through its Department of Natural Resources to incur such a contingent liability. For these reasons, I hereby veto Senate Bill 272.

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VETO NUMBER NINESENATE BILL 357. FOSTER OF THE 50TH; DEAL OF THE 49TH; AND JOHNSON OF THE 47TH. Senate Bill 357 provides for partial State funding of local welcome centers. The amount of State funding would be tied to the level of visitation at the local welcome center. The funding thresholds are more liberal than budgeted through the Department of Industry and Trade. Due to current fiscal restraints, I am concerned about tying the State to a statutorily expressed funding formula which would mandate an increase in the Fiscal Year 1992 budget. I am further concerned that economic projections disclose that overall funding pursuant to Senate Bill 357 could cost the State $260,000 in Fiscal Year 1993. I can give no assurances that such funds will be available for this purpose during this recessionary period. Therefore, I hereby veto Senate Bill 357. VETO NUMBER TENHOUSE BILL 287. GREENE OF THE 130TH; EDWARDS OF THE 112TH; HOLMES OF THE 28TH. In 1990, the Georgia General Assembly passed the Georgia Municipal Training Act. That legislation provides for a board of directors of the Georgia Municipal Training Institute. The 1990 law further requires that two members of the board shall be the president or designee of the Georgia Municipal Association and the executive director or designee of the Georgia Municipal Association. House Bill 287 increases the number of directors on the board to eight by including the president or designee of the Municipal Clerks and Finance Officers Association. The Georgia Supreme Court, in Rogers v. Medical Association of Georgia , 244 Ga. 151 (1979), held that the delegation of power of appointment to a public office to a private organization is unconstitutional. The Municipal Clerks and Finance Officers Association is a private entity and is not created pursuant to state law. The composition of the board of directors for the Georgia Municipal Training Institute is currently constitutionally suspect because it provides that the board shall consist of two officials of the Georgia Municipal Association as designated by the Georgia Municipal Association. The Georgia Municipal Association is also a private entity. I certainly do not intend to compound the problem by adding an additional constitutionally suspect board member. Therefore, I hereby veto House Bill 287.

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VETO NUMBER ELEVENHOUSE BILL 450. SNOW OF THE 1ST; MOBLEY OF THE 64TH; PADGETT OF THE 86TH. House Bill 450, the Georgia Prompt Payment Act, has twice passed the legislature only to be vetoed by the Governor. I continue that practice today for the very simple reason that I see no compelling reason for its enactment into law. The Georgia Prompt Payment Act would require state agencies and authorities to pay their bills and rent within 30 days of invoice, or be subject to a 1% per month penalty. It would also require additional administration burdens on agencies already suffering hiring freezes and potential personnel reductions. Statistical data reflects a decrease from over 20% of payments after 30 days by the State in 1986 to a mere 3% in Fiscal Year 1990. Even at the low percentage of 3%, House Bill 450, would have cost the State over one-half million dollars in interest for Fiscal Year 1990. Those dollars would have had to have come from the limited funds appropriated to deserving programs. Although I believe in making financial commitments in a timely and prompt manner, I think it is ill-advised to mandate by statute that such payments be made within 30 days and to provide for significant monetary penalties in the unlikely event that such payments are not made. It is the State which is accountable for prompt payment; however, it is the taxpayer who would ultimately be responsible for such interest payments. As chief executive of this State, I pledge that I will work for prompt payment by all state agencies and authorities. I will not place that burden on the Georgia taxpayer. For these reasons, I hereby veto House Bill 450. VETO NUMBER TWELVEHOUSE BILL 557. OLIVER OF THE 121ST; BARGERON OF THE 108TH; GODBEE OF THE 110TH. House Bill 557 establishes a mandatory salary schedule for school bus drivers by statute, with dollar amounts for pay increments specified in the statute based on years of experience. This bill is objectionable in principle to me for several reasons. First, statutorily specified salary schedules are inflexible, and can thereby present problem in terms of fiscal management. Secondly, I would also point out that specifying school bus drivers' salaries by

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statute might be considered to grant preferential treatment to bus drivers over teachers since teachers' salaries are not so specified. While both perform very important functions, I do not agree that bus drivers should receive preferential salary treatment over classroom teachers. I am also opposed to House Bill 557 because enactment of House Bill 557 could result in a pay increase of up to 10% for school bus drivers at a certain level of experience. That prospect is totally unacceptable in a year wherein most state employees and many education personnel are getting neither a cost of living increase nor a longevity increment due to fiscal constraints. Finally, I am concerned that the ultimate burden of higher salaries for bus drivers would fall on local government and therefore be borne by the property owner in the form of higher property taxes. This is not the year to burden our citizenry nor our local governments with the potential for higher costs fixed by statute. For these reasons. I hereby veto House Bill 557. VETO NUMBER THIRTEENHOUSE BILL 774. DUNN OF THE 73RD. This bill would make it a deceptive practice to advertise that a patient's deductible or copayment under a health insurance policy or plan will be waived by a licensed health care practitioner. After passage of the bill, non-profit community health centers became concerned that this law would conflict with federal law which requires non-profit community health centers to advertise a sliding fee scale and the waiver of copayments and deductibles. Following a discussion with the author of this bill, I have agreed to veto the bill to avoid placing non-profit community health centers in a position whereby they would necessarily be in violation of either State law or federal law, depending on which conflicting mandate they met. Community health centers perform a valuable public service. The State should not erect barriers to health care for that segment of Georgia's population which depends on community health centers for their primary health care. For these reasons, I hereby veto House Bill 774. VETO NUMBER FOURTEENHOUSE RESOLUTION 352. MEADOWS OF THE 91ST. House Resolution 352 would authorize the State Properties Commission to negotiate a long-term lease of state-owned property in the Warm Springs area. The lease would include the area containing

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the historic hydrotherapy pool. The purpose of the lease would be to expand an existing nine-hole golf course to an eighteen-hole golf course. Long-term leases of this magnitude require feasibility studies and appraisals. In connection with House Resolution 352, the State Properties Commission estimates that such feasibility studies and appraisals would cost up to $20,000. House Resolution 352 did not originate by or through the State Properties Commission as do most resolutions dealing with the sale or lease of state properties. Therefore, funds have not been budgeted by the State Properties Commission to conduct the feasibility studies and appraisals which are necessary for the State to negotiate a long-term lease of this nature. For this reason, I hereby veto House Resolution 352. VETO NUMBER FIFTEENSENATE RESOLUTION 198. HARRIS OF THE 27TH; GILLIS OF THE 20TH; COLLINS OF THE 17TH; AND JOHNSON OF THE 47TH. This Resolution would authorize the State Properties Commission to negotiate a long-term lease with a private entity to lease certain abandoned hydro-electric facilities at High Falls State Park and Watson Bridge State Park. This would require that the State Properties Commission conduct certain feasibility studies and appraisals prior to negotiation of the lease. The State Properties Commission estimates that these feasibility studies could cost the State up to $20,000. Senate Resolution 198 did not originate by or through the State Properties Commission prior to introduction. Therefore, the State Properties Commission has not budgeted the funds necessary to conduct the feasibility study. For this reason, I hereby veto Senate Resolution 198.

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ADDENDUM TO STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1990 LEGISLATIVE SESSION May 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 State Auditor is required to submit a report for printing in the annual session laws of the State of Georgia covering all retirement bills having a fiscal impact which had actuarial evaluations and were subsequently enacted during the legislative session. The report was properly filed with your office on April 30, 1990 and indicated, by retirement system, whether or not provision had been made for the concurrent funding of each fiscal bill in conformity with applicable code requirements. This serves as an addendum to the report dated April 30, 1990. The following bills were amended during the legislative process becoming non fiscal and not requiring an actuarial investigation. Technical language was inadvertently retained in both bills requiring concurrent funding and this addendum to the earlier report satisfies the technical requirements so both bills may be enacted. The bills were as follows: Retirement System Bill No . Act No . Title of Bill Comments Employees' Retirement System HB 754 1296 Survivor's Benefits Provision made for concurrent funding (not a retirement bill) Peace Officers Annuity and Benefit Fund HB 115 1084 Spouse Beneficiary Provision made for concurrent funding (non fiscal bill) Sincerely, /s/ G. W. Hogan G. W. Hogan State Auditor GWH/bh